[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2013 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Part 52 (Sec. Sec.  52.1019 to 52.2019)

                         Revised as of July 1, 2013

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2013
                    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........................     791
      Alphabetical List of Agencies Appearing in the CFR......     811
      List of CFR Sections Affected...........................     821

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
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    To determine whether a Code volume has been amended since its 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
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Code users may find the text of provisions in effect on any given date 
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2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[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

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established by statute and allows Federal agencies to meet the 
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This material, like any other properly issued regulation, has the force 
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    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 
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    (b) The matter incorporated is in fact available to the extent 
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    (c) The incorporating document is drafted and submitted for 
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CFR INDEXES AND TABULAR GUIDES

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alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
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INQUIRIES

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or write to the Director, Office of the Federal Register, National 
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available at www.ecfr.gov.

    Charles A. Barth,
    Director,
    Office of the Federal Register.
    July 1, 2013.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-two 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-end 
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part 
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts 
72-80, parts 81-84, part 85-Sec.  86.599-99, part 86 (86.600-1-end of 
part 86), parts 87-99, parts 100-135, parts 136-149, parts 150-189, 
parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts 400-
424, parts 425-699, parts 700-789, parts 790-999, and part 1000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2013.

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

    For this volume, Michele Bugenhagen 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. 52.1019 to 52.2019)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


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

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

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





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



                             Subpart U_Maine

Sec.
52.1019 Identification of plan--conditional approval.
52.1020 Identification of plan.
52.1021 Classification of regions.
52.1022 Approval status.
52.1023 Control strategy: Ozone.
52.1024 Attainment dates for national standards.
52.1025 Control strategy: Particulate matter.
52.1026 Review of new sources and modifications.
52.1027 Rules and regulations.
52.1028 [Reserved]
52.1029 Significant deterioration of air quality.
52.1030 Control strategy: Sulfur oxides.
52.1031 EPA-approved Maine regulations.
52.1033 Visibility protection.
52.1034 Stack height review.
52.1035 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1036 Emission inventories.
52.1037 Identification of plan section.

                           Subpart V_Maryland

52.1070 Identification of plan.
52.1071 Classification of regions.
52.1072 Conditional approval.
52.1073 Approval status.
52.1074 Legal authority.
52.1075 Base year emissions inventory.
52.1076 Control strategy plans for attainment and rate-of-progress: 
          Ozone.
52.1077 Source surveillance.
52.1078 Extensions.
52.1079 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.
52.1081 Control strategy: Particulate matter.
52.1082 Determinations of attainment.
52.1083 [Reserved]
52.1084 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1085 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.1086-52.1099 [Reserved]
52.1100 Original identification of plan section.
52.1101-52.1109 [Reserved]
52.1110 Small business stationary source technical and environmental 
          compliance assistance program.
52.1111-52.1115 [Reserved]
52.1116 Significant deterioration of air quality.
52.1117 Control strategy: Sulfur oxides.
52.1118 Approval of bubbles in nonattainment areas lacking approved 
          demonstrations: State assurances.

                         Subpart W_Massachusetts

52.1119 Identification of plan--conditional approval.
52.1120 Identification of plan.
52.1121 Classification of regions.
52.1122 [Reserved]
52.1123 Approval status.
52.1124 Review of new sources and modifications.
52.1125 Emission inventories.
52.1126 Control strategy: Sulfur oxides.
52.1127 Attainment dates for national standards.
52.1128 Transportation and land use controls.
52.1129 Control strategy: Ozone.
52.1130 [Reserved]
52.1131 Control strategy: Particulate matter.
52.1132 Control strategy: Carbon Monoxide.
52.1133 [Reserved]
52.1134 Regulation limiting on-street parking by commuters.
52.1135 Regulation for parking freeze.
52.1136-52.1144 [Reserved]
52.1145 Regulation on organic solvent use.
52.1146 [Reserved]
52.1147 Federal compliance schedules.
52.1148-52.1158 [Reserved]
52.1159 Enhanced motor vehicle inspection and maintenance.
52.1160 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1161 Incentives for reduction in single-passenger commuter vehicle 
          use.
52.1162 Regulation for bicycle use.
52.1163 Additional control measures for East Boston.
52.1164 Localized high concentrations--carbon monoxide.
52.1165 Significant deterioration of air quality.
52.1166 [Reserved]
52.1167 EPA-approved Massachusetts State regulations.
52.1168 Certification of no sources.
52.1168a Part D--Disapproval of Rules and Regulations.

[[Page 6]]

52.1169 Stack height review.

                           Subpart X_Michigan

52.1170 Identification of plan.
52.1171 Classification of regions.
52.1172 Approval status.
52.1173 Control strategy: Particulates.
52.1174 Control strategy: Ozone.
52.1175 Compliance schedules.
52.1176 Review of new sources and modifications. [Reserved]
52.1177-52.1178 [Reserved]
52.1179 Control Strategy: Carbon Monoxide.
52.1180 Significant deterioration of air quality.
52.1181 Interstate pollution.
52.1182 State boards.
52.1183 Visibility protection.
52.1184 Small business stationary source technical and environmental 
          compliance assistance program.
52.1185 Control strategy: Carbon monoxide.
52.1186 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1187 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.1188 [Reserved]
52.1190 Original identification of plan section.

                           Subpart Y_Minnesota

52.1219 Identification of plan--conditional approval.
52.1220 Identification of plan.
52.1221 Classification of regions.
52.1222 Original identification of plan.
52.1223 Approval status.
52.1224 General requirements.
52.1225 Review of new sources and modifications.
52.1226-52.1229 [Reserved]
52.1230 Control strategy and rules: Particulates.
52.1231-52.1232 [Reserved]
52.1233 Operating permits.
52.1234 Significant deterioration of air quality.
52.1235 Regional haze.
52.1236 Visibility protection.
52.1237 Control strategy: Carbon monoxide.
52.1240 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1241 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?

                          Subpart Z_Mississippi

52.1270 Identification of plan.
52.1271 Classification of regions.
52.1272 Approval status.
52.1273 [Reserved]
52.1275 Legal authority.
52.1276 [Reserved]
52.1277 General requirements.
52.1278 Control strategy: Sulfur oxides and particulate matter.
52.1279 Visibility protection.
52.1280 Significant deterioration of air quality.
52.1281 Original identification of plan section.
52.1284 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?

                           Subpart AA_Missouri

52.1319 [Reserved]
52.1320 Identification of plan.
52.1321 Classification of regions.
52.1322 Original identification of plan section.
52.1323 Approval status.
52.1324 [Reserved]
52.1325 Legal authority.
52.1326 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1327 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.1328-52.1334 [Reserved]
52.1335 Compliance schedules.
52.1336-52.1338 [Reserved]
52.1339 Visibility protection.
52.1340 Control strategy: Carbon monoxide.
52.1341 Control strategy: Particulate.
52.1342 Control strategy: Ozone.

                           Subpart BB_Montana

52.1370 Identification of plan.
52.1371 Classification of regions.
52.1372 Approval status.
52.1373 Control strategy: Carbon monoxide.
52.1374 Control strategy: Particulate matter.
52.1375 Control strategy: Lead.
52.1376 Extensions.
52.1377 [Reserved]
52.1378 General requirements.
52.1379 Legal authority.
52.1380-52.1381 [Reserved]
52.1382 Prevention of significant deterioration of air quality.
52.1384 Emission control regulations.
52.1385-52.1386 Source surveillance.
52.1387 Visibility protection.
52.1388 Stack height regulations.
52.1389 [Reserved]
52.1390 Missoula variance provision.
52.1391 Emission inventories.
52.1392 Federal Implementation Plan for the Billings/Laurel Area.
52.1393 Interstate Transport Declaration for the 1997 8-hour ozone and 
          PM2.5 NAAQS.

[[Page 7]]

52.1394 Section 110(a)(2) infrastructure requirements.
52.1395 Smoke management plan.
52.1396 Federal implementation plan for regional haze.

                           Subpart CC_Nebraska

52.1420 Identification of plan.
52.1421 Classification of regions.
52.1422 Approval status.
52.1423 PM10 State implementation plan development in group 
          II areas.
52.1424 Operating permits.
52.1425 Compliance schedules.
52.1426 Original identification of plan section.
52.1427 Operating permits.
52.1428 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1429 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.1430-52.1435 [Reserved]
52.1436 Significant deterioration of air quality.
52.1437 Visibility protection.

                            Subpart DD_Nevada

52.1470 Identification of plan.
52.1471 Classification of regions.
52.1472 Approval status.
52.1473 General requirements.
52.1474 Part D conditional approval.
52.1475 Control strategy and regulations: Sulfur oxides.
52.1476 Control strategy: Particulate matter.
52.1477 Nevada air pollution emergency plan.
52.1478 Extensions.
52.1479 Source surveillance.
52.1480-52.1481 [Reserved]
52.1482 Compliance schedules.
52.1483 Malfunction regulations.
52.1484 [Reserved]
52.1485 Significant deterioration of air quality.
52.1486 Control strategy: Hydrocarbons and ozone.
52.1487 Public hearings.
52.1488 Visibility protection.
52.1489 Particulate matter (PM-10) Group II SIP commitments.
52.1490 Original identification of plan.
52.1491 Interstate transport.

                        Subpart EE_New Hampshire

52.1519 Identification of plan--conditional approval.
52.1520 Identification of plan.
52.1521 Classification of regions.
52.1522 Approval status.
52.1523 Attainment dates for national standards.
52.1524 Compliance schedules.
52.1525 EPA-approved New Hampshire state regulations.
52.1526 [Reserved]
52.1527 Rules and regulations.
52.1528 Control strategy: Carbon monoxide.
52.1529 Significant deterioration of air quality.
52.1530 Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.1531 Visibility protection.
52.1532 Stack height review.
52.1533 Emission inventories.
52.1534 Control strategy: Ozone.
52.1535 Original identification of plan section.

                          Subpart FF_New Jersey

52.1570 Identification of plan.
52.1571 Classification of regions.
52.1572 Extensions.
52.1573 Approval status.
52.1574 General requirements.
52.1575 Legal authority.
52.1576 Determinations of attainment.
52.1577 Compliance schedules.
52.1578 Review of new sources and modifications.
52.1579 Intergovernmental cooperation.
52.1580 Conditional approval.
52.1581 Control strategy: carbon monoxide.
52.1582 Control strategy and regulations: Ozone.
52.1583 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1584 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1585 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.1586 Section 110(a)(2) infrastructure requirements.
52.1587-52.1600 [Reserved]
52.1601 Control strategy and regulations: Sulfur oxides.
52.1602 Control strategy and regulations: PM2.5.
52.1603 Significant deterioration of air quality.
52.1604 Control strategy and regulations: Total suspended particulates.
52.1605 EPA-approved New Jersey regulations.
52.1606 Visibility protection.
52.1607 Small business technical and environmental compliance assistance 
          program.

                          Subpart GG_New Mexico

52.1620 Identification of plan.

[[Page 8]]

52.1621 Classification of regions.
52.1622 Approval status.
52.1623 Conditional approval.
52.1624-52.1626 [Reserved]
52.1627 Control strategy and regulations: Carbon monoxide.
52.1628 Interstate pollutant transport and regional haze provisions; 
          what are the FIP requirements for San Juan Generating Station 
          emissions affecting visibility?
52.1629 Visibility protection.
52.1630-52.1633 [Reserved]
52.1634 Significant deterioration of air quality.
52.1635 Rules and regulations.
52.1636 [Reserved]
52.1637 Particulate Matter (PM10) Group II SIP commitments.
52.1638 Bernalillo County particulate matter (PM10) Group II 
          SIP commitments.
52.1639 Prevention of air pollution emergency episodes.
52.1640 Original identification of plan section.

                           Subpart HH_New York

52.1670 Identification of plan.
52.1671 Classification of regions.
52.1672 Extensions.
52.1673 Approval status.
52.1674 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1675 Control strategy and regulations: Sulfur oxides.
52.1676 Control strategy: Nitrogen dioxide.
52.1677 Compliance schedules.
52.1678 Control strategy and regulations: Particulate matter.
52.1679 Determinations of attainment.
52.1680 Control strategy: Monitoring and reporting.
52.1681 Control strategy: Lead.
52.1682 Control strategy: Carbon monoxide.
52.1683 Control strategy: Ozone.
52.1685 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.1686 Federal Implementation Plan for Regional Haze.
52.1687-52.1688 [Reserved]
52.1689 Identification of plans.
52.1690 Small business technical and environmental compliance assistance 
          program.

                        Subpart II_North Carolina

52.1770 Identification of plan.
52.1771 Classification of regions.
52.1772 Approval status.
52.1773 Conditional approval.
52.1774 [Reserved]
52.1775 Rules and regulations.
52.1776 Visibility protection.
52.1777 [Reserved]
52.1778 Significant deterioration of air quality.
52.1779 Control strategy: Ozone.
52.1780 VOC rule deficiency correction.
52.1781 Control strategy: Sulfur oxides and particulate matter.
52.1783 Original identification of plan section.
52.1784 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1785 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?

                         Subpart JJ_North Dakota

52.1820 Identification of plan.
52.1821 Classification of regions.
52.1822 Approval status.
52.1823 [Reserved]
52.1824 Review of new sources and modifications.
52.1825 Federal implementation plan for regional haze.
52.1826-52.1828 [Reserved]
52.1829 Prevention of significant deterioration of air quality.
52.1831 Visibility protection.
52.1832 Stack height regulations.
52.1833 Section 110(a)(2) infrastructure requirements.
52.1834 Minor source permit to operate program.
52.1835 Change to approved plan.
52.1836 Change to approved plan.
52.1837 Original identification of plan section.

                             Subpart KK_Ohio

52.1870 Identification of plan.
52.1871 Classification of regions.
52.1872 [Reserved]
52.1873 Approval status.
52.1874 [Reserved]
52.1875 Attainment dates for achieving the sulfur dioxide secondary 
          standard.
52.1876 Control strategy: Nitrogen dioxide.
52.1877 Control strategy: Photochemical oxidants (hydrocarbons).
52.1878 [Reserved]
52.1879 Review of new sources and modifications.
52.1880 Control strategy: Particulate matter.
52.1881 Control strategy: Sulfur oxides (sulfur dioxide).
52.1882 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1883 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?

[[Page 9]]

52.1884 Significant deterioration of air quality.
52.1885 Control strategy: Ozone.
52.1886 Visibility protection.
52.1887 Control strategy: Carbon monoxide.
52.1888 Operating permits.
52.1889 Small business stationary source technical and environmental 
          compliance assistance program.
52.1890 Removed control measures.
52.1891 Section 110(a)(2) infrastructure requirements.
52.1892 Determination of attainment.
52.1919 Identification of plan-conditional approval.

                           Subpart LL_Oklahoma

52.1920 Identification of plan.
52.1921 Classification of regions.
52.1922 Approval status.
52.1923 Best Available Retrofit Requirements (BART) for SO2 
          and Interstate pollutant transport provisions; What are the 
          FIP requirements for Units 4 and 5 of the Oklahoma Gas and 
          Electric Muskogee plant; Units 1 and 2 of the Oklahoma Gas and 
          Electric Sooner plant; and Units 3 and 4 of the American 
          Electric Power/Public Service Company of Oklahoma Northeastern 
          plant affecting visibility?
52.1924-52.1927 [Reserved]
52.1928 Visibility protection.
52.1929 Significant deterioration of air quality.
52.1930 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1931 Petroleum storage tank controls.
52.1932-52.1933 [Reserved]
52.1934 Prevention of air pollution emergency episodes.
52.1935 Small business assistance program.
52.1960 Original Identification of plan section.

                            Subpart MM_Oregon

52.1970 Identification of plan.
52.1971 Classification of regions.
52.1972 Approval status.
52.1973 Approval of plans.
52.1974-52.1976 [Reserved]
52.1977 Content of approved State submitted implementation plan.
52.1978-52.1981 [Reserved]
52.1982 Control strategy: Ozone.
52.1983-52.1986 [Reserved]
52.1987 Significant deterioration of air quality.
52.1988 Air contaminant discharge permits.
52.1989 Interstate Transport for the 1997 8-hour ozone NAAQS and 1997 
          PM2.5 NAAQS.
52.1990 Interstate Transport for the 2006 24-hour PM2.5 
          NAAQS.
52.1991 Section 110(a)(2) infrastructure requirements.
52.1992-1219 [Reserved]



                             Subpart U_Maine



Sec. 52.1019  Identification of plan--conditional approval.

    (a) 1997 PM2.5 NAAQS: The SIP submitted September 10, 
2008, with a supplement submitted on June 1, 2011, is conditionally 
approved for Clean Air Act (CAA) elements 110(a)(2)(A), (C) only as it 
relates to the PSD program, (D)(i)(II) only as it relates to the PSD 
program, (D)(ii), (E)(ii), and (J) only as it relates to the PSD 
program. This conditional approval is contingent upon Maine taking 
actions to meet requirements of these elements within one year of 
conditional approval, as committed to in letters from the state to EPA 
Region 1 dated June 13, 2012, and June 30, 2012.
    (b) 2006 PM2.5 NAAQS: The SIP submitted July 27, 2009, 
with a supplement submitted on June 1, 2011, is conditionally approved 
for CAA elements 110(a)(2)(A), (C) only as it relates to the PSD 
program, (D)(i)(II) only as it relates to the PSD program, (D)(ii), 
(E)(ii), and (J) only as it relates to the PSD program. This conditional 
approval is contingent upon Maine taking actions to meet requirements of 
these elements within one year of conditional approval, as committed to 
in letters from the state to EPA Region 1 dated June 13, 2012, and June 
30, 2012.

[77 FR 63232, Oct. 16, 2012]



Sec. 52.1020  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for Maine under section 110 of the Clean Air Act, 42 
U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality 
standards or other requirements under the Clean Air Act.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to September 
1, 2008, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as submitted by the state to EPA, and

[[Page 10]]

notice of any change in the material will be published in the Federal 
Register. Entries for paragraphs (c) and (d) of this section with EPA 
approval dates after September 1, 2008, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 1 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the State 
Implementation Plan as of September 1, 2008.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, New England Regional 
Office, 5 Post Office Square--Suite 100, Boston, MA 02109-3912; Air and 
Radiation Docket and Information Center, EPA West Building, 1301 
Constitution Ave., NW., Washington, DC 20460; and the National Archives 
and Records Administration (NARA). If you wish to obtain materials from 
a docket in the EPA Headquarters Library, please call the Office of Air 
and Radiation (OAR) Docket/Telephone number (202) 566-1742. For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (c) EPA approved regulations.

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

[[Page 11]]

 
Chapter 115.....................  Emission License           06/22/1994  02/14/1996, 61 FR
                                   Regulation.                            5690.
Chapter 116.....................  Prohibited Dispersion      10/25/1989  03/23/1993, 58 FR
                                   Techniques.                            15422.
Chapter 117.....................  Source Surveillance.....   08/09/1988  03/21/1989, 54 FR
                                                                          11524.
Chapter 118.....................  Gasoline Dispensing        07/19/1995  10/15/1996, 61 FR
                                   Facilities.                            53636.
Chapter 119.....................  Motor Vehicle Fuel         06/01/2000  03/06/2002, 67 FR    Controls fuel
                                   Volatility Limit.                      10099.               volatility in the
                                                                                               state. 7.8 psi
                                                                                               RVP fuel required
                                                                                               in 7 southern
                                                                                               counties.
Chapter 120.....................  Gasoline Tank Trucks....   06/22/1994  06/29/1995, 60 FR
                                                                          33730.
Chapter 123.....................  Control of Volatile        05/18/2010  05/22/2012, 77 FR
                                   Organic Compounds from                 30216..
                                   Paper, Film, and Foil
                                   Coating Operations.
Chapter 126.....................  Capture Efficiency Test    05/22/1991  03/22/1993, 58 FR
                                   Procedures.                            15281.
Chapter 126 Appendix A..........  Capture Efficiency Test    05/22/1991  03/22/1993, 58 FR    Appendix.
                                   Procedures.                            15281.
Chapter 127 and Appendix A......  New Motor Vehicle          12/31/2000  04/28/2005, 70 FR    Including Appendix
                                   Emission Standards.                    21959.               A. Low emission
                                                                                               vehicle program,
                                                                                               with no ZEV
                                                                                               requirements.
                                                                                               Program achieves
                                                                                               90% of full LEV
                                                                                               benefits. Chapter
                                                                                               127 Basis
                                                                                               Statement
                                                                                               included in the
                                                                                               nonregulatory
                                                                                               material.
Chapter 129.....................  Surface Coating            04/16/2011  05/22/2012, 77 FR
                                   Facilities.                            30216..
Chapter 129 Appendix A..........  Surface Coating            01/06/1993  06/17/1994, 59 FR    Appendix.
                                   Facilities.                            31154.
Chapter 130.....................  Solvent Cleaners........   06/17/2004  05/26/2005, 70 FR
                                                                          30367.
Chapter 131.....................  Cutback Asphalt and        09/15/2009  05/22/2012, 77 FR
                                   Emulsified Asphalt.                    30216..
Chapter 132.....................  Graphic Arts:              01/06/1993  06/17/1994, 59 FR
                                   Rotogravure and                        31154.
                                   Flexography.
Chapter 132 Appendix A..........  Graphic Arts:              01/06/1993  06/17/1994, 59 FR    Appendix.
                                   Rotogravure and                        31154.
                                   Flexography.
Chapter 133.....................  Gasoline Bulk Plants....   06/22/1994  06/29/1995, 60 FR
                                                                          33730.
Chapter 134.....................  Reasonably Available       02/08/1995  04/18/2000, 65 FR    Regulations fully
                                   Control Technology for                 20749.               approved for the
                                   Facilities that Emit                                        following
                                   Volatile Organic                                            counties: York,
                                   Compounds.                                                  Sagadahoc,
                                                                                               Cumberland,
                                                                                               Androscoggin,
                                                                                               Kennebec, Knox,
                                                                                               Lincoln, Hancock,
                                                                                               Waldo, Aroostock,
                                                                                               Franklin, Oxford,
                                                                                               and Piscataquis.
                                                                                               Regulation
                                                                                               granted a limited
                                                                                               approval for
                                                                                               Washington,
                                                                                               Somerset, and
                                                                                               Penobscot
                                                                                               Counties.
Chapter 137.....................  Emission Statements.....   07/06/2004  11/21/2007, 72 FR    Revised to
                                                                          65462.               incorporate
                                                                                               changes required
                                                                                               by EPA's
                                                                                               consolidated
                                                                                               emissions
                                                                                               reporting rule.
                                                                                               The entire rule
                                                                                               is approved with
                                                                                               the exception of
                                                                                               HAP and
                                                                                               greenhouse gas
                                                                                               reporting
                                                                                               requirements
                                                                                               which were not
                                                                                               included in the
                                                                                               State's SIP
                                                                                               revision request.

[[Page 12]]

 
Chapter 138.....................  Reasonably Available       08/03/1994  09/09/2002, 67 FR    Affects sources in
                                   Control Technology for                 57148.               York, Cumberland,
                                   Facilities that Emit                                        Sagadahoc,
                                   Nitrogen Oxides.                                            Androscoggin,
                                                                                               Kennebec,
                                                                                               Lincoln, and Knox
                                                                                               counties.
Chapter 139.....................  Transportation             09/19/2007  02/08/2008, 73 FR
                                   Conformity.                            7465.
Chapter 141.....................  Conformity of General      04/19/2007  02/20/2008, 73 FR
                                   Federal Actions.                       9203.
Chapter 145.....................  NOX Control Program.....   06/21/2001  03/10/2005, 70 FR
                                                                          11879.
Chapter 148.....................  Emissions from Smaller-    07/15/2004  05/26/2005, 70 FR
                                   Scale Electric                         30373.
                                   Generating Resources.
Chapter 150.....................  Control of Emissions        4/11/2010  4/24/2012, 77 FR
                                   from Outdoor Wood                      24385.
                                   Boilers.
Chapter 151.....................  Architectural and          10/06/2005  03/17/2006, 71 FR
                                   Industrial Maintenance                 13767.
                                   (AIM) Coatings.
Chapter 152.....................  Control of Volatile        12/15/2007  05/22/2012, 77 FR
                                   Organic Compounds from                 30216..
                                   Consumer Products.
Chapter 153.....................  Mobile Equipment Repair    02/05/2004  05/26/2005, 70 FR
                                   and Refinishing.                       30367.
Chapter 155.....................  Portable Fuel Container    07/14/2004  02/07/2005, 70 FR    With the exception
                                   Spillage Control.                      6352.                of the word
                                                                                               ``or'' in
                                                                                               Subsection 7C
                                                                                               which Maine did
                                                                                               not submit as
                                                                                               part of the SIP
                                                                                               revision.
Chapter 161.....................  Graphic Arts--Offset       04/06/2010  05/22/2012, 77 FR
                                   Lithography and                        30216..
                                   Letterpress Printing.
Vehicle I/M.....................  Vehicle Inspection and     07/09/1998  01/10/2001, 66 FR    ``Maine Motor
                                   Maintenance.                           1871.                Vehicle
                                                                                               Inspection
                                                                                               Manual,'' revised
                                                                                               in 1998, pages 1-
                                                                                               12 through 1-14,
                                                                                               and page 2-14,
                                                                                               D.1.g.
Vehicle I/M.....................  Vehicle Inspection and     07/09/1998  01/10/2001, 66 FR    Maine Motor
                                   Maintenance.                           1871.                Vehicle
                                                                                               Inspection and
                                                                                               Maintenance
                                                                                               authorizing
                                                                                               legislation
                                                                                               effective July 9,
                                                                                               1998 and entitled
                                                                                               L.D. 2223, ``An
                                                                                               Act to Reduce Air
                                                                                               Pollution from
                                                                                               Motor Vehicles
                                                                                               and to Meet
                                                                                               Requirements of
                                                                                               the Federal Clean
                                                                                               Air Act.''
38 MRSA Sec. 603-A sub Sec. ``An Act To Improve         9/12/2009  4/24/2012, 77 FR     Only approving
 2(A).                             Maine's Air Quality and                24385.               Sec. 1. 38 MRSA
                                   Reduce Regional Haze at                                     Sec. 603-A, sub-
                                   Acadia National Park                                        Sec. 2, (2)
                                   and Other Federally                                         Prohibitions.
                                   Designated Class I
                                   Areas''.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determing the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (d) EPA-approved State Source specific requirements.

                                 EPA-Approved Maine Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                                State
           Name of source                 Permit number       effective    EPA approval        Explanations
                                                                 date        date \2\
----------------------------------------------------------------------------------------------------------------
Central Maine Power, W.F. Wyman      Department Finding of    01/01/1977  01/08/1982, 47
 Station, Cousins Island, Yarmouth,   Fact and Order Air                          FR 947
 Maine.                               Emission License.
Lincoln Pulp and Paper Company,      Air Emission License     03/09/1983  05/01/1985, 50
 Kraft Pulp Mill, (Lincoln, Maine).   Renewal; and New                          FR 18483
                                      License for No. 6
                                      Boiler.

[[Page 13]]

 
JJ Nissen Baking Company,            Air Emission License A-  02/27/1997  04/18/2000, 65  VOC RACT Determination
 Cumberland County, Portland Maine.   440-74-C-A.                               FR 20749   issued by Maine
                                                                                           Department of
                                                                                           Environmental
                                                                                           Protection (ME DEP)
                                                                                           on February 25, 1997.
Prime Tanning Company, York County,  Air Emission License     03/23/1997  04/18/2000, 65  VOC RACT Determination
 Berwick, Maine.                      Amendment 5                      FR 20749   issued by ME DEP on
                                      A-376-72-E-A.                                        July 23, 1997.
Prime Tanning Company, York County,  Air Emission License     10/28/1997  04/18/2000, 65  VOC RACT Determination
 Berwick, Maine.                      Amendment 6                      FR 20749   issued by ME DEP on
                                      A-376-72-F-M.                                        October 27, 1997.
Portsmouth Naval Shipyard, York      Air Emission License     07/25/1997  04/18/2000, 65  VOC RACT Determination
 County, Kittery, Maine.              Amendment 4                      FR 20749   issued by ME DEP on
                                      A-452-71-F-M.                                        July 25, 1997.
Dexter Shoe Company, Penobscot       Air Emission License A-  12/05/1996  04/18/2000, 65  VOC RACT Determination
 County, Dexter, Maine.               175-72-H-A/R.                             FR 20749   issued by ME DEP on
                                                                                           December 5, 1996.
Dexter Shoe Company, Penobscot       Air Emission License     10/22/1997  04/18/2000, 65  VOC RACT Determination
 County, Dexter, Maine.               Amendment 1                      FR 20749   issued by ME DEP on
                                      A-175-71-I-M.                                        October 20, 1997.
Pioneer Plastics Corporation,        Air Emission License     06/16/1997  04/18/2000, 65  VOC RACT Determination
 Androscoggin County, Auburn, Maine.  Amendment 3                      FR 20749   issued by ME DEP on
                                      A-448-71-P-A.                                        June 16, 1997.
Georgia Pacific Corporation,         Air Emission License     01/05/1996  04/18/2000, 65  VOC RACT Determination
 Washington County, Woodland, Maine.  Minor Revision/                           FR 20749   issued by ME DEP on
                                      Amendment 10                                January 4, 1996.
                                      A-215-71-T-M.
Champion International Corporation,  Air Emission License     01/19/1996  04/18/2000, 65  VOC RACT Determination
 Hancock County, Bucksport, Maine.    Amendment 5                      FR 20749   issued by ME DEP on
                                      A-22-71-K-A.                                         January 18, 1996.
International Paper Company,         Air Emission License     10/04/1995  04/18/2000, 65  VOC RACT Determination
 Franklin County, Jay, Maine.         Amendment 8                      FR 20749   issued by ME DEP on
                                      A-203-71-R-A.                                        October 4, 1995.
International Paper Company,         Air Emission License     12/13/1995  04/18/2000, 65  VOC RACT Determination
 Franklin County, Jay, Maine.         Amendment 9                      FR 20749   issued by ME DEP on
                                      A-203-71-S-M.                                        December 13, 1995.
James River Corporation, Penobscot   Air Emission License     12/11/1995  04/18/2000, 65  VOC RACT Determination
 County, Old Town, Maine.             Minor Revision/                           FR 20749   issued by ME DEP on
                                      Amendment 6                                 December 8, 1995.
                                      A-180-71-R-M.
Lincoln Pulp and Paper Company,      Air Emission License     12/19/1995  04/18/2000, 65  VOC RACT Determination
 Penobscot County, Lincoln, Maine.    Amendment 8                      FR 20749   issued by ME DEP on
                                      A-177-71-J-M.                                        December 18, 1995.
S.D. Warren Paper Company,           Air Emission License     12/19/1995  04/18/2000, 65  VOC RACT Determination
 Cumberland County, Westbrook,        Minor Revision/                           FR 20749   issued by ME DEP on
 Maine.                               Amendment 14                                December 18, 1995.
                                      A-29-71-Z-M.
S.D. Warren Paper Company, Somerset  Air Emission License     10/04/1995  04/18/2000, 65  VOC RACT Determination
 County, Skowhegan, Maine.            Amendment 14                     FR 20749   issued by ME DEP on
                                      A-19-71-W-M.                                         October 4, 1995.
S.D. Warren Paper Company, Somerset  Air Emission License     01/10/1996  04/18/2000, 65  VOC RACT Determination
 County, Skowhegan, Maine.            Amendment 15                     FR 20749   issued by ME DEP on
                                      A-19-71-Y-M.                                         January 9, 1996.
Boise Cascade Corporation, Oxford    Air Emission License     12/21/1995  04/18/2000, 65  VOC RACT Determination
 County, Rumford, Maine.              Amendment 11                     FR 20749   issued by ME DEP on
                                      A-214-71-X-A.                                        December 20, 1995.
Bath Iron Works Corporation,         Departmental Finding     04/11/2001  05/20/2002, 67  VOC RACT determination
 Sagadahoc County, Bath, Maine.       of Fact and Order Air                     FR 35439   for Bath Iron Works.
                                      Emission License
                                      Amendment 10
                                      A-333-71-M-M.
United Technologies Pratt &          Departmental Finding     04/26/2001  05/20/2002, 67  VOC RACT determination
 Whitney, York County, North          of Fact and Order Air                     FR 35439   for Pratt & Whitney.
 Berwick, Maine.                      Emission License
                                      Amendment 6
                                      A-453-71-N-M.
United Technologies Pratt &          Departmental Finding     07/02/2001  05/20/2002, 67  VOC RACT determination
 Whitney, York County, North          of Fact and Order Air                     FR 35439   for Pratt & Whitney.
 Berwick, Maine.                      Emission License
                                      Amendment 7
                                      A-453-71-O-M.
Moosehead Manufacturing Company,     Departmental Finding     05/10/2001  05/20/2002, 67  VOC RACT determination
 Piscataquis County, Dover-           of Fact and Order Air                     FR 35439   for Moosehead
 Foxcroft, Maine.                     Emission License                                     Manufacturing's Dover-
                                      Amendment 2                                 Foxcroft plant.
                                      A-338-71-F-M.

[[Page 14]]

 
Moosehead Manufacturing Company,     Departmental Finding     05/10/2001  05/20/2002, 67  VOC RACT determination
 Piscataquis County, Monson, Maine.   of Fact and Order Air                     FR 35439   for Moosehead
                                      Emission License                                     Manufacturing's
                                      Amendment 2                                 Monson plant.
                                      A-339-71-F-M.
Central Maine Power Company, W.F.    Departmental Finding     05/18/1995  09/09/2002, 67  Case-specific NOX
 Wyman Station, Cumberland County,    of Fact and Order Air                     FR 57148   RACT. Air emission
 Yarmouth, Maine.                     Emission License                                     license A-388-71-C-A,
                                      Amendment 1                                 Amendment 1,
                                      A-388-71-C-A.                                        condition (q) for FPL
                                                                                           Energy's (formerly
                                                                                           Central Maine Power)
                                                                                           W.F. Wyman Station.
Central Maine Power Company, W.F.    Departmental Finding     02/16/1996  09/09/2002, 67  Case-specific NOX
 Wyman Station, Cumberland County,    of Fact and Order Air                     FR 57148   RACT. Air emission
 Yarmouth, Maine.                     Emission License                                     license A-388-71-D-M,
                                      Amendment 1                                 amendment 1,
                                      A-388-71-D-M.                                        conditions 19 and 23
                                                                                           for FPL Energy's
                                                                                           (formerly Central
                                                                                           Maine Power) W.F.
                                                                                           Wyman Station.
Tree Free Fiber Company, LLC,        Departmental Finding     06/12/1996  09/09/2002, 67  Case-specific NOX
 Kennebec County, Augusta, Maine.     of Fact and Order Air                     FR 57148   RACT. Air emission
                                      Emission License                                     license A-195-71-G-M,
                                      Amendment 1                                 Amendment 1,
                                      A-195-71-G-M.                                        for Tree Free Fiber
                                                                                           Company, LLC,
                                                                                           (formerly Statler
                                                                                           Industries Inc.).
Tree Free Fiber Company, LLC,        Departmental Finding     06/16/1995  09/09/2002, 67  Case-specific NOX
 Kennebec County, Augusta, Maine.     of Fact and Order Air                     FR 57148   RACT. Air emission
                                      Emission License                                     license A-195-71-D-A/
                                      Amendment 1                                 R, section (II)(D),
                                      A-195-71-D-A/R.                                      paragraphs (II)(F)(1)
                                                                                           and (3), and
                                                                                           conditions 12(A),
                                                                                           12(C), (13), (14) and
                                                                                           (15) for Tree Free
                                                                                           Fiber Company, LLC,
                                                                                           (formerly Statler
                                                                                           Industries Inc.).
Pioneer Plastics Corporation,        Departmental Finding     08/23/1995  09/09/2002, 67  Case-specific NOX
 Androscoggin County, Auburn, Maine.  of Fact and Order Air                     FR 57148   RACT. Air emission
                                      Emission License A-                                  license A-448-72-K-A/
                                      448-72-K-A/R.                                        R, paragraphs
                                                                                           (II)(D)(2),
                                                                                           (II)(D)(3) and
                                                                                           conditions (13)(f)
                                                                                           and 14(k) for Pioneer
                                                                                           Plastics Corporation.
Pioneer Plastics Corporation,        Departmental Finding     03/10/1997  09/09/2002, 67  Case-specific NOX
 Androscoggin County, Auburn, Maine.  of Fact and Order Air                     FR 57148   RACT. Air emission
                                      Emission License                                     license A-448-71-O-M,
                                      Amendment 2                                 Amendment 2,
                                      A-448-71-O-M.                                        condition (14)(k),
                                                                                           for Pioneer Plastics
                                                                                           Corporation.
Scott Paper Company, Kennebec        Departmental Finding     11/15/1995  09/09/2002, 67  Case-specific NOX
 County, Winslow, Maine.              of Fact and Order Air                     FR 57148   RACT. Air emission
                                      Emission License                                     license A-188-72-E-A,
                                      Amendment 2                                 Amendment 2,
                                      A-188-72-E-A.                                        conditions 8,
                                                                                           paragraph 1, and 9,
                                                                                           paragraphs 1, 2 and
                                                                                           4, for Scott Paper
                                                                                           Company.
The Chinet Company, Kennebec         Departmental Finding     01/18/1996  09/09/2002, 67  Case-specific NOX
 County, Waterville, Maine.           of Fact and Order Air                     FR 57148   RACT. Air emission
                                      Emission License A-                                  license A-416-72-B-A,
                                      416-72-B-A.                                          conditions (l) 1, 2,
                                                                                           3a, 3b, 3c, 3e, and
                                                                                           (m) for The Chinet
                                                                                           Company.
FMC Corporation-Food Ingredients     Departmental Finding     02/07/1996  09/09/2002, 67  Case-specific NOX
 Division, Knox County, Rockland,     of Fact and Order Air                     FR 57148   RACT. Air emission
 Maine.                               Emission License                                     license A-366-72-H-A,
                                      Amendment 5                                 Amendment 5,
                                      A-366-72-H-A.                                        conditions 3, 4, 5,
                                                                                           7, 9, 11, 12, 15, 16,
                                                                                           and 18 for FMC
                                                                                           Corporation-Food
                                                                                           Ingredients Division.
Dragon Products Company, Inc., Knox  Departmental Finding     06/05/1996  09/09/2002, 67  Case-specific NOX
 County, Thomaston, Maine.            of Fact and Order Air                     FR 57148   RACT.
                                      Emission License
                                      Amendment 5
                                      A-326-72-N-A.

[[Page 15]]

 
Dragon Products Company, Inc., Knox  Departmental Finding     03/05/1997  09/09/2002, 67  Case-specific NOX
 County, Thomaston, Maine.            of Fact and Order Air                     FR 57148   RACT.
                                      Emission License
                                      Amendment 7
                                      A-326-71-P-M.
S.D. Warren Paper Company,           Departmental Finding     06/12/1996  09/09/2002, 67  Case-specific NOX
 Cumberland County, Westbrook,        of Fact and Order Air                     FR 57148   RACT. Air emission
 Maine.                               Emission License                                     license A-29-71-Y-A,
                                      Amendment 13                                Amendment 13, conditions
                                                                                           (k)2, (k)3, (q)8 and
                                                                                           (p) for S.D. Warren
                                                                                           Company.
Mid-Maine Waste Action Corporation,  Departmental Finding     10/16/1996  09/09/2002, 67  Case-specific NOX
 Androscoggin County, Auburn, Maine.  of Fact and Order Air                     FR 57148   RACT.
                                      Emission License
                                      Amendment 2
                                      A-378-72-E-A.
Portsmouth Naval Shipyard, York      Departmental Finding     10/21/1996  09/09/2002, 67  Case-specific NOX
 County, Kittery, Maine.              of Fact and Order Air                     FR 57148   RACT. Air emission
                                      Emission License                                     license A-452-71-D-A,
                                      Amendment 2                                 Amendment 2,
                                      A-452-71-D-A.                                        conditions 3, 4, 5,
                                                                                           7, 9, 11, 16, 17, 18,
                                                                                           19, and 20 for
                                                                                           Portsmouth Naval
                                                                                           Shipyard.
Portsmouth Naval Shipyard, York      Departmental Finding     07/25/1997  09/09/2002, 67  Case-specific NOX
 County, Kittery, Maine.              of Fact and Order Air                     FR 57148   RACT. Air emission
                                      Emission License                                     license A-452-71-F-M,
                                      Amendment 4                                 Amendment 4,
                                      A-452-71-F-M.                                        condition 4 for
                                                                                           Portsmouth Naval
                                                                                           Shipyard.
Maine Energy Recovery Company, York  Departmental Finding     11/12/1996  09/09/2002, 67  Case-specific NOX
 County, Biddeford, Maine.            of Fact and Order Air                     FR 57148   RACT.
                                      Emission License
                                      Amendment 4
                                      A-46-71-L-A.
Katahdin Paper Company.............  A-406-77-3-M..........     7/8/2009   4/24/2012, 77  Approving license
                                                                                FR 24385   conditions (16) A, B,
                                                                                           G, and H.
Rumford Paper Company..............  A-214-77-9-M..........     1/8/2010   4/24/2012, 77
                                                                                FR 24385
Verso Bucksport, LLC...............  A-22-77-5-M...........    11/2/2010   4/24/2012, 77
                                                                                FR 24385
Woodland Pulp, LLC.................  A-214-77-2-M..........    11/2/2010   4/24/2012, 77
                                                                                FR 24385
FPL Energy Wyman, LLC & Wyman IV,    A-388-77-2-M..........    11/2/2010   4/24/2012, 77
 LLC.                                                                           FR 24385
S. D. Warren Company...............  A-19-77-5-M...........    11/2/2010   4/24/2012, 77
                                                                                FR 24385
Verso Androscoggin, LLC............  A-203-77-11-M.........    11/2/2010   4/24/2012, 77
                                                                                FR 24385
Red Shield Environmental, LLC......  A-180-77-1-A..........   11/29/2007   4/24/2012, 77
                                                                                FR 24385
McCain Foods USA, Inc., Tatermeal    Amendment 2     03/19/2003  05/22/2012, 77
 Facility.                            of Air Emission                          FR 30216.
                                      License A-459-72-B-R.
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (e) Nonregulatory.

                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                                             State
                                        Applicable         submittal
    Name of non regulatory SIP         geographic or         date/       EPA approved date       Explanations
            provision               nonattainment area     effective            \3\
                                                             date
----------------------------------------------------------------------------------------------------------------
Impact of Projected Growth for     Maine's Standard        06/26/1974  04/29/1975, 40 FR
 Next 10 Years on Air Quality for   Metropolitan                        18726.
 Maine Standard Metropolitan        Statistical Areas.
 Statistical Areas.
Incinerator Emission Standard--    Maine...............    05/21/1975  04/10/1978, 43 FR     Revision to
 Regulation Implementation Plan                                         14964.                incinerator
 Change, Findings of Fact and                                                                 particulate
 Order.                                                                                       emission standard
                                                                                              which would exempt
                                                                                              wood waste cone
                                                                                              burners from the
                                                                                              plan until 1980.

[[Page 16]]

 
Incinerator Emission Standard--    Maine...............    09/24/1975  04/10/1978, 43 FR     Revision to
 Regulation and Implementation                                          14964.                incinerator
 Plan Change, Findings of Fact                                                                particulate
 and Order.                                                                                   emission standard
                                                                                              which would exempt
                                                                                              municipal waste
                                                                                              cone burners from
                                                                                              the plan until
                                                                                              1980.
Air Quality Surveillance.........  Maine...............    03/10/1978  03/23/1979, 44 FR     Revision to Chapter
                                                                        17674.                5 of the SIP.
New Sources and Modifications....  Maine...............    03/10/1978  03/23/1979, 44 FR     Revision to Chapter
                                                                        17674.                6 of the SIP.
Review of New Sources and          Maine...............    12/19/1979  01/30/1980, 45 FR     Revision to Chapter
 Modifications.                                                         6784.                 6 of the SIP.
Revisions to State Air             Maine...............    03/28/1979  02/19/1980, 45 FR     Includes Control
 Implementation Plan as Required                                        10766.                Strategies for
 by the Federal Clean Air Act.                                                                Particulates,
                                                                                              Carbon Monoxide,
                                                                                              and ozone.
Plan for Public Involvement in     Maine...............    05/28/1980  09/09/1980, 45 FR     A plan to provide
 Federally Funded Air Pollution                                         59314.                for public
 Control Activities.                                                                          involvement in
                                                                                              federally funded
                                                                                              air pollution
                                                                                              control
                                                                                              activities.
Air Quality Surveillance.........  Maine...............    07/01/1980  01/22/1981, 46 FR     Revision to Chapter
                                                                        6941.                 5 of the SIP.
Attain and Maintain the NAAQS for  Maine...............    11/05/1980  08/27/1981, 46 FR     Control Strategy
 Lead.                                                                  43151.                for Lead. Revision
                                                                                              to Chapter 2.5.
Establishment of Air Quality       Metropolitan            10/30/1975  01/08/1982, 47 FR     Department Findings
 Control Sub-Region.                Portland Air                        947.                  of Fact and Order--
                                    Quality Control                                           Sulfur Dioxide
                                    Region.                                                   Control Strategy.
Sulfur Dioxide Control Strategy--  Portland-Peninsula      10/30/1975  01/08/1982, 47 FR     Department Findings
 Low Sulfur Fuel Regulation.        Air Quality Control                 947.                  of Fact and Order--
                                    Region.                                                   Implementation
                                                                                              Plan Revision.
Letter from the Maine DEP          Maine...............    06/03/1991  02/03/1992, 57 FR
 documenting the December 1990                                          3046..
 survey conducted to satisfy the
 5 percent demonstration
 requirement in order to justify
 the 3500 gallon capacity cut-off
 in Chapter 112.
Withdrawal of Air Emission         Maine...............    10/03/1990  02/03/1992, 57 FR     Department of
 Licenses for: Pioneer Plastics;                                        3046.                 Environmental
 Eastern Fine Paper; and S.D.                                                                 Protection Letter
 Warren, Westbrook.                                                                           dated December 5,
                                                                                              1989, withdrawing
                                                                                              three source-
                                                                                              specific licenses
                                                                                              as of October 3,
                                                                                              1990.
Portions of Chapter 1 entitled     Maine...............    02/08/1984  03/23/1993, 58 FR
 ``Regulations for the Processing                                       15422..
 of Applications''.
Review of New Sources and          Maine...............    11/06/1989  03/23/1993, 58 FR     Revision to Chapter
 Modifications.                                                         15422.                6 of the SIP.
Letter from the Maine DEP          Maine...............    05/01/1989  03/23/1993, 58 FR
 regarding implementation of BACT.                                      15422..
Review of New Sources and          Maine...............    11/02/1990  03/18/1994, 59 FR     Revision to Chapter
 Modifications.                                                         12853.                6 of the SIP.
Joint Memorandum of Understanding  City of Presque         03/11/1991  01/12/1995, 60 FR     Part B of the MOU
 (MOU) Among: City of Presque       Isle, Maine.                        2885.                 which the Maine
 Isle; ME DOT and ME DEP.                                                                     Department of
                                                                                              Environmental
                                                                                              Protection (ME
                                                                                              DEP) entered into
                                                                                              with the City of
                                                                                              Presque Isle, and
                                                                                              the Maine
                                                                                              Department of
                                                                                              Transportation (ME
                                                                                              DOT).
Maine State Implementation Plan    City of Presque         08/14/1991  01/12/1995, 60 FR     An attainment plan
 to Attain the NAAQS for            Isle, Maine.                        2885.                 and demonstration
 Particulate Matter (PM10)                                                                    which outlines
 Presque Isle Maine.                                                                          Maine's control
                                                                                              strategy for
                                                                                              attainment of the
                                                                                              PM10 NAAQS and
                                                                                              implement RACM and
                                                                                              RACT requirements
                                                                                              for Presque Isle.
Memorandum of Understanding        City of Presque         05/25/1994  08/30/1995, 60 FR     Revisions to Part B
 among: City of Presque Isle; ME    Isle, Maine.                        45056.                of the MOU which
 DOT and ME DEP.                                                                              the ME DEP entered
                                                                                              into (and
                                                                                              effective) on May
                                                                                              25, 1994, with the
                                                                                              City of Presque
                                                                                              Isle, and the ME
                                                                                              DOT.

[[Page 17]]

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

[[Page 18]]

 
Correspondence from Maine DEP      Maine...............    06/06/2006  11/21/2007, 72 FR     Correspondence from
 indicating which portions of                                           65462.                David W. Wright of
 Chapter 137 should not be                                                                    the Maine DEP
 incorporated into the State's                                                                indicating which
 SIP.                                                                                         portions of
                                                                                              Chapter 137
                                                                                              Emission
                                                                                              Statements should
                                                                                              not be
                                                                                              incorporated into
                                                                                              the State's SIP.
State of Maine MAPA 1 form for     Maine nonattainment     09/10/2007  02/08/2008, 73 FR     Certification that
 Chapter 139 Transportation         areas, and                          7465.                 the Attorney
 Conformity.                        attainment areas                                          General approved
                                    with a maintenance                                        the Rule as to
                                    plan.                                                     form and legality.
Amendment to Chapter 141           Maine nonattainment     04/19/2007  02/20/2008, 73 FR     Maine Department of
 Conformity of General Federal      areas, and                          9203.                 Environmental
 Actions.                           attainment areas                                          Protection amended
                                    with a maintenance                                        its incorporation-
                                    plan.                                                     by-reference
                                                                                              within Chapter
                                                                                              141.2 to reflect
                                                                                              EPA's revision to
                                                                                              the Federal
                                                                                              General Conformity
                                                                                              Rule for fine
                                                                                              particulate matter
                                                                                              promulgated on
                                                                                              July 17, 2006 (71
                                                                                              FR 40420-40427);
                                                                                              specifically 40
                                                                                              CFR 51.852
                                                                                              Definitions and 40
                                                                                              CFR 51.853
                                                                                              Applicability.
State of Maine MAPA 1 form for     Maine...............    01/03/2003  02/21/2008, 73 FR     Certification that
 Chapter 102 Open Burning                                               9459.                 the Attorney
 Regulation.                                                                                  General approved
                                                                                              the Rule as to
                                                                                              form and legality.
Submittal to meet Clean Air Act    State of Maine......    January 3,  July 8, 2011........  This action
 Section 110(a)(2) Infrastructure                                2008  76 FR 40258.........   addresses the
 Requirements for the 1997 8-Hour                                                             following Clean
 Ozone National Ambient Air                                                                   Air Act
 Quality Standard.                                                                            requirements:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C), (D)(ii), (E),
                                                                                              (F), (G), (H),
                                                                                              (J), (K), (L), and
                                                                                              (M).
Maine Regional Haze SIP and its    Statewide...........     12/9/2010  4/24/2012, 77 FR
 supplements.                                             supplements   24385.
                                                         submitted 9/
                                                         14/2011 11/9/
                                                                 2011
Reasonably Available Control       Statewide...........  Submitted 08/ 05/22/2012, 77 FR
 Technology Demonstration (RACT)                              27/2009   30216..
 for the 1997 8-hour Ozone
 National Ambient Air Quality
 Standard.
Submittal to meet Section          Statewide...........    9/10/2008;  10/16/2012, 77 FR     This submittal is
 110(a)(2) Infrastructure                                  supplement   63228.                approved with
 Requirements for the 1997 PM2.5                         submitted 6/                         respect to the
 NAAQS.                                                        1/2011                         following CAA
                                                                                              elements or
                                                                                              portions thereof:
                                                                                              110(a)(2) (B), (C)
                                                                                              (enforcement
                                                                                              program only),
                                                                                              (D)(i)(I),
                                                                                              (D)(i)(II)
                                                                                              (visibility only),
                                                                                              (E)(i), (E)(iii),
                                                                                              (F), (G), (H), (J)
                                                                                              (consultation and
                                                                                              public
                                                                                              notification
                                                                                              only), (K), (L),
                                                                                              and (M).
Submittal to meet Section          Statewide...........    7/27/2009;  10/16/2012, 77 FR     This submittal is
 110(a)(2) Infrastructure                                  supplement   63228.                approved with
 Requirements for the 2006 PM2.5                         submitted 6/                         respect to the
 NAAQS.                                                        1/2011                         following CAA
                                                                                              elements or
                                                                                              portions thereof:
                                                                                              110(a)(2) (B), (C)
                                                                                              (enforcement
                                                                                              program only),
                                                                                              (D)(i)(I),
                                                                                              (D)(i)(II)
                                                                                              (visibility only),
                                                                                              (E)(i), (E)(iii),
                                                                                              (F), (G), (H), (J)
                                                                                              (consultation and
                                                                                              public
                                                                                              notification
                                                                                              only), (K), (L),
                                                                                              and (M).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[73 FR 56973, Oct. 1, 2008, as amended at 76 FR 40257, July 8, 2011; 76 
FR 49671, Aug. 11, 2011; 77 FR 24390, Apr. 24, 2012; 77 FR 30217, May 
22, 2012; 77 FR 63232, Oct. 16, 2012]



Sec. 52.1021  Classification of regions.

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

[[Page 19]]



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


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



Sec. 52.1022  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Maine's plan, as identified in Sec. 52.1020, for the 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act.
    (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 06-096 1. of 
Chapter 100 of Maine's Bureau of Air Quality Control regulations) and a 
significant net emissions increase (as defined in 06-096, paragraphs 89 
and 144 A of Chapter 100 of Maine's Bureau of Air Quality Control 
regulations) 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 
06-096, paragraphs 143 and 144 D of Chapter 100 of Maine's Bureau of Air 
Quality Control regulations.

[75 FR 82555, Dec. 30, 2010]

[[Page 20]]



Sec. 52.1023  Control strategy: Ozone.

    (a) Determination. EPA is determining that, as of July 21, 1995, the 
Lewiston-Auburn ozone nonattainment area has attained the ozone standard 
and that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act do not apply to the area for so long as 
the area does not monitor any violations of the ozone standard. If a 
violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone 
nonattainment area, these determinations shall no longer apply.
    (b) Determination. EPA is determining that, as of July 21, 1995, the 
Knox and Lincoln Counties ozone nonattainment area has attained the 
ozone standard and that the reasonable further progress and attainment 
demonstration requirements of section 182(b)(1) and related requirements 
of section 172(c)(9) of the Clean Air Act do not apply to the area for 
so long as the area does not monitor any violations of the ozone 
standard. If a violation of the ozone NAAQS is monitored in the Knox and 
Lincoln Counties ozone nonattainment area, these determinations shall no 
longer apply.
    (c) Approval. EPA is approving an exemption request submitted by the 
Maine Department of Environmental Protection on September 7, 1995, for 
the Northern Maine area from the NOX requirements contained 
in Section 182(f) of the Clean Air Act. This approval exempts Oxford, 
Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, 
Hancock and Waldo Counties from the requirements to implement controls 
beyond those approved in Sec. 52.1020(c)(41) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review 
(NSR) for new sources and modifications that are major for 
NOX, and the applicable NOX-related requirements 
of the general and transportation conformity provisions.
    (d) Approval. EPA is approving an exemption request from the 
NOX requirements contained in Section 182(f) of the Clean Air 
Act for northern Maine. The exemption request was submitted by the Maine 
Department of Environmental Protection on March 24, 2005, and 
supplemented on April 19 and June 28, 2005. This approval exempts major 
sources of nitrogen oxides in Aroostook, Franklin, Oxford, Penobscot, 
Piscataquis, Somerset, Washington, and portions of Hancock and Waldo 
Counties from the requirements to implement controls meeting reasonably 
available control technology under the Clean Air Act, and nonattainment 
area new source review (NSR) for new sources and modifications. In Waldo 
County, this area includes only the following towns: Belfast, Belmont, 
Brooks, Burnham, Frankfort, Freedom, Jackson, Knox, Liberty, 
Lincolnville, Monroe, Montville, Morrill, Northport, Palermo, Prospect, 
Searsmont, Searsport, Stockton Springs, Swanville, Thorndike, Troy, 
Unity, Waldo, and Winterport. In Hancock County, this area includes only 
the following towns and townships: Amherst, Aurora, Bucksport, Castine, 
Dedham, Eastbrook, Ellsworth, Franklin, Great Pond, Mariaville, Orland, 
Osborn, Otis, Penobscot, Verona, Waltham, Oqiton Township (T4 ND), T3 
ND, T39 MD, T40 MD, T41 MD, T32 MD, T34 MD, T35 MD, T28 MD, T22 MD, T16 
MD, T8 SD, T9 SD, T10 SD, and T7 SD.
    (e) Approval. EPA is approving a revision to the State 
Implementation Plan submitted by the Maine Department of Environmental 
Protection on June 9 and 13, 2005. The revision is for purposes of 
satisfying the rate of progress requirements of section 182(b)(1) of the 
Clean Air Act for the Portland Maine one-hour ozone nonattainment area.
    (f) Approval. EPA is approving a revision to the State 
Implementation Plan submitted by the Maine Department of Environmental 
Protection on June 9, 13, and 14, 2005. The revision is for purposes of 
satisfying the 5 percent increment of progress requirement of 40 CFR 
51.905(a)(1)(ii)(B) for the Portland Maine eight-hour ozone 
nonattainment area. The revision establishes motor vehicle emissions 
budgets for 2007 of 20.115 tons per summer day (tpsd) of volatile 
organic compound (VOC) and 39.893 tpsd of nitrogen oxide 
(NOX) to be used in transportation conformity in the Portland 
Maine 8-hour ozone nonattainment area.
    (g) Approval. EPA is approving a redesignation request for the 
Portland,

[[Page 21]]

Maine 8-hour ozone nonattainment area. Maine submitted this request on 
August 3, 2006. The request contains the required Clean Air Act Section 
175A maintenance plan. The plan establishes motor vehicle emissions 
budgets for 2016 of 16.659 tons per summer day (tpsd) of volatile 
organic compound and 32.837 tpsd of nitrogen oxide (NOX) to 
be used in transportation conformity determinations in the Portland 
area.
    (h) Approval. EPA is approving a redesignation request for the 
Hancock, Knox, Lincoln and Waldo Counties, Maine 8-hour ozone 
nonattainment area. Maine submitted this request on August 3, 2006. The 
request contains the required Clean Air Act Section 175A maintenance 
plan. The plan establishes motor vehicle emissions budgets for 2016 of 
3.763 tons per summer day (tpsd) of volatile organic compound and 6.245 
tpsd of nitrogen oxide (NOX) to be used in transportation 
conformity determinations in the Hancock, Knox, Lincoln and Waldo 
Counties area.
    (i) Approval: EPA is approving the 110(a)(1) 8-hour ozone 
maintenance plans in the four areas of the state required to have a 
110(a)(1) maintenance plan for the 8-hour ozone National Ambient Air 
Quality Standard. These areas are as follows: portions of York and 
Cumberland Counties; portions of Androscoggin County and all of Kennebec 
County; portions of Knox and Lincoln Counties; and portions of Hancock 
and Waldo Counties. These maintenance plans were submitted to EPA on 
August 3, 2006.

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



Sec. 52.1024  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained.

                              Attainment Dates Established by Clean Air Act of 1990
----------------------------------------------------------------------------------------------------------------
                                                                                 Pollutant
                                                         -------------------------------------------------------
    Air quality control region and nonattainment area             SO2
                                                         --------------------  PM-10     NO2       CO       O3
                                                          Primary  Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 107:
    Androscoggin County.................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Kennebec County.....................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Knox County.........................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Lincoln County......................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Waldo County........................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\d\)
    Oxford Cnty. (Part) See 40 CFR 81.320...............    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\e\)
    Franklin Cnty. (Part) See 40 CFR 81.320.............    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\e\)
    Somerset Cnty. (Part) See 40 CFR 81.320.............    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\e\)
AQCR 108:
    Aroostook Cnty. (Part) See 40 CFR 81.320............    (\a\)     (\b\)     (\c\)    (\a\)    (\a\)    (\a\)
    Remainder of AQCR...................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\a\)
AQCR 109:
    Hancock County......................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\d\)
    Millinocket.........................................    (\e\)     (\e\)     (\a\)    (\a\)    (\a\)    (\a\)
    Remainder of AQCR...................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\a\)
AQCR 110:
    York County.........................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Cumberland County...................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Sagadahoc County....................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Oxford Cnty. (Part) See 40 CFR 81.320...............    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\e\)
AQCR 111................................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)   (\a\)
----------------------------------------------------------------------------------------------------------------
\a\ Air quality levels presently below primary standards or area is unclassifiable.
\b\ Air quality levels presently below secondary standards or area is unclassifiable.
\c\ 12/31/94.
\d\ 11/15/94 (one-year extension granted).
\e\ 11/15/95.
\g\ 11/15/96.


[60 FR 33352, June 28, 1995]

[[Page 22]]



Sec. 52.1025  Control strategy: Particulate matter.

    (a) The revisions to the control strategy resulting from the 
modification to the emission limitations applicable to the sources 
listed below or resulting from the change in the compliance date for 
such sources with the applicable emission limitation is hereby approved. 
All regulations cited are air pollution control regulations of the State 
unless otherwise noted. (See Sec. 52.1023 for compliance schedule 
approvals and disapprovals pertaining to one or more of the sources 
below.)

------------------------------------------------------------------------
                                                  Regulation     Date of
           Source                 Location         involved     adoption
------------------------------------------------------------------------
All sources subject to        Maine..........  100.3.1(b).....   3/29/73
 Regulation 100.3.1(b) with
 a maximum heat input from
 three million up to but not
 including ten million Btu
 per hour.
------------------------------------------------------------------------

    (b) The revision to the incinerator particulate emission standard 
submitted on August 26, 1976 is disapproved because of provisions 
therein which would interfere with the attainment and maintenance of 
national ambient air quality standards.
    (c) The revision to the incinerator particulate emission standard 
submitted on November 18, 1976 is disapproved because of provisions 
therein which would interfere with the attainment and maintenance of 
national ambient air quality standards.
    (d) The revision to the open burning regulation submitted on 
December 7, 1976 is disapproved because of provisions therein which 
would interfere with the attainment and maintenance of national ambient 
air quality standards.

[38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978; 
43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982]



Sec. 52.1026  Review of new sources and modifications.

    The program to review operation and construction of new and modified 
major stationary sources in non-attainment areas is approved as meeting 
the requirements of part D as amended by the CAAA of 1990.

[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]



Sec. 52.1027  Rules and regulations.

    (a) Part D--Conditional Approval.
    (b) Non-Part D--No Action. EPA is neither approving nor disapproving 
the following elements of the revisions identified in Sec. 
52.1020(C)(10):
    (1) Intergovernmental consultation.
    (2) Interstate pollution notification requirements.
    (3) Public notification requirements.
    (4) Conflict of Interest requirements.
    (5) Permit fees.

[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]



Sec. 52.1028  [Reserved]



Sec. 52.1029  Significant deterioration of air quality.

    The program to review operation and construction of new and modified 
major stationary sources in attainment areas is approved as meeting the 
requirements of Part C.

[45 FR 6786, Jan. 30, 1980]



Sec. 52.1030  Control strategy: Sulfur oxides.

    (a) The revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel 
Regulation'' for the Metropolitan Portland Air Quality Control Region, 
submitted by the Governor of Maine on August 25, 1977, is approved with 
the exception of paragraph 100.6.5(b) which allows the Commissioner of 
the Department of Environmental Protection to grant variances to 
Regulation 100.6.

[47 FR 948, Jan. 8, 1982]



Sec. 52.1031  EPA-approved Maine regulations.

    The following table identifies the State regulations which have been 
submitted to and approved by EPA as revisions to the Maine State 
Implementation Plan. This table is for informational purposes only and 
does not have any independent regulatory effect. To determine regulatory 
requirements for a specific situation consult the plan identified in 
Sec. 52.1020. To the extent

[[Page 23]]

that this table conflicts with Sec. Sec. 52.1020, 52.1020 governs.

                                Table 52.1031--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
                                  Date        Date
   State       Title/Subject   adopted by   approved    Federal Register    52.1020
  citation                        State      by EPA         citation
----------------------------------------------------------------------------------------------------------------
Chapter:
  1........  Regulations for     02/08/84    03/23/93  58 FR 15430......  (c)(26)...  Portions of chapter 1.
              the Processing
              of
              Applications..
  100......  ................      5/7/79      1/3/80  45 FR 6784.......  (c)(10)...  PSD Plan Only.
  100......  Definitions         12/24/79     2/19/80  45 FR 10766......  (c)(11)...  ..........................
              Regulations.
                                   2/6/80                                             ..........................
  100......  Definitions.....     10/3/89     3/23/93  58 FR 15430......  (c)(26)...  All except for the
                                                                                       definition of VOC in
                                                                                       chapter 100(76). Note
                                                                                       that this definition is
                                                                                       approved in another
                                                                                       paragraph below. In
                                                                                       addition, Maine withdrew
                                                                                       the definition of fuel
                                                                                       burning equipment in
                                                                                       chapter 100(29) from its
                                                                                       SIP submittal. This
                                                                                       definition is approved in
                                                                                       another paragraph below.
             ................  ..........  ..........  .................  (c)(27)...  Approval of definition of
                                                                                       VOC in chapter 100(76)
                                                                                       only.
  100......  Definitions         11/26/91     6/21/93  58 FR 33768......  (c)(31)...  Revised ``volatile organic
              Regulations.                                                             compound (VOC)'' and
                                                                                       ``federally
                                                                                       enforceable.'' Added
                                                                                       ``particulate matter
                                                                                       emissions'' and ``PM10
                                                                                       emissions.''
  100......  Definitions.....     7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Changes to the following
                                                                                       definitions: Actual
                                                                                       emissions, baseline
                                                                                       concentration and fuel
                                                                                       burning equipment in
                                                                                       Chapter 100(1), (9), and
                                                                                       (29).
  100......  Definitions.....      1/6/93     6/17/94  59 FR 31157......  (c)(33)...  Revised to add definitions
                                                                                       associated with VOC RACT
                                                                                       rules.
  100......  Definitions.....    11/10/93     1/10/95  60 FR 2526.......  (c)(34)...  Revised to add definitions
                                                                                       associated with emission
                                                                                       statement rules.
  100......  Definitions.....     6/22/94     6/29/95  60 FR 33734......  36........  Gasoline marketing
                                                                                       definitions added
  100......  Definitions          6/22/94     2/14/96  61 FR 5694.......  (c)(37)...  Addition of 1990 Part D
              Regulation.                                                              NSR and other CAAA
                                                                                       requirements.
  100......  Definitions.....     7/19/95    10/15/96  61 FR 53639......  (c)(42)...  Definition of ``VOC''
                                                                                       revised.
  100......  Definitions.....   12/1/2005    11/21/07  72 FR 65462......  (c)(62)...  Revised to add definitions
                                                                                       associated with SIP
                                                                                       submittals made between 7/
                                                                                       19/95 and 12/1/05.
  101......  Visible             10/10/79     2/17/82  47 FR 6829.......  (c)(17)...  ..........................
              Emissions.
  102......  Open Burning....     1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
  102......  Open Burning....     3/17/05     2/21/08  73 FR 9459.......  (c)(61)...
  103......  Fuel Burning         1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Equipment
              Particulate
              Emission
              Standard.
                                  1/24/83     2/26/85  50 FR 7770.......  (c)(19)...  ..........................
  104......  Incinerator          1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Particulate
              Emission
              Standard.
  105......  General Process      1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Source
              Particulate
              Emission
              Standard.
  106......  Low Sulfur Fuel.     1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
                                  2/08/78      1/8/82  47 FR 947........  (c)(15)...  Revised limits for
                                                                                       Portland Peninsula only.
  107......  Sulfur Dioxide       1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Emission
              Standards for
              Sulfite Pulp
              Mills.

[[Page 24]]

 
  109......  Emergency            1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Episode
              Regulation.
  109......  Emergency            8/14/91     1/12/95  60 FR 2887.......  (c)(28)...  Revisions which
              Episode                                                                  incorporate the PM10
              Regulation.                                                              alert, warning, and
                                                                                       emergency levels.
  110......  Ambient Air           5/7/79     1/30/80  45 FR 6784.......  (c)(10)...  ..........................
              Quality
              Standards.
  110......  Ambient Air         10/25/89     3/23/93  58 FR 15430......  (c)(26)...  All of chapter 110 except
              Quality                                                                  for chapter 110(2) which
              Standards.                                                               is approved in another
                                                                                       paragraph, below. Note
                                                                                       that Maine did not submit
                                                                                       its Chromium standard in
                                                                                       chapter 110(12) for
                                                                                       approval.
             ................  ..........  ..........  .................  (c)(27)...  Chapter 110(2) only.
  110......  Ambient Air          7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Addition of NO2 increments
              Quality                                                                  for class I and II areas
              Standards.                                                               in Chapter 110(10). Note
                                                                                       that class III increment
                                                                                       in Chapter 110(10)(C)(3)
                                                                                       is not part of submittal.
  110......  Ambient Air          7/24/96     3/22/04  69 FR 13231......  (c)(52)...  Adopts PSD increments
              Quality                                                                  based on PM10, in place
              Standards.                                                               of increments based on
                                                                                       TSP.
  111......  Petroleum Liquid      5/7/79     2/19/80  45 FR 10766......  (c)(11)...  ..........................
              Storage Vapor
              Control.
                                  9/27/89      2/3/92  57 FR 3948.......  (c)(30)...
  112......  Petroleum                        2/19/80  45 FR 10766......  (c)(11)...
              Liquids
              Transfer
              Recovery.
                                   5/7/79      3/5/82  47 FR 9462.......  (c)(16)...  Irving Oil, Searsport
                                                                                       exempted.
                                  7/22/86      2/2/87  52 FR 3117.......  (c)(22)...  Bulk Gasoline Terminal
                                                                                       Test methods.
                                  5/22/91      2/3/92  57 FR 3948.......  (c)(30)...  The exemption for Irving
                                                                                       Oil Corporation in
                                                                                       Searsport, Maine
                                                                                       incorporated by reference
                                                                                       at 40 CFR 52.1020(c)(16)
                                                                                       is removed.
  112......  Petroleum            6/22/94     6/29/95  60 FR 33734......  36........  Deleted exemption for tank
              liquids                                                                  trucks less than 3500
              transfer                                                                 gallons.
              recover.
  112......  Gasoline Bulk        7/19/95    10/15/96  61 FR 53639......  (c)(42)...  Emission limit lowered
              Terminals.                                                               from 80 mg/l to 35 mg/l.
  113......  Growth Offset         5/7/79     2/19/80  45 FR 10766......  (c)(11)...  Part of New Source Review
              Regulation.                                                              program.
                                 12/18/85    12/23/86  51 FR 45886......  (c)(21)...  Deletes Thomaston.
  113......  Growth Offset       10/25/89     3/23/93  58 FR 15430......  (c)(26)...  ..........................
              Regulation.
  113......  Growth Offset        7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Change to Chapter
              Regulation.                                                              113(II)(A) to include
                                                                                       NO2.
  113......  Growth Offset        6/22/94     2/14/96  61 FR 5694.......  (c)(37)...  Addition of 1990 Part D
              Regulation.                                                              NSR requirements.
  114......  Classification        5/7/79     1/30/80  45 FR 6874.......  (c)(10)...
              of Air Quality
              Control Regions.
  114......  Designation of      10/25/89     3/23/93  58 FR 15430......  (c)(26)...  All except for chapter
              Air Quality                                                              114(11) and (111) which
              Control Regions.                                                         are approved in another
                                                                                       paragraph below.
             ................  ..........  ..........  .................  (c)(27)...  Chapter 114(11)and (111)
                                                                                       only.
  114......  Classification       4/27/94    Aug. 30,  60 FR 45060......  (c)(40)...  Revision to remove Presque
              of Air Quality                     1995                                  Isle as nonattainment for
              Control Regions.                                                         PM10.
  115......  Emission License      5/7/79     1/30/80  45 FR 6784.......  (c)(10)...  PSD
              Regulation..
             ................    12/24/79     2/19/80  45 FR 10766......  (c)(11)...  New Source Review.

[[Page 25]]

 
             ................    10/25/89     3/23/93  58 FR 15430......  (c)(26)...  Note Maine did not submit
                                                                                       references to
                                                                                       nonregulated pollutants
                                                                                       for approval. Also note
                                                                                       that this chapter was
                                                                                       formerly chapter 108.
  115......  Emission License     7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Changes to Chapter
              Regulation.                                                              115(I)(B), (VII)(A),
                                                                                       VII)(B)(3), and
                                                                                       (VII)(D)(3) to remove
                                                                                       Chapter 108 and to
                                                                                       incorporate NO2
                                                                                       increments requirements.
  115......  Emission License     6/22/94     2/14/96  61 FR 5694.......  (c)(37)...  Addition of 1990 Part D
              Regulation.                                                              NSR and other CAAA
                                                                                       requirements.
  116......  Prohibited          10/25/89     3/23/93  58 FR 15430......  (c)(26)...
              Dispersion
              Techniques.
  117......  Source                8/9/88     3/21/89  54 FR 11525......  24........
              Surveillance.
  118......  Gasoline             6/22/94     6/29/95  60 FR 33734......  36........
              Dispensing
              Facilities.
             ................     7/19/95    10/15/96  61 FR 53639......  (c)(43)...  Stage II vapor recovery
                                                                                       requirements added.
  119......  Motor Vehicle         6/1/00      3/6/02  67 FR 10100......  (c)(49)...  Controls fuel volatility
              Fuel Volatility                                                          in the State. 7.8 psi RVP
              Limit.                                                                   fuel required in 7
                                                                                       southern counties.
  120......  Gasoline Tank        6/22/94     6/29/95  60 FR 33734......  35........
              Trucks.
  123......  Paper Coater         9/27/89      2/3/92  57 FR 3949.......  (c)(30)...  The operating permits for
              Regulation.                                                              S.D. Warren of Westbrook,
                                                                                       Eastern Fine Paper of
                                                                                       Brewer, and Pioneer
                                                                                       Plastics of Auburn
                                                                                       incorporated by reference
                                                                                       at 40 CFR Sec. 52.1020
                                                                                       (c)(11), (c)(11), and
                                                                                       (c)(18), respectively,
                                                                                       are withdrawn.
  126......  Capture              5/22/91     3/22/93  58 FR 15282......  (c)(32)...
              Efficiency Test
              Procedures.
  127......  New Motor           12/31/00     4/28/05  70 FR 21962......  (c)(58)...  Low emission vehicle
              Vehicle                                                                  program, with no ZEV
              Emission                                                                 requirements. Program
              Standards.                                                               achieves 90% of full LEV
                                                                                       benefits.
  129......  Surface coating       1/6/93     6/17/94  59 FR 31157......  (c)(33)...  Includes surface coating
              Facilities.                                                              of: Cans, fabric, vinyl,
                                                                                       metal furniture, flatwood
                                                                                       paneling, and
                                                                                       miscellaneous metal parts
                                                                                       and products.
  130......  Solvent               1/6/93     6/17/94  59 FR 31157......  (c)(33)...
              Degreasers.
  130......  Solvent Cleaners     6/17/04     5/26/05  70 FR 30369......  (c)(54)...
  131......  Cutback and           1/6/93     6/17/94  59 FR 31157......  (c)(33)...
              Emulsified
              Asphalt.
  132......  Graphic Arts:         1/6/93     6/17/94  59 FR 31157......  (c)(33)...
              Rotogravure and
              Flexography.
  133......  Gasoline Bulk        6/22/94     6/29/95  60 FR 33734......  36........
              Plants.
  134......  Reasonably            2/8/95     4/18/00  65 FR 20753......  (c)(45)...  Regulation fully approved
              Available                                                                for the following
              Control                                                                  counties: York,
              Technology for                                                           Sagadahoc, Cumberland,
              Facilities that                                                          Androscoggin, Kennebec,
              Emit Volatile                                                            Knox, Lincoln, Hancock,
              Organic                                                                  Waldo, Aroostook,
              Compounds.                                                               Franklin, Oxford, and
                                                                                       Piscataquis. Regulation
                                                                                       granted a limited
                                                                                       approval for Washington,
                                                                                       Somerset, and Penobscot
                                                                                       Counties.

[[Page 26]]

 
  134......  Reasonably           2/25/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                JJ Nissen Baking Company.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           7/23/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available          10/27/97                                              Prime Tanning.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           7/25/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Portsmouth Naval
              Control                                                                  Shipyard.
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           12/5/96     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available          10/20/97                                              Dexter Shoe.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           6/16/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Pioneer Plastics.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably            1/4/96     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Georgia Pacific.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           1/18/96     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Champion International.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           10/4/95     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available          12/13/95                                              International Paper.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           12/8/95     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                James River.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably          12/18/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available                                                                Lincoln Pulp and Paper.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably          12/18/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available                                                                SD Warren Paper Company's
              Control                                                                  Westbrook, Maine
              Technology for                                                           facility.
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           10/4/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available            1/9/96                                              SD Warren Paper Company's
              Control                                                                  Skowhegan, Maine
              Technology for                                                           facility.
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably          12/20/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available                                                                Boise Cascade.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           4/11/01     5/20/02  67 FR 35441        (c)(51)...  VOC RACT determination for
              available                                                                Bath Iron Works.
              control
              technology for
              facilities that
              emit volatile
              organic
              compounds.

[[Page 27]]

 
  134......  Reasonably           4/26/01     5/20/02  67 FR 35441......  (c)(51)     VOC RACT determination for
              available            7/2/01                                              Pratt & Whitney.
              control
              technology for
              facilities that
              emit volatile
              organic
              compounds.
  134......  Reasonably           5/10/01     5/20/02  67 FR 35441......  (c)(51)     VOC RACT determination for
              available                                                                Moosehead Manufacturing's
              control                                                                  Dover-Foxcroft plant.
              technology for
              facilities that
              emit volatile
              organic
              compounds.
             Reasonably           5/10/01     5/20/02  67 FR 35441......  (c)(51)     VOC RACT determination for
              available                                                                Moosehead Manufacturing's
              control                                                                  Monson plant.
              technology for
              facilities that
              emit volatile
              organic
              compounds.
  137......  Emission            12/17/04    11/21/07  72 FR 65462......  (c)(62)...  Revised to incorporate
              Statements.                                                              changes required by EPA's
                                                                                       consolidated emissions
                                                                                       reporting rule. The
                                                                                       entire rule is approved
                                                                                       with the exception of HAP
                                                                                       and greenhouse gas
                                                                                       reporting requirements
                                                                                       which were not included
                                                                                       in the state's SIP
                                                                                       revision request.
  138......  Reasonably            8/3/94    December  60 FR 66755......  (c)(41)...  Affects sources only in
              Available                      26, 1995                                  Oxford, Franklin,
              Control                                                                  Somerset, Piscataquis,
              Technology For                                                           Penobscot, Washington,
              Facilities That                                                          Aroostook, Hancock and
              Emit Nitrogen                                                            Waldo Counties (excepted
              Oxides.                                                                  portions of rule include
                                                                                       Sections 1.A.1. and
                                                                                       3.B.).
  138......  NOX RACT........      8/3/94      9/9/02  67 FR 57154......  (c)(46)...  Affects sources in York,
                                                                                       Cumberland, Sagadahoc,
                                                                                       Androscoggin, Kennebec,
                                                                                       Lincoln, and Knox
                                                                                       counties.
  138......  NOX RACT........   5/18/95 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  2/16/96                                              FPL Energy's (formerly
                                                                                       Central Maine Power) W.F.
                                                                                       Wyman Station.
  138......  NOX RACT........   6/16/95 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  6/12/96                                              Tree Free Fiber Company,
                                                                                       LLC. (formerly Statler
                                                                                       Tissue).
  138......  NOX RACT........   8/23/95 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  3/10/97                                              Pioneer Plastics
                                                                                       Corporation.
  138......  NOX RACT........    11/15/95      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Scott Paper Company.
  138......  NOX RACT........     1/18/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Chinet Company.
  138......  NOX RACT........      2/7/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       FMC Corporation--Food
                                                                                       from Ingredients
                                                                                       Division.
  138......  NOX RACT........    6/5/96 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX FR RACT
                                   3/5/97                                              for Dragon Products
                                                                                       Company, Inc.
  138......  NOX RACT........     6/12/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       S.D. Warren Company.
  138......  NOX RACT........    10/16/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Mid-Maine Waste Action
                                                                                       Corporation.
  138......  NOX RACT........  10/21/96 &      9/9/92  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  7/25/97                                              Portsmouth Naval
                                                                                       Shipyard.
  138......  NOX RACT........    11/12/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Maine Energy Recovery
                                                                                       Company.

[[Page 28]]

 
  139......  Transportation       9/19/07     2/08/08  73 FR 7465.......  (c) 64....
              Conformity.
  141......  Conformity of        9/11/96     9/23/97  62 FR 49611......  (c)(44)...  ``Chapter 141: Conformity
              General Federal                                                          of General Federal
              Actions.                                                                 Actions''.
141........  Conformity of        4/19/07     2/20/08  73 FR 9203.......  (c)(63)...  Amendment to incorporate
              General Federal                                                          new fine particulate
              Actions.                                                                 matter provisions.
  145......  NOX Control          6/21/01     4/10/05  70 FR 11882......  (c)(56)...
              Program.
  148......  Emissions from       7/15/04     5/26/05  70 FR 30376......  (c)(55)...
              Smaller-Scale
              Electric
              Generating
              Resources.
  151......  Architectural       10/06/05     3/17/06  71 FR 13767......  (c)(59)...
              and Industrial
              Maintenance
              (AIM) Coatings.
  152......  Control of           8/19/04    10/24/05  70 FR 61384......  (c)(57)...
              Emissions of
              Volatile
              Organic
              Compounds from
              Consumer
              Products.
  153......  Mobile Equipment      2/5/04     5/26/05  70 FR
              Repair and                                30369(c)(54).
              Refinishing.
  155......  Portable Fuel         6/3/04      2/7/05  70 FR 6354.......  (c)(53)...  All of Chapter 155 is
              Container                                                                approved with the
              Spillage                                                                 exception of the word
              Control.                                                                 ``or'' in Subsection 7C
                                                                                       which Maine did not
                                                                                       submit as part of the SIP
                                                                                       revision.
  ``Vehicle  Vehicle               7/9/98     1/10/01  66 FR 1875.......  (c)(48)...  Maine Motor Vehicle
   I/M''.     Inspection and                                                           Inspection Manual,''
              Maintenance.                                                             revised in 1998, pages 1-
                                                                                       12 through 1-14, and page
                                                                                       2-14, D.1.g. Also,
                                                                                       Authorizing legislation
                                                                                       effective July 9, 1998
                                                                                       and entitled L.D. 2223,
                                                                                       ``An Act to Reduce Air
                                                                                       Pollution from Motor
                                                                                       Vehicles and to Meet
                                                                                       Requirements of the
                                                                                       Federal Clean Air Act.''
----------------------------------------------------------------------------------------------------------------
Note. 1. The regulations are effective statewide unless stated otherwise in comments section.


(Secs. 110(a) and 301(a) of the Clean Air Act, as amended (42 U.S.C. 
7410(a) and 7601(a)))

[50 FR 3336, Jan. 24, 1985]

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



Sec. 52.1033  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures for meeting 
all of the requirements of 40 CFR 51.302 or 51.306 for the protection of 
visibility in mandatory class I Federal areas.
    (b) [Reserved]
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated into the applicable plan for the State of Maine.

[52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993]



Sec. 52.1034  Stack height review.

    The State of Maine has declared to the satisfaction of EPA that no 
existing emission limitations have been affected by stack height credits 
greater than good engineering practice or any

[[Page 29]]

other prohibited dispersion techniques as defined in EPA's stack height 
regulations as revised on July 8, 1985. Such declarations were submitted 
to EPA on December 17, 1985; May 30, 1986; October 2, 20, and 24, 1986; 
August 6, 1987; September 8 and 30, 1988.

[54 FR 8190, Feb. 27, 1989]



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

    Maine must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1036  Emission inventories.

    (a) The Governor's designee for the State of Maine submitted 1990 
base year emission inventories for the Knox and Lincoln Counties area, 
the Lewiston and Auburn area, the Portland area, and the Hancock and 
Waldo Counties area on July 25, 1995 as a revision to the State 
Implementation Plan (SIP). An amendment to the 1990 base year emission 
inventory for the Portland area was submitted on June 9, 2005. The 1990 
base year emission inventory requirement of section 182(a)(1) of the 
Clean Air Act, as amended in 1990, has been satisfied for these areas.
    (b) The inventory is for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventory 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The Knox and Lincoln Counties nonattainment area is classified 
as moderate. The Lewiston and Auburn nonattainment area is classified as 
moderate and consists of Androscoggin and Kennebec Counties. The 
Portland nonattainment area is classified as moderate and consists of 
Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties 
nonattainment area is classified as attainment.
    (d) The Governor's designee for the State of Maine submitted 1993 
periodic year emission inventories for the Hancock and Waldo Counties 
area on May 13, 1996 as a revision to the State Implementation Plan 
(SIP). The 1993 periodic year emission inventory requirement of section 
182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied 
for the Hancock and Waldo counties area.
    (e) On June 24, 1997, the Maine Department of Environmental 
Protection submitted a revision to establish explicit year 2006 motor 
vehicle emissions budgets [6.44 tons per summer day of VOC, and 8.85 
tons per summer day of NOX] for the Hancock and Waldo 
counties ozone maintenance area to be used in determining transportation 
conformity.
    (f) The Governor's designee for the State of Maine submitted a 2002 
base year emission inventory for Cumberland, Sagadahoc, and York 
counties, to represent emissions for the Portland 8-hour ozone 
nonattainment area on June 9, 2005, as a revision to the State 
Implementation Plan (SIP). The 2002 base year emission inventory 
requirement of 40 CFR 51.915 has been satisfied for this area.

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



Sec. 52.1037  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Maine'' and all revisions submitted by Maine that were 
federally approved prior to September 1, 2008.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory changes to the plan submitted on 
March 17, 1972, by the Environmental Improvement Commission for the 
State of Maine.
    (2) Regulation 10.8.4(g) establishing compliance schedules for 
sources in Maine submitted on July 28, 1972, by the Environmental 
Improvement Commission for the State of Maine.
    (3) A revision removing fuel burning sources with a maximum heat 
input from three million up to 10 million BTU/hr from the particulate 
matter control strategy submitted on March 29, 1973, by the Governor.
    (4) Changes in the Open Burning Regulation 100.2 submitted on 
September 4, 1973, by the State of Maine Department of Environmental 
Protection.

[[Page 30]]

    (5) An AQMA proposal submitted on June 26, 1974, by the Governor.
    (6) Revision to incinerator particulate emission standard, submitted 
on August 26, 1976 by the Commissioner of the Maine Department of 
Environmental Protection, which would exempt woodwaste cone burners from 
the plan until 1980.
    (7) Revision to incinerator particulate emission standard, submitted 
on November 18, 1976 by the Commissioner of the Maine Department of 
Environmental Protection, which would exempt municipal waste cone 
burners from the plan.
    (8) Revision to open burning regulation submitted on December 7, 
1976 by the Commissioner of the Maine Department of Environmental 
Protection.
    (9) Revisions to Chapter 5--State Implementation Plan Air Quality 
Surveillance, and Chapter 6--Revision of New Sources and Modifications, 
submitted by the Governor on March 10, 1978.
    (10) Plans to meet various requirements of the Clean Air Act, 
including Part C, were submitted on May 1, 1979, October 26, 1979 and 
December 20, 1979. Included in the revisions is a plan for review of 
construction and operation of new and modified major stationary sources 
of pollution in attainment areas.
    (11) Attainment plans to meet the requirements of Part D and the 
Clean Air Act, as amended in 1977, were submitted on May 1, 1979; 
October 26, 1979; December 20, 1979; July 9, 1980; July 31, 1980; 
December 18, 1980; March 17, 1981. Included are plans to attain: The 
secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; the 
primary and secondary SO2 standard for Millinocket; the 
carbon monoxide standard for Lewiston and Bangor and the ozone standard 
for AQCRS 107 and 110. A program was also submitted for the review of 
construction and operation of new and modified major stationary sources 
of pollution in non-attainment areas. Certain miscellaneous provisions 
are also included.
    (12) A plan to provide for public involvement in federally funded 
air pollution control activities was submitted on May 28, 1980.
    (13) Revisions to Chapter 5--State Implementation Plan--Air Quality 
Surveillance, intended to meet requirements of 40 CFR part 58, were 
submitted by the Commissioner of the Maine Department of Environmental 
Protection on July 1, 1980.
    (14) Revisions to attain and maintain the NAAQS for lead were 
submitted on August 7, and November 5, 1980.
    (15) A revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel 
Regulation'' for the Metropolitan Portland Air Quality Control Region, 
submitted by the Governor of Maine on August 25, 1977.
    (16) Department Regulation Chapter 112, Petroleum Liquid Transfer 
Vapor Recovery, is amended to exempt the town of Searsport, Maine from 
this regulation. This amendment was submitted by Henry E. Warren, 
Commissioner of the Department of Environmental Protection on October 
23, 1981, in order to meet Part D requirements for ozone.
    (17) Regulatory revisions to the plan containing changes to Chapter 
101 ``Visible Emissions Regulation'' submitted August 7, 1980.
    (18) On May 12, 1982 and February 11, 1983 the Maine Department of 
Environmental Protection submitted an emission limit contained in an air 
emissions license which requires Pioneer Plastics, Auburn, Maine to 
reduce its volatile organic compound emissions by at least 85%.
    (19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the 
Maine Department of Environmental Protection submitted revisions to 
Chapter 103 ``Fuel Burning Equipment Particulate Emission Standard.''
    (20) A plan to attain the primary TSP standard in Lincoln, 
consisting of particulate emission limitations contained in an air 
emission license issued to the Lincoln Pulp and Paper Company, Inc., 
submitted by the Commissioner of the Maine Department of Environmental 
Protection on December 18, 1984.
    (21) A revision to approve the deletion of Thomaston from the list 
of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter 
113, submitted by the Commissioner on February 20, 1986.

[[Page 31]]

    (22) Revision to federally-approved regulation Chapter 112, 
Petroleum Liquids Transfer Vapor Recovery [originally approved on 
February 19, 1980, see paragraph (c)(11), of this section, was submitted 
on August 4, 1986, by the Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Regulation Chapter 112(6), Emission Testing, is amended by 
incorporating test methods and procedures as stated in 40 CFR part 60, 
subpart XX, Sec. 60.503 to determine compliance with emission standards 
for volatile organic compound emissions from bulk gasoline terminals. 
This revision to Regulation Chapter 112(6) became effective on July 22, 
1986 in the State of Maine.
    (ii) Additional material. The nonregulatory portions of the state 
submittals.
    (23) [Reserved]
    (24) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 22, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated August 19, 1988 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 117 of the Maine Department of Environmental Protection 
Air Regulations entitled, ``Source Surveillance,'' effective in the 
State of Maine on August 9, 1988.
    (ii) Additional material.
    (A) Nonregulatory portions of the state submittal.
    (25) Revisions to the Maine State Implementation Plan (SIP) for 
ozone submitted on February 14, 1989 and May 3, 1989 by the Maine 
Department of Environmental Protection (DEP) for its state gasoline 
volatility control program, including any waivers under the program that 
Maine may grant. The control period will begin May 1, 1990.
    (i) Incorporation by reference. Maine Department Regulation chapter 
119, Rules and Regulations of the State of Maine, entitled ``Motor 
Vehicle Fuel Volatility Limit,'' adopted August 10, 1988, amended 
Septemter 27, 1989 and effective October 25, 1989.
    (26) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 27, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 27, 1989 submitting revisions to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental 
Protection's Air Regulations entitled ``Definitions Regulations,'' 
except for the definition of volatile organic compounds in Chapter 
100(76) which is being incorporated by reference in 40 CFR 
52.1020(c)(27). This regulation was effective in the State of Maine on 
October 3, 1989. Note, the definition of fuel burning equipment in 
Chapter 100(29) is not part of Maine's submittal.
    (C) Chapter 110 except for Chapter 110(2) which is being 
incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter 
114 except for Chapter 114(II) and (III) which are being incorporated by 
reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter 116 of the 
Maine Department of Environmental Protection's Air Regulations entitled, 
``Ambient Air Quality Standards,'' ``Growth Offset Regulation,'' 
``Classification of Air Quality Control Regions,'' ``Emission License 
Regulations,'' and ``Prohibited Dispersion Techniques,'' respectively. 
These regulations were effective in the State of Maine on October 25, 
1989. Chapter 108, originally approved on January 30, 1980 and February 
19, 1980 in paragraphs (c)(10) and (c)(11) of this section, is being 
withdrawn and replaced with Chapter 115.
    (D) Portions of Chapter 1 entitled ``Regulations for the Processing 
of Applications,'' effective in the State of Maine on February 8, 1984.
    (ii) Additional materials.
    (A) A State Implementation Plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Letter dated May 1, 1989 from the Maine Department of 
Environmental Protection regarding implementation of BACT.
    (C) Nonregulatory portions of the state submittal.
    (27) Revisions to the State Implementation Plan submitted by the 
Maine

[[Page 32]]

Department of Environmental Protection on October 31, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 31, 1989 submitting revisions to the Maine State 
Implementation Plan.
    (B) The definition of volatile organic compounds in Chapter 100(76) 
of the Maine Department of Environmental Protection's ``Definitions 
Regulations'' effective in the State of Maine on October 3, 1989.
    (C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine 
Department of Environmental Protection's ``Ambient Air Quality 
Standards'' and ``Classification of Air Quality Control Regions'' 
Regulations effective in the State of Maine on October 25, 1989. Note 
that Millinocket remains designated as a nonattainment area for 
SO2 until redesignated at 40 CFR 51.320.
    (ii) Additional materials.
    (A) A State Implementation Plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Nonregulatory portions of the state submittal.
    (28) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 14 and October 
22, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated August 14 and October 22, 1991 submitting revisions to the Maine 
State Implementation Plan.
    (B) Revisions to Chapter 109 of the Maine Department of 
Environmental Protection Regulations, ``Emergency Episode Regulations,'' 
effective in the State of Maine on September 16, 1991.
    (C) Part B of the Memorandum of Understanding which the Maine 
Department of Environmental Protection (DEP) entered into (and 
effective) on March 11, 1991, with the City of Presque Isle, and the 
Maine Department of Transportation.
    (ii) Additional materials.
    (A) An attainment plan and demonstration which outlines Maine's 
control strategy for attainment of the PM10 NAAQS and implements and 
meets RACM and RACT requirements for Presque Isle.
    (B) Nonregulatory portions of the submittal.
    (29) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 16, 1990, September 
5, 1990, and November 2, 1990.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting 
revisions to the Maine State Implementation Plan.
    (B) The definitions of actual emissions, baseline concentration, and 
fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's 
``Definitions Regulation,'' Chapter 110(10) (except for Chapter 
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,'' 
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter 
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's ``Emission 
License Regulations,'' effective in the State of Maine on July 10, 1990. 
Note that the revised state statute which contains the underlying 
authority to implement the NO2 increments became effective on 
July 14, 1990.
    (ii) Additional materials.
    (A) A state implementation plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Nonregulatory portions of the state submittal.
    (30) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on September 29, 1989, 
December 5, 1989 and June 3, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated September 29, 1989, and June 3, 1991 submitting a revision to the 
Maine State Implementation Plan.
    (B) Chapter 111 ``Petroleum Liquid Storage Vapor Control'' and 
Chapter 123 ``Paper Coater Regulation,'' effective in the state of Maine 
on October 3, 1989.

[[Page 33]]

    (C) Chapter 112 ``Petroleum Liquid Transfer Vapor Recovery,'' 
effective in the State of Maine on June 9, 1991.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 3, 1991 documenting the December 1990 survey conducted to 
satisfy the 5 percent demonstration requirement in order to justify the 
3500 gallon capacity cut-off in chapter 112.
    (B) Letter from the Maine Department of Environmental Protection 
dated December 5, 1989 requesting the withdrawal of operating permits 
for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer 
Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11) 
and (c)(18).
    (C) Nonregulatory portions of the submittal.
    (31) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on April 20, 1992.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated April 8, 1992 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 100(54)(b) ``particulate matter emissions,'' Chapter 
100(57)(b) ``PM10 emissions,'' and revisions to Chapter 
100(28) ``federally enforceable'' and to Chapter 100(76) ``volatile 
organic compound (VOC)'' effective in the State of Maine on January 18, 
1992.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (32) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 5, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 3, 1991 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 126 of the Maine Department of Environmental Protection 
Regulations, ``Capture Efficiency Test Procedures'' effective in the 
State of Maine on June 9, 1991.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (33) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on January 8, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated January 8, 1993, submitting a revision to the Maine State 
Implementation Plan.
    (B) Revised Chapter 100 of the Maine Department of Environmental 
Protection Regulations, ``Definitions'' effective in the State of Maine 
on February 10, 1993.
    (C) Chapter 129 of the Maine Department of Environmental Protection 
Regulations, ``Surface Coating Facilities'' effective in the State of 
Maine on February 10, 1993.
    (D) Chapter 130 of the Maine Department of Environmental Protection 
Regulations, ``Solvent Degreasers'' effective in the State of Maine on 
February 10, 1993.
    (E) Chapter 131 of the Maine Department of Environmental Protection 
Regulations, ``Cutback and Emulsified Asphalt'' effective in the State 
of Maine on February 10, 1993.
    (F) Chapter 132 of the Maine Department of Environmental Protection 
Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in 
the State of Maine on February 10, 1993.
    (G) Appendix A ``Volatile Organic Compounds Test Methods and 
Compliance Procedures'' incorporated into Chapters 129 and 132 of the 
Maine Department of Environmental Protection Regulations, effective in 
the State of Maine on February 10, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (34) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on January 3, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated January 3, 1994 submitting a revision to the Maine State 
Implementation Plan.

[[Page 34]]

    (B) Revised Chapter 100 of the Maine Department of Environmental 
Protection Regulations, ``Definitions'' effective in the State of Maine 
on December 12, 1993.
    (ii) Additional Information.
    (A) Nonregulatory portions of the submittal.
    (35) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 3, 1991, November 
25, 1991, and July 6, 1994.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a 
revision to the Maine State Implementation Plan.
    (B) Chapter 120 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Tank Truck Tightness Self-Certification,'' 
effective in the State of Maine on July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (36) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 6, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 6, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions,'' effective in the State of Maine on July 
11, 1994, with the exception of the definitions of the following terms: 
``curtailment,'' ``federally enforceable,'' ``major modification,'' `` 
major source,'' ``nonattainment pollutant,'' ``shutdown,'' ``significant 
emissions,'' and ``significant emissions increase.''
    (C) Chapter 112 of the Maine Department of Environmental Protection 
Regulations, ``Petroleum Liquids Transfer Vapor Recovery,'' effective in 
the State of Maine on July 11, 1994.
    (D) Chapter 118 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective 
in the State of Maine on July 11, 1994.
    (E) Chapter 133 of the Maine Department of Environmental Protection 
Regulations, ``Petroleum Liquids Transfer Vapor Recovery at Bulk 
Gasoline Plants,'' effective in the State of Maine on July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (37) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 12, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Maine's Chapter 100 entitled, ``Definition Regulations.'' This 
regulation was effective in the State of Maine on July 11, 1994.
    (C) Maine's Chapter 113 entitled, ``Growth Offset Regulation.'' This 
regulation was effective in the State of Maine on July 11, 1994.
    (D) Maine's Chapter 115 entitled, ``Emission License Regulation,'' 
except for Section 115(VII)(E) of this Chapter and all references to 
this Section. This regulation was effective in the State of Maine on 
July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (38) Revisions to the State Implementation Plan establishing a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program were submitted by the Maine Department of 
Environmental Protection on July 7, and August 16, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 7, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Revisions to the State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
    (C) Letter from the Maine Department of Environmental Protection

[[Page 35]]

dated August 16, 1994 submitting a corrected page to the July 12, 1994 
SIP revision.
    (39) [Reserved]
    (40) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 1, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 1, 1994 submitting revisions to the Maine State 
Implementation Plan.
    (B) Revisions to Chapter 114 of the Maine Department of 
Environmental Protection Regulations, ``Classification of Air Quality 
Control Regions,'' adopted by the Board of Environmental Protection on 
April 27, 1994 and accepted by the Secretary of State with an effective 
date of May 9, 1994.
    (C) Revisions to Part B of the Memorandum of Understanding which the 
Maine Department of Environmental Protection (DEP) entered into (and 
effective) on May 25, 1994, with the City of Presque Isle, and the Maine 
Department of Transportation.
    (ii) Additional materials.
    (A) A maintenance demonstration and contingency plan which outline 
Maine's control strategy for maintenance of the PM10 NAAQS 
and contingency measures and provision for Presque Isle.
    (B) Nonregulatory portions of the submittal.
    (41) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 5, 1994 related 
to NOX controls in Oxford, Franklin, Somerset, Piscataquis, 
Penobscot, Washington, Aroostook, Hancock and Waldo Counties.
    (i) Incorporation by reference.
    (A) A Letter from the Maine Department of Environmental Protection 
dated August 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 138 of the Maine DEP's regulations, ``Reasonably 
Available Control Technology for Facilities that Emit Nitrogen Oxides'' 
for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot, 
Washington, Aroostook, Hancock and Waldo Counties (excepted portions 
include Sections 1.A.1. and 3.B.). This rule was effective August 3, 
1994.
    (42) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 24, 1995.
    (i) Incorporation by reference.
    (A) Two letters from the Maine Department of Environmental 
Protection dated July 24, 1995 submitting revisions to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions Regulation,'' definition of ``volatile 
organic compounds (VOC)'' effective in the State of Maine on July 25, 
1995.
    (C) Chapter 112 of the Maine Department of Environmental Protection 
Regulations, ``Bulk Terminal Petroleum Liquid Transfer Requirements,'' 
effective in the State of Maine on July 25, 1995.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (43) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 24, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 24, 1995 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 118 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective 
in the State of Maine on July 25, 1995.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated May 6, 1996.
    (B) Nonregulatory portions of the submittal.
    (44) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 11, 1996.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 11, 1996 submitting a revision to the Maine State 
Implementation Plan.

[[Page 36]]

    (B) Chapter 141 of the Maine Department of Environmental Protection 
Air Regulation entitled, ``Conformity of General Federal Actions,'' 
effective in the State of Maine on September 28, 1996.
    (45) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on April 28, 1995, January 
10, 1996, July 1, 1997, October 9, 1997, November 14, 1997, and December 
10, 1997.
    (i) Incorporation by reference.
    (A) Chapter 134 of the Maine Department of Environmental Protection 
regulations entitled ``Reasonably Available Control Technology for 
Facilities that Emit Volatile Organic Compounds,'' effective in the 
State of Maine on February 15, 1995, is granted a full approval for the 
following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, 
Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and 
Piscataquis. This rule is granted a limited approval for Washington, 
Somerset, and Penobscot Counties.
    (B) License Amendment 5 issued by the Maine Department of 
Environmental Protection to Prime Tanning Company on July 23, 1997.
    (C) License Amendment 6 issued by the Maine Department of 
Environmental Protection to Prime Tanning Company on October 27, 1997.
    (D) License issued by the Maine Department of Environmental 
Protection to JJ Nissen Baking Company on February 25, 1997.
    (E) License Amendment 4 issued by the Maine Department of 
Environmental Protection to Portsmouth Naval Shipyard on July 25, 1997.
    (F) License issued by the Maine Department of Environmental 
Protection to Dexter Shoe Company on December 5, 1996.
    (G) License Amendment 1 issued by the Maine Department of 
Environmental Protection to Dexter Shoe Company on October 20, 1997.
    (H) License Amendment 3 issued by the Maine Department of 
Environmental Protection to Pioneer Plastics Corporation on June 16, 
1997.
    (I) License Amendment 10 issued by the Maine Department of 
Environmental Protection to Georgia Pacific Corporation on January 4, 
1996.
    (J) License Amendment 5 issued by the Maine Department of 
Environmental Protection to Champion International Corporation on 
January 18, 1996.
    (K) License Amendment 8 issued by the Maine Department of 
Environmental Protection to International Paper Company on October 4, 
1995.
    (L) License Amendment 9 issued by the Maine Department of 
Environmental Protection to International Paper Company on December 13, 
1995.
    (M) License Amendment 6 issued by the Maine Department of 
Environmental Protection to James River Corporation on December 8, 1995.
    (N) License Amendment 8 issued by the Maine Department of 
Environmental Protection to Lincoln Pulp and Paper Co. on December 18, 
1995.
    (O) License Amendment 14 issued by the Maine Department of 
Environmental Protection to S.D. Warren Paper Company's Westbrook, Maine 
facility on December 18, 1995.
    (P) License Amendment 14 issued by the Maine Department of 
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine 
facility on October 4, 1995.
    (Q) License Amendment 15 issued by the Maine Department of 
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine 
facility on January 9, 1996.
    (R) License Amendment 11 issued by the Maine Department of 
Environmental Protection to Boise Cascade Corporation on December 20, 
1995.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated November 15, 1994 stating a negative declaration for the Synthetic 
Organic Chemical Manufacturing Industry Distillation and Reactors 
Control Technique Guideline categories.
    (B) Nonregulatory portions of the submittal.
    (46) Revision to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 5, 1994.
    (i) Incorporation by reference.
    (A) Chapter 138 of the Maine Department of Environmental Protection

[[Page 37]]

Regulations, ``Reasonably Available Control Technology For Facilities 
That Emit Nitrogen Oxides.'' Affects sources in York, Cumberland, 
Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. This rule 
was adopted and effective in the State of Maine on August 3, 1994.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated August 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (47) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 1, 1997, October 9, 
1997, and August 14, 1998.
    (i) Incorporation by reference.
    (A) Air emission license A-388-71-C-A, Amendment 1, 
condition (q); and A-388-71-D-M, amendment 1, conditions 19 and 
23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station 
issued by Maine Department of Environmental Protection on May 18, 1995, 
and February 16, 1996, respectively.
    (B) Air emission licenses A-195-71-G-M, Amendment 1, and A-
195-71-D-A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and 
conditions 12(A), 12(C), (13), (14) and (15) for Tree Free Fiber 
Company, LLC, (formerly Statler Industries Inc.) issued by Maine 
Department of Environmental Protection on June 12, 1996, and, June 16, 
1995, respectively.
    (C) Air emission licenses A-448-72-K-A/R, paragraphs (II)(D)(2), 
(II)(D)(3) and conditions (13)(f) and 14(k); and A-448-71-O-M, Amendment 
2, condition (14)(k), for Pioneer Plastics Corporation issued 
by Maine Department of Environmental Protection on August 23, 1995, and 
March 10, 1997, respectively.
    (D) Air emission license A-188-72-E-A, Amendment 2, 
conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott Paper 
Company issued by Maine Department of Environmental Protection on 
November 15, 1995.
    (E) Air emission license A-416-72-B-A, conditions (l) 1, 2, 3a, 3b, 
3c, 3e, and (m) for The Chinet Company issued by Maine Department of 
Environmental Protection on January 18, 1996.
    (F) Air emission license A-366-72-H-A, Amendment 5, 
conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation--
Food Ingredients Division issued by Maine Department of Environmental 
Protection on February 7, 1996.
    (G) Air emission licenses A-326-72-N-A, Amendment 5, and A-
326-71-P-M, Amendment 7, for Dragon Products Company, Inc., 
issued by Maine Department of Environmental Protection on June 5, 1996, 
and March 5, 1997, respectively.
    (H) Air emission license A-29-71-Y-A, Amendment 13, 
conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company issued by 
Maine Department of Environmental Protection on June 12, 1996.
    (I) Air emission license A-378-72-E-A, Amendment 2, for 
Mid-Maine Waste Action Corporation issued by Maine Department of 
Environmental Protection on October 16, 1996.
    (J) Air emission licenses A-452-71-D-A, Amendment 2, 
conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20; and A-452-71-F-M, 
Amendment 4, condition 4 for Portsmouth Naval Shipyard issued 
by Maine Department of Environmental Protection on October 21, 1996, and 
July 25, 1997, respectively.
    (K) Air emission license A-46-71-L-A, Amendment 4, for 
Maine Energy Recovery Company issued by Maine Department of 
Environmental Protection on November 12, 1996.
    (ii) Additional materials.
    (A) Letters from the Maine Department of Environmental Protection 
dated July 1, 1997, October 9, 1997, and August 14, 1998, submitting 
case-specific NOX RACT determinations.
    (48) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on November 19, 1998.
    (i) Incorporation by reference.
    (A) ``Maine Motor Vehicle Inspection Manual,'' as revised in 1998, 
pages 1-12 through 1-14, and page 2-14, D.1.g.
    (B) Authorizing legislation effective July 9, 1998 and entitled H.P. 
1594--L.D. 2223, ``An Act to Reduce Air Pollution from Motor Vehicles 
and to Meet Requirements of the Federal Clean Air Act.''
    (ii) Additional material.

[[Page 38]]

    (A) Document entitled ``State of Maine Implementation Plan for 
Inspection/Maintenance'' dated November 11, 1998.
    (B) Letter from the Maine Department of Environmental Protection 
dated November 19, 1998 submitting a revision to the Maine State 
Implementation Plan.
    (49) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 7, 2000 and May 29, 
2001.
    (i) Incorporation by reference.
    Maine Chapter 119, entitled ``Motor Vehicle Fuel Volatility Limit'' 
as amended and effective on June 1, 2000.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 7, 2000 submitting Chapter 119 as a revision to the Maine 
State Implementation Plan.
    (B) Letter from the Maine Department of Environmental Protection 
dated May 29, 2001 submitting additional technical support and an 
enforcement plan for Chapter 119 as an amendment to the State 
Implementation Plan.
    (50) [Reserved]
    (51) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 11, 2001.
    (i) Incorporation by reference.
    (A) License Amendment 10 issued by the Maine Department of 
Environmental Protection to Bath Iron Works Corporation on April 11, 
2001.
    (B) License Amendment 6 issued by the Maine Department of 
Environmental Protection to Pratt & Whitney on April 26, 2001.
    (C) License Amendment 7 issued by the Maine Department of 
Environmental Protection to Pratt & Whitney on July 2, 2001.
    (D) License Amendment 2 issued by the Maine Department of 
Environmental Protection to Moosehead Manufacturing Co.'s Dover-Foxcroft 
plant on May 10, 2001.
    (E) License Amendment 2 issued by the Maine Department of 
Environmental Protection to Moosehead Manufacturing Co.'sMonson plant on 
May 10, 2001.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (52) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 23, 1996.
    (i) Incorporation by reference.
    (A) Chapter 110 of the Maine Department of Environmental Protection 
regulations, ``Ambient Air Quality Standards,'' adopted by the Board of 
Environmental Protection on July 24, 1996, and effective August 6, 1996.
    (B) [Reserved]
    (53) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on December 29, 2003, 
October 22, 2004, and December 9, 2004.
    (i) Incorporation by reference.
    (A) Chapter 155 of the Maine Department of Environmental Protection 
Regulations, ``Portable Fuel Container Spillage Control,'' effective in 
the State of Maine on July 14, 2004, with the exception of the word 
``or'' in Subsection 7C which Maine did not submit as part of the SIP 
revision.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (54) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on March 8, 2004, and June 
28, 2004.
    (i) Incorporation by reference.
    (A) Chapter 153 of the Maine Department of Environmental Protection 
Regulations, ``Mobile Equipment Repair and Refinishing,'' effective in 
the State of Maine on February 25, 2004.
    (B) Chapter 130 of the Maine Department of Environmental Protection 
Regulations, ``Solvent Cleaners,'' effective in the State of Maine on 
June 28, 2004.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (55) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 29, 2004.
    (i) Incorporation by reference.
    (A) Chapter 148 of the Maine Department of Environmental Protection 
Regulations, ``Emissions from Smaller-Scale Electric Generating 
Resources''

[[Page 39]]

effective in the State of Maine on August 9, 2004.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (56) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on February 12, 2004.
    (i) Incorporation by reference.
    (A) Chapter 145 of the Maine Department of Environmental Protection 
Regulations, ``NOX Control Program,'' effective in the State 
of Maine on July 22, 2001.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (57) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 27, 2004, and 
September 8, 2004.
    (i) Incorporation by reference.
    (A) Chapter 152 of the Maine Department of Environmental Protection 
Regulations, ``Control of Emissions of Volatile Organic Compounds from 
Consumer Products,'' effective in the State of Maine on September 1, 
2004.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (58) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on February 25, 2004 and 
December 9, 2004 submitting Maine's Low Emission Vehicle Program.
    (i) Incorporation by reference.
    (A) Chapter 127 of the Maine Department of Environmental Protection 
rules entitled ``New Motor Vehicle Emission Standards'' with an 
effective date of December 31, 2000, including the Basis Statements and 
Appendix A.
    (59) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on December 3, 2004, 
January 5, 2005, October 31, 2005, and November 9, 2005.
    (i) Incorporation by reference.
    (A) Chapter 151 of the Maine Department of Environmental Protection 
Regulations, ``Architectural and Industrial Maintenance (AIM) 
Coatings,'' effective in the State of Maine on November 1, 2005.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (60) [Reserved]
    (61) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on April 27, 2005.
    (i) Incorporation by reference.
    (A) Chapter 102 of Maine Department of Environmental Protection 
Rules, entitled ``Open Burning,'' effective in the State of Maine on 
April 25, 2005.
    (B) State of Maine MAPA 1 form which provides certification that the 
Attorney General approved the rule as to form and legality, dated April 
12, 2005.
    (62) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 14, 2004, and 
February 8, 2006.
    (i) Incorporation by reference.
    (A) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions,'' effective in the State of Maine December 
24, 2005.
    (B) Chapter 137 of the Maine Department of Environmental Protection 
Regulations, ``Emission Statements,'' effective in the State of Maine on 
July 6, 2004, with the exception of the following sections which the 
state did not include in its SIP revision request: section 137.1.C; 
section 137.1.E; section 137.1.F; section 137.2.A through F; section 
137.2.H; section 137.3.B; section 137.3.C; section 137.4.D(4), from the 
sentence beginning with ``Greenhouse gases'' to the end of this section; 
the note within section 137.D(5); section 137(E), and; Appendix A.
    (ii) Additional materials.
    (A) Nonregulatory portions of these submittals.
    (B) Correspondence from David W. Wright of the Maine DEP dated June 
6, 2006, indicating which portions of Chapter 137 should not be 
incorporated into the State's SIP.
    (63) Revision to Chapter 141 ``Conformity of General Federal 
Actions,'' submitted by the Maine Department of Environmental Protection 
on June 29, 2007 and effective in the State of Maine on May 21, 2007.
    (i) Incorporation by reference.

[[Page 40]]

    (A) Chapter 141 ``Conformity of General Federal Actions'' 1. 
Definition. Effective in the State of Maine on May 21, 2007.
    (ii) Additional Materials.
    (A) Chapter 141 ``Conformity of General Federal Actions,'' 2. 
Conformity to State and Federal Implementation Plans. The Maine 
Department of Environmental Protection amended its incorporation-by-
reference within Chapter 141.2 to reflect EPA's revision to the Federal 
General Conformity Rule for fine particulate matter promulgated on July 
17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and 
40 CFR 51.853 Applicability.
    (64) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 3, 2007.
    (i) Incorporation by reference.
    (A) Maine Administrative Procedure Act (MAPA) 1 Form which provides 
certification that the Attorney General approved Chapter 139 
``Transportation Conformity,'' as to form and legality, dated September 
10, 2007.
    (B) Chapter 139 of the Maine Department of Environmental Protection 
Regulations, ``Transportation Conformity,'' effective in the State of 
Maine on September 19, 2007.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.

[37 FR 10870, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1037, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                           Subpart V_Maryland



Sec. 52.1070  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Maryland under section 110 of the Clean Air Act, 
42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality 
standards.
    (b) Incorporation by reference. (1) Material listed as incorporated 
by reference in paragraphs (c) and (d) was approved for incorporation by 
reference by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. 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 August 1, 2011 will be incorporated by reference in the next 
update to the SIP compilation.
    (2)(i) EPA Region III certifies that the rules and regulations 
provided by EPA at the addresses in paragraph (b)(3) of this section are 
an exact duplicate of the officially promulgated State rules and 
regulations which have been approved as part of the State implementation 
plan as of August 1, 2011.
    (ii) EPA Region III certifies that the source-specific requirements 
provided by EPA at the addresses in paragraph (b)(3) of this section are 
an exact duplicate of the officially promulgated source-specific 
requirements which have been approved in the notebook ``40 CFR 
52.1070(d)--Source-Specific Requirements'' as part of the State 
implementation plan as of December 1, 2008. No additional revisions were 
made since between December 1, 2008 and August 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.

[[Page 41]]

    (c) EPA approved regulations.

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
    Code of Maryland
     Administrative                               State effective                                Additional
  Regulations (COMAR)         Title/subject            date           EPA approval date     explanation/citation
        citation                                                                             at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01............  Definitions...........  9/20/10           2/22/11 76 FR 9650      1. Exceptions:
                                                                                            Paragraphs .01B(3),
                                                                                            (13), (21) through
                                                                                            (23), (25); all of
                                                                                            section .01C. 2.
                                                                                            Revision to
                                                                                            paragraph .01B(17).
                                                                                            The SIP effective
                                                                                            date is 4/25/11
26.11.01.01............  Definitions...........  3/5/12            2/28/13, 78 FR 13497    Revised .01B(6-1) and
                                                                                            .01B(37).
26.11.01.02............  Relationship of         8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(1).
                          Provisions in this
                          Subtitle.
26.11.01.03............  Delineation of Areas..  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(1).
26.11.01.04............  Testing and Monitoring  3/5/12            1/25/13, 78 FR 5290     Amended section 04C.
26.11.01.05............  Records and             6/30/97, 12/10/   5/28/02, 67 FR 36810    (c)(172).
                          Information.            01
26.11.01.05-1..........  Emission Statements...  12/7/92           10/12/94, 59 FR 51517   (c)(109).
26.11.01.06............  Circumvention.........  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(1).
26.11.01.07............  Malfunctions and Other  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(1).
                          Temporary Increases
                          in Emissions.
26.11.01.08............  Determination of        8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5).
                          Ground Level
                          Concentrations--Accep
                          table Techniques.
26.11.01.09............  Vapor Pressure of       8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5)
                          Gasoline.
26.11.01.10............  Continuous Emission     7/22/91           2/28/96, 61 FR 7418     (c)(106); TM90-01 was
                          Monitoring (CEM)                                                  approved as
                          Requirements.                                                     ``additional
                                                                                            material'', but not
                                                                                            IBR'd.
----------------------------------------------------------------------------------------------------------------
                                  26.11.02 Permits, Approvals, and Registration
----------------------------------------------------------------------------------------------------------------
26.11.02.01............  Definitions...........  5/8/95            2/27/03, 68 FR 9012     (c)(182);
                                                                                            Exceptions:26.11.02.
                                                                                            01B(1), (1-1), (4)-
                                                                                            (6), (10), (15),
                                                                                            (16), (22), (29)-
                                                                                            (33), (37),(39),
                                                                                            (42), (46), (49),
                                                                                            (50), (54)
26.11.02.01............  Definitions...........  3/5/12            2/28/13, 78 FR 13497    Revised .01B(44) and
                                                                                            .01C(1).
26.11.02.02............  General Provisions....  5/8/95            2/27/03, 68 FR 9012     (c)(182); Exception:
                                                                                            .02D.
26.11.02.03............  Federally Enforceable   5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          Permits to Construct
                          and State Permits to
                          Operate.
26.11.02.04............  Duration of Permits...  5/8/95            2/27/03, 68 FR 9012     (c)(182); Exception:
                                                                                            .04C(2).
26.11.02.05............  Violation of Permits    5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          and Approvals.
26.11.02.06............  Denial of Applications  5/8/95, 6/16/97   2/27/03, 68 FR 9012     (c)(182).
                          for State Permits and
                          Approvals.
26.11.02.07............  Procedures for          5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          Denying, Revoking, or
                          Reopening and
                          Revising a Permit or
                          Approval.
26.11.02.08............  Late Applications and   5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          Delays in Acting on
                          Applications.
26.11.02.09............  Sources Subject to      11/16/09          2/10/12, 77 FR 6963     Revised
                          Permits to Construct                                              26.11.02.09A(1),
                          and Approvals.                                                    (2); limited
                                                                                            approval.
26.11.02.10............  Sources Exempt from     8/11/11           6/12/12                 Revised .10X
                          Permits to Construct                     77 FR 34808
                          and Approvals.
26.11.02.11............  Procedures for          5/8/95, 6/16/97   2/27/03, 68 FR 9012     (c)(182); Exception:
                          Obtaining Permits to                                              .11C.
                          Construct Certain
                          Significant Sources.
26.11.02.12............  Procedures for          5/16/11           8/2/12, 77 FR 45949     Added .12A(2)
                          Obtaining Approvals
                          of PSD Sources and
                          NSR Sources, Permits
                          to Construct, Permit
                          to Construct MACT
                          Determinations On a
                          Case-by-Case Basis in
                          Accordance with 40
                          CFR part 63, subpart
                          B, and Certain 100-
                          Ton Sources.

[[Page 42]]

 
26.11.02.13............  Sources Subject to      5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          State Permits to
                          Operate.
26.11.02.14............  Procedures for          5/8/95, 6/16/97   2/27/03, 68 FR 9012     (c)(182).
                          Obtaining State
                          Permits to Operate
                          and Permits to
                          Construct Certain
                          Sources and Permits
                          to Construct Control
                          Equipment on Existing
                          Sources.
----------------------------------------------------------------------------------------------------------------
                                     26.11.04 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
26.11.04.02............  Ambient Air Quality     9/17/12           2/11/13, 78 FR 9593
                          Standards,
                          Definitions,
                          Reference Conditions,
                          and Methods of
                          Measurement.
                                       26.11.05 Air Quality Episode System
----------------------------------------------------------------------------------------------------------------
26.11.05.01............  Definitions...........  6/18/90           4/14/94, 59 FR 17698    (c)(100).
26.11.05.02............  General Requirements..  6/18/90           4/14/94, 59 FR 17698    (c)(100).
26.11.05.03............  Air Pollution Episode   6/18/90           4/14/94, 59 FR 17698    (c)(100).
                          Criteria.
26.11.05.04............  Standby Emissions       8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(4).
                          Reduction Plan.
26.11.05.05............  Control Requirements    6/18/90           4/14/94, 59 FR 17698    (c)(100).
                          and Standby Orders.
26.11.05.06............  Tables................  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(4).
----------------------------------------------------------------------------------------------------------------
                      26.11.06 General Emissions Standards, Prohibitions, and Restrictions
----------------------------------------------------------------------------------------------------------------
26.11.06.01............  Definitions...........  5/8/91            11/29/94, 59 FR 60908   (c)(102)(i)(B)(14).
26.11.06.02 [Except:     Visible Emissions.....  11/24/03          8/1/07, 72 FR 41891     Revised paragraph
 .02A(1)(e), (1)(g),                                                                        26.11.06.02A(2).
 (1)(h), (1)(i)].
26.11.06.03............  Particulate Matter....  11/11/02          8/6/03, 68 FR 46487     (c)(181).
26.11.06.04............  Carbon Monoxide in      1/5/88;           4/7/93, 58 FR 18010     (c)(92).
                          Areas III and IV.       recodified,
                                                  8/1/88
26.11.06.05............  Sulfur Compounds from   11/11/02          8/6/03, 68 FR 46487     (c)(181).
                          Other than Fuel
                          Burning Equipment.
26.11.06.06............  Volatile Organic        9/22/97           5/7/01, 66 FR 22924     (c)(156) Note: On 2/
                          Compounds.                                                        27/03 (68 FR 9012),
                                                                                            EPA approved a
                                                                                            revised rule
                                                                                            citation with a
                                                                                            State effective date
                                                                                            of 5/8/95
                                                                                            [(c)(182)(i)(C)].
26.11.06.10............  Refuse Burning          8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5).
                          Prohibited in Certain
                          Installations.
26.11.06.14............  Control of PSD Sources  3/5/12            2/28/13, 78 FR 13497    Revised .14B(1).
26.11.06.15............  Nitrogen Oxides from    8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5).
                          Nitric Acid Plants.
26.11.06.16............  Tables................  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5).
----------------------------------------------------------------------------------------------------------------
                                               26.11.07 Open Fires
----------------------------------------------------------------------------------------------------------------
26.11.07.01............  Definitions...........  5/22/95           6/11/02, 67 FR 39856    (c)(173).
26.11.07.02............  General...............  5/22/95           2/25/97, 62 FR 8380     (c)(120).
26.11.07.03............  Control Officer May     8/11/97           6/11/02, 67 FR 39856    (c)(173).
                          Authorize Certain
                          Open Fires.
26.11.07.04............  Public Officers May     5/22/95           2/25/97, 62 FR 8380     (c)(120).
                          Authorize Certain
                          Fires.
26.11.07.05............  Open Fires Allowed      5/22/95           2/25/97, 62 FR 8380     (c)(120) .05A(3) &
                          Without Authorization                                             (4), and .05B(3) are
                          of Control Officer or                                             State-enforceable
                          Public Officer.                                                   only.
26.11.07.06............  Safety Determinations   8/11/97           6/11/02, 67 FR 39856    (c)(173).
                          at Federal Facilities.
----------------------------------------------------------------------------------------------------------------

[[Page 43]]

 
                                    10.18.08/26.11.08 Control of Incinerators
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.01...  Definitions...........  9/12/05           9/15/08, 73 FR 53130    Definition of
                                                                                            ``crematory'' is
                                                                                            added.
10.18.08.02............  Applicability.........  7/18/80           8/5/81, 46 FR 39818     (c)(45).
10.18.08.03............  Prohibition of Certain  6/8/81            5/11/82, 47 FR 20126    (c)(58).
                          Incinerators in Areas
                          III and IV.
10.18.08/26.11.08.04...  Visible Emissions.....  11/24/03          8/1/07, 72 FR 41891     Revised paragraph
                                                                                            26.11.08.04C.
10.18.08/26.11.08.05...  Particulate Matter....  9/12/05           9/15/08, 73 FR 53130    Sections .05A(3) and
                                                                                            .05B(2)(a) are
                                                                                            revised.
10.18.08.06............  Prohibition of          3/25/84           7/2/85, 50 FR 27245     (c)(82).
                          Unapproved Hazardous
                          Waste Incinerators.
----------------------------------------------------------------------------------------------------------------
   26.11.09Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning
                                                  Installations
----------------------------------------------------------------------------------------------------------------
26.11.09.01............  Definitions...........  9/20/10           2/22/11 76 FR 9650      Revision removes
                                                                                            definition of ``fuel-
                                                                                            burning equipment.''
                                                                                            The SIP effective
                                                                                            date is 4/25/11.
26.11.09.02............  Applicability.........  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(7).
26.11.09.03............  General Conditions for  6/21/04           7/6/05, 70 FR 38774     Revised paragraphs
                          Fuel Burning                                                      26.11.09.03C(1) and
                          Equipment.                                                        .03C(2).
26.11.09.04............  Prohibition of Certain  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(7).
                          New Fuel Burning
                          Equipment.
26.11.09.05............  Visible Emissions.....  11/24/03          8/1/07, 72 FR 41891     Revised paragraph
                                                                                            26.11.09.05A(3).
26.11.09.06............  Control of Particulate  6/21/04           7/6/05, 70 FR 38774     Addition of paragraph
                          Matter.                                                           26.11.09.06C.
26.11.09.07............  Control of Sulfur       8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(7).
                          Oxides from Fuel
                          Burning Equipment.
26.11.09.08............  Control of NOX          11/24/03          9/20/04, 69 FR 56170    (c)(191).
                          Emissions for Major
                          Stationary Sources.
26.11.09.09............  Tables and Diagrams...  11/11/02          5/1/03, 68 FR 23206     (c)(183); Revised
                                                                                            Table 1.
----------------------------------------------------------------------------------------------------------------
                           26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
26.11.10.01............  Definitions...........  12/25/00          11/7/01, 66 FR 56222    (c)(163).
26.11.10.02............  Applicability.........  11/2/98           9/7/01, 66 FR 46727     (c)(153).
26.11.10.03............  Visible Emissions.....  6/29/09           7/27/2012 77 FR 44146   Revised paragraphs A.
                                                                                            and D. of
                                                                                            26.11.10.03 for
                                                                                            Sintering Plants.
26.11.10.04............  Control of Particulate  11/2/98           9/7/01, 66 FR 46727     (c)(153).
                          Matter.
26.11.10.05............  Sulfur Content          11/2/98           9/7/01, 66 FR 46727     (c)(153).
                          Limitations for Coke
                          Oven Gas.
26.11.10.05-1..........  Control of Carbon       9/12/05           2/9/10, 75 FR 6307
                          Monoxide Emissions
                          from Basic Oxygen
                          Furnaces.
26.11.10.06............  Control of Volatile     12/25/00          11/7/01 66 FR 56222     (c)(163).
                          Organic Compounds
                          from Iron and Steel
                          Production
                          Installations.
----------------------------------------------------------------------------------------------------------------
26.11.10.07............  Testing and             12/25/00          11/7/01, 66 FR 56222    (c)(163).
                          Observation
                          Procedures.
----------------------------------------------------------------------------------------------------------------
26.11.11 Control of Petroleum Products Installations, Including Asphalt Paving, Asphalt Concrete Plants, and Use
                                                  of Waste Oils
----------------------------------------------------------------------------------------------------------------
26.11.11.01............  Applicability.........  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(9).
26.11.11.02............  Asphalt Paving........  4/26/93           1/6/95, 60 FR 2018      (c)(113)(i)(B)(1).
26.11.11.03............  Asphalt Concrete        8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(9).
                          Plants in Areas I,
                          II, V, and VI.
26.11.11.06............  Use of Waste Oils as    8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(9).
                          Fuel.
----------------------------------------------------------------------------------------------------------------
                        26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations
----------------------------------------------------------------------------------------------------------------
26.11.12.01............  Definitions...........  5/8/95            7/25/00, 64 FR 45743    (c)(149).

[[Page 44]]

 
26.11.12.02............  Applicability.........  5/8/95            7/25/00, 64 FR 45743    (c)(149).
26.11.12.03............  Prohibitions and        5/8/95            7/25/00, 64 FR 45743    (c)(149).
                          Exemptions.
26.11.12.04............  Visible Emissions.....  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(10).
26.11.12.05............  Particulate Matter....  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(10).
26.11.12.06............  Reporting Requirements  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(10).
----------------------------------------------------------------------------------------------------------------
                 26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling
----------------------------------------------------------------------------------------------------------------
26.11.13.01............  Definitions...........  10/18/07          7/18/08, 73 FR 41268
26.11.13.02............  Applicability and       4/26/93           1/6/95, 60 FR 2018      (c)(113)(i)(B)(3).
                          Exemption.
26.11.13.03............  Large Storage Tanks...  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(12).
26.11.13.04............  Loading Operations....  8/11/97           12/22/98, 63 FR 70667   (c)(132).
26.11.13.05............  Gasoline Leaks from     2/15/93           1/6/95, 60 FR 2018      (c)(112).
                          Tank Trucks.
26.11.13.06............  Plans for Compliance..  4/26/93           1/6/95, 60 FR 2018      (c)(113)(i)(B)(5).
26.11.13.07............  Control of Gasoline     6/18/07           7/17/08, 73 FR 40970
                          and VOC Emissions
                          from Portable Fuel
                          Containers.
26.11.13.08............  Control of VOC          10/18/07          7/18/08, 73 FR 41268    New Regulation.
                          Emissions from Marine
                          Vessel Loading.
----------------------------------------------------------------------------------------------------------------
                               26.11.14 Control of Emissions From Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
26.11.14.01............  Definitions...........  1/8/01, 10/15/01  11/7/01, 66 FR 56220    (c)(170).
26.11.14.02............  Applicability.........  1/8/01            11/7/01, 66 FR 56220    (c)(170).
26.11.14.06............  Control of Volatile     1/8/01, 10/15/01  11/7/01, 66 FR 56220    (c)(170).
                          Organic Compounds.
----------------------------------------------------------------------------------------------------------------
                          26.11.17 Requirements for Major New Sources and Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01............  Definitions...........  10/22/07          8/2/12, 77 FR 45949.
26.11.17.02............  Applicability.........  10/22/07          8/2/12, 77 FR 45949.
26.11.17.03............  General Conditions....  10/22/07          8/2/12, 77 FR 45949.
26.11.17.04............  Creating Emission       10/22/07          8/2/12, 77 FR 45949     Revised; Former
                          Reduction Credits                                                 Regulation .04 is
                          (ERCs).                                                           repealed and
                                                                                            replaced in its
                                                                                            entirety.
26.11.17.05............  Information on          10/22/07          8/2/12, 77 FR 45949     Revised; Former
                          Emission Reductions                                               Regulation .05 is
                          and Certification.                                                repealed and
                                                                                            replaced in its
                                                                                            entirety.
26.11.17.06............  Transferring Emission   10/22/07          8/2/12, 77 FR 45949     Added.
                          Reduction Credits.
26.11.17.07............  Plantwide               10/22/07          8/2/12, 77 FR 45949     Added.
                          Applicability Limit
                          (PAL)--General.
26.11.17.08............  Plantwide               10/22/07          8/2/12, 77 FR 45949     Added.
                          Applicability Limit
                          (PAL)--Permits.
26.11.17.09............  Plantwide               10/22/07          8/2/12, 77 FR 45949     Added.
                          Applicability Limit
                          (PAL)--Monitoring,
                          Record Keeping, and
                          Reporting.
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
26.11.19.01............  Definitions...........  6/5/95            9/2/97, 62 FR 46199     (c)(126) Note: On 5/
                                                                                            13/1998 (63 FR
                                                                                            26462), EPA approved
                                                                                            the revised
                                                                                            definition of
                                                                                            ``major stationary
                                                                                            source of VOC ``
                                                                                            with a State
                                                                                            effective date of 5/
                                                                                            8/1995 [(c)(128)].
26.11.19.02............  Applicability,          3/5/12            1/25/13, 78 FR 5290     Amended sections
                          Determining                                                       .02D, .02E, .02G and
                          Compliance,                                                       .02I.
                          Reporting, and
                          General Requirements.
26.11.19.03............  Automotive and Light-   9/22/97           11/5/98, 63 FR 59720    (c)(140).
                          Duty Truck Coating.
26.11.19.04............  Can Coating...........  8/1/88            11/3/92, 57 FR 49651    (C)(90)(i)(B)(12).
26.11.19.05............  Coil Coating..........  8/1/88            11/3/92, 57 FR 49651    (C)(90)(i)(B)(12).
26.11.19.06............  Large Appliance         10/1/10           5/12/11, 76 FR 27610.
                          Coating.
26.11.19.07............  Paper, Fabric, Film,    5/16/11           10/17/11, 76 FR 64022   Revisions to Section
                          and Foil Coating.                                                 title and Sections
                                                                                            .07A and .07C(3).

[[Page 45]]

 
26.11.19.07-1..........  Control of VOC          6/15/98           6/17/99 64 FR 32415     (c)(142).
                          Emissions from Solid
                          Resin Decorative
                          Surface Manufacturing.
26.11.19.07-2..........  Plastic Parts and       5/16/11           10/17/11, 76 FR 64022   New Regulation.
                          Business Machines
                          Coating.
26.11.19.08............  Metal Furniture         8/1/88            11/3/92, 57 FR 49651    (C)(90)(i)(B)(12).
                          Coating.
26.11.19.09............  Control of Volatile     6/5/95            8/4/97 62 FR 41853      (c)(123).
                          Organic Compounds
                          (VOC) Emissions from
                          Cold and Vapor
                          Degreasing.
26.11.19.10............  Flexographic and        4/19/10           9/27/10 75 FR 59086     Revision to section
                          Rotogravure Printing.                                             .10B(2).
26.11.19.10-1..........  Flexible packaging      4/19/10           9/27/10, 75 FR 59086    New Regulation.
                          printing.
26.11.19.11............  Lithographic and        5/16/11           7/23/12                 Sections .11A through
                          Letterpress Printing.                    77 FR 43001              .11E are revised;
                                                                                            sections .11F
                                                                                            through .11H are
                                                                                            added.
26.11.19.12............  Dry Cleaning            9/22/97           9/2/98, 63 FR 46662     (c)(131).
                          Installations.
26.11.19.13............  Drum and Pail Coating.  5/16/11           10/17/11 76 FR 64017    Revisions to Section
                                                                                            title and Sections
                                                                                            .13A, .13B, and .13C
                                                                                            and addition of new
                                                                                            Section .13D.
26.11.19.13-1..........  Aerospace Coating       10/2/00, 10/15/   11/7/01, 66 FR 56220    (c)(169).
                          Operations.             01
26.11.19.13-2..........  Brake Shoe Coating      8/24/98           6/17/99, 64 FR 32415    (c)(142).
                          Operations.
26.11.19.13-3..........  Control of VOC          6/29/98           6/17/99, 64 FR 32415    (c)(142).
                          Emissions from
                          Structural Steel
                          Coating Operations.
26.11.19.14............  Manufacture of          5/8/91            11/29/94, 59 FR 60908   (c)(102)(i)(B)(14).
                          Synthesized
                          Pharmaceutical
                          Products.
26.11.19.15............  Paint, Resin, and       4/19/10           10/18/11, 76 FR 64237   Amendments to
                          Adhesive                                                          Sections .15A and
                          Manufacturing and                                                 .15C.
                          Adhesive and Sealant
                          Applications.
26.11.19.16............  Control of VOC          8/19/91           9/7/94, 59 FR 46180     (c)(103)(i)(B)(9).
                          Equipment Leaks.
26.11.19.17............  Control of Volatile     9/12/05           3/31/06, 71 FR 16237
                          Organic Compounds
                          (VOC) Emissions from
                          Yeast Manufacturing.
26.11.19.18............  Control of Volatile     6/10/02           1/15/03, 68 FR 1972     (c)(177).
                          Organic Compounds
                          (VOC) Emissions from
                          Screen Printing and
                          Digital Imaging.
26.11.19.19............  Control of Volatile     10/2/00           5/7/01, 66 FR 22924     (c)(156).
                          Organic Compounds
                          (VOC) Emissions from
                          Expandable
                          Polystyrene
                          Operations.
26.11.19.21............  Control of Volatile     7/3/95            10/15/97, 62 FR 53544   (c)(125)(i)(B)(4).
                          Organic Compounds
                          (VOC) Emissions from
                          Commercial Bakery
                          Ovens.
26.11.19.22............  Control of Volatile     8/11/97           9/23/99, 64 FR 41445    (c)(137).
                          Organic Compounds
                          (VOC) Emissions from
                          Vinegar Generators.
26.11.19.23............  Control of VOC          4/16/12           9/26/12, 77 FR 59093    Entire regulation
                          Emissions from                                                    revised.
                          Vehicle Refinishing.
26.11.19.24............  Control of VOC          8/11/97           9/23/99 64 FR 41445     (c)(137).
                          Emissions from
                          Leather Coating.
----------------------------------------------------------------------------------------------------------------
26.11.19.25............  Control of Volatile     8/11/97           1/26/99, 64 FR 3852     (c)(141).
                          Organic Compounds
                          from Explosives and
                          Propellant
                          Manufacturing.
26.11.19.26............  Control of Volatile     8/11/97           8/19/99, 64 FR 45182    (c)(139).
                          Organic Compound
                          Emissions from
                          Reinforced Plastic
                          Manufacturing.
26.11.19.27............  Control of Volatile     10/20/97          9/5/01, 66 FR 46379     (c)(166).
                          Organic Compounds
                          from Marine Vessel
                          Coating Operations.
26.11.19.28............  Control of Volatile     10/2/00           5/7/01, 66 FR 22924     (c)(157).
                          Organic Compounds
                          from Bread and Snack
                          Food Drying
                          Operations.

[[Page 46]]

 
26.11.19.29............  Control of Volatile     10/2/00, 10/15/   11/7/01, 66 FR 56220    (c)(160).
                          Organic Compounds       01
                          from Distilled
                          Spirits Facilities.
26.11.19.30............  Control of Volatile     4/21/08           10/18/11, 76 FR 64237   Amendments to
                          Organic Compounds                                                 Sections .30A, .30B,
                          from Chemical                                                     .30C and .30E.
                          Production and
                          Flouropolymer
                          Material
                          Installations.
26.11.19.31............  Control of Volatile     6/5/06            1/11/07, 72 FR 1289
                          Organic Compounds
                          from Medical Device
                          Manufacturing.
----------------------------------------------------------------------------------------------------------------
26.11.19.33............  Control of Volatile     4/19/10           1/26/11, 76 FR 4534     New Regulation.
                          Organic Compounds
                          (VOCs) from Flat wood
                          Paneling Coatings.
----------------------------------------------------------------------------------------------------------------
                                             26.11.20 Mobile Sources
----------------------------------------------------------------------------------------------------------------
26.11.20.02............  Motor Vehicle Emission  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(13) [as
                          Control Devices.                                                  26.11.20.06].
26.11.20.03............  Motor Vehicle Fuel      10/26/92          6/10/94, 59 FR 29957    (c)(101)(i)(B)(3).
                          Specifications.
26.11.20.04............  National Low Emission   3/22/99           12/28/99, 64 FR 72564   (c)(146).
                          Vehicle Program.
----------------------------------------------------------------------------------------------------------------
                       26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
26.11.24.01............  Definitions...........  1/29/07           1/17/08, 73 FR 3187     Addition of
                                                                                            ``Certified
                                                                                            Inspector'' and ``
                                                                                            `Vapor Recovery
                                                                                            System.''
26.11.24.01-1..........  Incorporation by        4/15/02           5/7/03, 68 FR 24363     (c)(178).
                          Reference.
26.11.24.02............  Applicability,          4/15/02           5/7/03, 68 FR 24363     (c)(178).
                          Exemptions, and
                          Effective Date.
26.11.24.03............  General Requirements..  4/15/02           5/7/03, 68 FR 24363     (c)(178).
26.11.24.04............  Testing Requirements..  2/28/05           5/8/06 71 FR 26688
----------------------------------------------------------------------------------------------------------------
26.11.24.05............  Inspection              2/15/93           6/9/94, 59 FR 29730     (c)(107).
                          Requirements.
26.11.24.05-1..........  Inspections by a        1/29/07           1/17/08, 73 FR 3187     Added Section.
                          Certified Inspector.
26.11.24.06............  Training Requirements   2/15/93           6/9/94, 59 FR 29730     (c)(107).
                          for Operation and
                          Maintenance of
                          Approved Systems.
26.11.24.07............  Record-Keeping and      2/28/05           5/8/06, 71 FR 26688
                          Reporting
                          Requirements.
26.11.24.08............  Instructional Signs...  2/15/93           6/9/94, 59 FR 29730     (c)(107).
26.11.24.09............  Sanctions.............  2/15/93           6/9/94, 59 FR 29730     (c)(107).
----------------------------------------------------------------------------------------------------------------
                                   26.11.25 Control of Glass Melting Furnaces
----------------------------------------------------------------------------------------------------------------
26.11.25.01............  Definitions...........  10/5/98           10/19/05, 70 FR 60738
26.11.25.02............  Applicability and       10/5/98           10/19/05, 70 FR 60738
                          Exemptions.
26.11.25.03............  Visible Emissions from  10/5/98           10/19/05, 70 FR 60738
                          Glass Melting
                          Furnaces.
26.11.25.04............  Particulate Matter      10/5/98           10/19/05, 70 FR 60738
                          Emissions from Glass
                          Melting Furnaces.
----------------------------------------------------------------------------------------------------------------
                                               26.11.26 Conformity
----------------------------------------------------------------------------------------------------------------
26.11.26.01............  Purpose...............  6/30/08           9/26/11, 76 FR 59254    New Regulation.
26.11.26.02............  Definitions...........  6/30/08           9/26/11, 76 FR 59254    Definitions added for
                                                                                            transportation
                                                                                            conformity;
                                                                                            definitions for
                                                                                            general conformity
                                                                                            were approved at
                                                                                            (c)(136).
26.11.26.03............  Transportation          6/30/08           9/26/11, 76 FR 59254    New Regulation.
                          Conformity.
26.11.26.04............  Transportation          6/30/08           9/26/11, 76 FR 59254    New Regulation.
                          Conformity--Consultat
                          ion in General.
26.11.26.05............  Transportation          6/30/08           9/26/11, 76 FR 59254    New Regulation.
                          Conformity--Interagen
                          cy Consultation
                          Requirements.

[[Page 47]]

 
26.11.26.06............  Transportation          6/30/08           9/26/11, 76 FR 59254    New Regulation.
                          Conformity--Dispute
                          Resolution.
26.11.26.07............  Transportation          6/30/08           9/26/11], 76 FR 59254   New Regulation.
                          Conformity--Public
                          Consultation
                          Procedures.
26.11.26.08............  Transportation          6/30/08           9/26/11, 76 FR 59254    New Regulation.
                          Conformity--Interagen
                          cy Consultation.
26.11.26.09............  General Conformity....  6/30/08           9/26/11, 76 FR 59254    Formerly SIP
                                                                                            regulation
                                                                                            26.11.26.03.
                                 26.11.27 Emission Limitations for Power Plants
----------------------------------------------------------------------------------------------------------------
26.11.27.01............  Definitions...........  7/16/07           9/4/08, 73 FR 51599
26.11.27.02............  Applicability and       7/16/07           9/4/08, 73 FR 51599
                          Exceptions.
26.11.27.03............  General Requirements..  7/16/07           9/4/08, 73 FR 51599     Exceptions:
                                                                                            Paragraphs
                                                                                            .03B(7)(a)(iii) and
                                                                                            .03D; the word
                                                                                            ``and'' at the end
                                                                                            of paragraph
                                                                                            .03B(7)(a)(ii).
26.11.27.05............  Monitoring and          7/16/07           9/4/08, 73 FR 51599
                          Reporting
                          Requirements.
26.11.27.06............  Judicial Review of      7/16/07           9/4/08, 73 FR 51599
                          Penalty Waivers.
----------------------------------------------------------------------------------------------------------------
                                       26.11.28 Clean Air Interstate Rule
----------------------------------------------------------------------------------------------------------------
26.11.28.01............  Definitions...........  6/16/08           10/30/09, 74 FR 56117
26.11.28.02............  Incorporation by        6/16/08           10/30/09, 74 FR 56117
                          Reference.
26.11.28.03............  Affected Units and      6/16/08           10/30/09, 74 FR 56117
                          General Requirements.
26.11.28.04............  Requirements for New    6/16/08           10/30/09, 74 FR 56117
                          Affected Trading
                          Units and NOX Set
                          Aside Pool.
26.11.28.05............  NOX Allowances for      6/16/08           10/30/09, 74 FR 56117
                          Renewable Energy
                          Projects and
                          Consumers of Electric
                          Power.
26.11.28.06............  NOX Allowances To Be    6/16/08           10/30/09, 74 FR 56117
                          Distributed to
                          Consumers of Electric
                          Power.
26.11.28.07............  Distribution of Unused  6/16/08           10/30/09, 74 FR 56117
                          NOX Allowances in the
                          Set Aside Pool.
26.11.28.08............  Allocation of NOX       6/16/08           10/30/09, 74 FR 56117   Annual and Ozone
                          Allowances.                                                       Season Allocations
                                                                                            start in 2010
                                                                                            instead of 2009.
----------------------------------------------------------------------------------------------------------------
                                   26.11.29 NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
26.11.29.01............  Definitions...........  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.02............  Incorporation by        5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Reference.
26.11.29.03............  Scope and               5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Applicability.
26.11.29.04............  General Requirements    5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          for Affected Trading
                          Sources.
26.11.29.05............  NOX Allowance           5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Allocations.
26.11.29.06............  Compliance Supplement   5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Pool.
26.11.29.07............  Allowance Banking.....  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.08............  Emission Monitoring...  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.09............  Requirements for New    11/24/03          3/22/04 69 FR 13236     (c)(186)(i)(C)(1)-(5)
                          Sources and Set-Aside                                             .
                          Pool.
26.11.29.10............  Reporting.............  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.11............  Record Keeping........  5/1/00            1/10/01 66 FR 1866      (c)(154)(i)(B)(1).
26.11.29.12............  End-of-Season           5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Reconciliation.
26.11.29.13............  Compliance              5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Certification.
26.11.29.14............  Penalties.............  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.15............  Requirements for        5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Affected Nontrading
                          Sources.
----------------------------------------------------------------------------------------------------------------
            26.11.30 Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
26.11.30.01............  Scope and               5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
                          Applicability.
26.11.30.02............  Definitions...........  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).

[[Page 48]]

 
26.11.30.03............  Procedures Relating to  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
                          Compliance Accounts
                          and Overdraft
                          Accounts.
26.11.30.04............  Procedures Relating to  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
                          General Accounts.
26.11.30.05............  Allowance Banking.....  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
26.11.30.06............  Allowance Transfers...  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
26.11.30.07............  Early Reductions......  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
26.11.30.08............  Opt-In Procedures.....  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
26.11.30.09............  Allocation of           6/19/06           11/03/06, 71 FR 64647   New column for 2008
                          Allowances.                                                       allocations.
----------------------------------------------------------------------------------------------------------------
               26.11.32 Control of Emissions of Volatile Organic Compounds From Consumer Products
----------------------------------------------------------------------------------------------------------------
26.11.32.01............  Applicability and       6/18/07           12/10/07 72 FR 69621
                          Exemptions.
26.11.32.02............  Incorporation by        6/18/07           12/10/07 72 FR 69621
                          Reference.
26.11.32.03............  Definitions...........  6/18/07           12/10/07 72 FR 69621
26.11.32.04............  Standards--General....  6/18/07           12/10/07 72 FR 69621
26.11.32.05............  Standards--Requirement  8/18/03           12/09/03 68 FR 68523    (c)(185).
                          s for Charcoal
                          Lighter Materials.
26.11.32.06............  Standards--Requirement  6/18/07           12/10/07 72 FR 69621
                          s for Aerosol
                          Adhesives.
26.11.32.07............  Standards--Requirement  8/18/03           12/09/03 68 FR 68523    (c)(185).
                          s for Floor Wax
                          Strippers.
26.11.32.08............  Requirements for        6/18/07           12/10/07 72 FR 69621    New Regulation.
                          Contact Adhesives,
                          Electronic Cleaners,
                          Footwear, or Leather
                          Care Products, and
                          General Purpose
                          Cleaners.
26.11.32.09............  Requirements for        6/18/07           12/10/07 72 FR 69621    New Regulation.
                          Adhesive Removers,
                          Electrical Cleaners,
                          and Graffiti Removers.
26.11.32.10............  Requirements for Solid  6/18/07           12/10/07 72 FR 69621    New Regulation.
                          Air Fresheners and
                          Toilet and Urinal
                          Care Products.
26.11.32.11............  Innovative Products--   6/18/07           12/10/07 72 FR 69621    Recodification of
                          CARB Exemption.                                                   existing Regulation
                                                                                            .08.
26.11.32.12............  Innovative Products--   6/18/07           12/10/07 72 FR 69621
                          Department Exemption.
26.11.32.13............  Administrative          6/18/07           12/10/07 72 FR 69621    Recodification of
                          Requirements.                                                     existing Regulation
                                                                                            .10; Amended.
26.11.32.14............  Reporting Requirements  6/18/07           12/10/07 72 FR 69621    Recodification of
                                                                                            existing Regulation
                                                                                            .11; Amended.
26.11.32.15............  Variances.............  6/18/07           12/10/07 72 FR 69621    Recodification of
                                                                                            existing Regulation
                                                                                            .12; Amended.
26.11.32.16............  Test Methods..........  6/18/07           12/10/07 72 FR 69621    Recodification of
                                                                                            existing Regulation
                                                                                            .13; Amended.
26.11.32.17............  Alternative Control     6/18/07           12/10/07 72 FR 69621    Recodification of
                          Plan (ACP).                                                       existing Regulation
                                                                                            .14; Amended.
26.11.32.18............  Approval of an ACP      6/18/07           12/10/07 72 FR 69621    Recodification of
                          Application.                                                      existing Regulation
                                                                                            .15; Amended.
26.11.32.19............  Record Keeping and      6/18/07           12/10/07 72 FR 69621    Recodification of
                          Availability of                                                   existing Regulation
                          Requested Information.                                            .16.
26.11.32.20............  Violations............  6/18/07           12/10/07 72 FR 69621    Recodification of
                                                                                            existing Regulation
                                                                                            .17.
26.11.32.21............  Surplus Reduction and   6/18/07           12/10/07 72 FR 69621    Recodification of
                          Surplus Trading.                                                  existing Regulation
                                                                                            .18; Amended.
26.11.32.22............  Limited-use surplus     6/18/07           12/10/07 72 FR 69621    Recodification of
                          reduction credits for                                             existing Regulation
                          early formulations of                                             .19; Amended.
                          ACP Products.
26.11.32.23............  Reconciliation of       6/18/07           12/10/07 72 FR 69621    Recodification of
                          Shortfalls.                                                       existing Regulation
                                                                                            .20; Amended.
26.11.32.24............  Modifications to an     6/18/07           12/10/07 72 FR 69621    Recodification of
                          ACP.                                                              existing Regulation
                                                                                            .21; Amended.
26.11.32.25............  Cancellation of an ACP  6/18/07           12/10/07 72 FR 69621    Recodification of
                                                                                            existing Regulation
                                                                                            .22; Amended.
26.11.32.26............  Transfer of an ACP....  6/18/07           12/10/07 72 FR 69621    Recodification of
                                                                                            existing Regulation
                                                                                            .23

[[Page 49]]

 
                                         26.11.33 Architectural Coatings
----------------------------------------------------------------------------------------------------------------
26.11.33.01............  Applicability and       3/29/04           5/12/05, 70 FR 24979
                          Exemptions.
26.11.33.02............  Test Methods--          3/29/04           5/12/05, 70 FR 24979
                          Incorporation by
                          Reference.
26.11.33.03............  Definitions...........  3/29/04           5/12/05, 70 FR 24979
26.11.33.04............  General Standard--VOC   3/29/04           5/12/05, 70 FR 24979
                          Content Limits.
26.11.33.05............  VOC Content Limits....  3/29/04           5/12/05, 70 FR 24979
26.11.33.06............  Most Restrictive VOC    2/28/05           10/19/05, 70 FR 60740   Addition of sections
                          Limit.                                                            B(15) through B(19).
26.11.33.07............  Painting Restrictions.  3/29/04           5/12/05, 70 FR 24979
26.11.33.08............  Thinning..............  3/29/04           5/12/05, 70 FR 24979
26.11.33.09............  Rust Preventive         3/29/04           5/12/05, 70 FR 24979
                          Coatings.
26.11.33.10............  Coatings Not Listed in  2/28/05           10/19/05, 70 FR 60740
                          Regulation .05.
26.11.33.11............  Lacquers..............  3/29/04           5/12/05, 70 FR 24979
26.11.33.12............  Container Labeling      2/28/05           10/19/05, 70 FR 60740   Deleted section K.
                          Requirements.
26.11.33.13............  Record Keeping          2/28/05           10/19/05, 70 FR 60740
                          Requirements.
26.11.33.14............  Compliance Provisions   3/29/04           5/12/05, 70 FR 24979
                          and Test Methods.
----------------------------------------------------------------------------------------------------------------
                         26.11.35 Volatile Organic Compounds from Adhesives and Sealants
----------------------------------------------------------------------------------------------------------------
26.11.35.01............  Applicability and       4/21/08           10/18/11, 76 FR 64237   New Section.
                          Exemptions.            6/1/09
26.11.35.02............  Incorporation by        4/21/08           10/18/11, 76 FR 64237   New Section.
                          Reference.
26.11.35.03............  Definitions...........  4/21/08           10/18/11, 76 FR 64237   New Section.
26.11.35.04............  Standards.............  4/21/08           10/18/11, 76 FR 64237   New Section.
26.11.35.05............  Administrative          4/21/08           10/18/11, 76 FR 64237   New Section.
                          Requirements.
26.11.35.06............  Compliance Procedures   4/21/08           10/18/11, 76 FR 64237   New Section.
                          and Test Methods.
26.11.35.07............  Container Labeling....  4/21/08           10/18/11, 76 FR 64237   New Section.
                                  11.14.08 Vehicle Emissions Inspection Program
----------------------------------------------------------------------------------------------------------------
11.14.08.01............  Title.................  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.02............  Definitions...........  1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                                                  98
11.14.08.03............  Applicability.........  6/10/02           1/16/03, 68 FR 2208     (c)(179).
11.14.08.04............  Exemptions............  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.05............  Schedule of the         1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          Program.                96
11.14.08.06............  Certificates..........  6/10/02           1/16/03, 68 FR 2208     (c)(179).
11.14.08.07............  Extensions............  1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                                                  98
11.14.08.08............  Enforcement...........  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.09............  Inspection Standards..  6/10/02           1/16/03, 68 FR 2208     (c)(179).
11.14.08.10............  General Requirements    1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          for Inspection and      96,
                          Preparation for         10/19/98
                          Inspection.
11.14.08.11............  Idle Exhaust Emissions  10/18/98          10/29/99, 64 FR 58340   (c)(144).
                          Test and Equipment
                          Checks.
11.14.08.11-1..........  Transient Exhaust       12/16/96, 10/19/  10/29/99, 64 FR 58340   (c)(144).
                          Emissions Test and      98
                          Evaporative Purge
                          Test Sequence.
11.14.08.12............  Evaporative Integrity   6/10/02           1/16/03, 68 FR 2208     (c)(179).
                          Test, Gas Cap Leak
                          Test, and On-Board
                          Diagnostics
                          Interrogation
                          Procedures.
11.14.08.13............  Failed Vehicle and      1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Reinspection
                          Procedures.
11.14.08.14............  Dynamometer System      1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Specifications.

[[Page 50]]

 
11.14.08.15............  Constant Volume         1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                          Sampler, Analysis       98
                          System, and Inspector
                          Control
                          Specifications.
11.14.08.16............  Evaporative Test        6/10/02           1/16/03, 68 FR 2208     (c)(179).
                          Equipment, Gas Cap
                          Leak Test Equipment,
                          and On-Board
                          Diagnostics
                          Interrogation
                          Equipment
                          Specifications.
11.14.08.17............  Quality Assurance and   1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Maintenance--General
                          Requirements.
11.14.08.18............  Test Assurance          1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Procedures.
11.14.08.19............  Dynamometer Periodic    1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Quality Assurance
                          Checks.
11.14.08.20............  Constant Volume         1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Sampler Periodic
                          Quality Assurance
                          Checks.
11.14.08.21............  Analysis System         1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Periodic Quality
                          Assurance Checks.
11.14.08.22............  Evaporative Test        1/2/95            10/29/99 64 FR 58340    (c)(144).
                          Equipment, Gas Cap     10/19/98
                          Leak Test Equipment
                          and On-Board
                          Diagnostics
                          Interrogation
                          Equipment Periodic
                          Quality Assurance
                          Checks.
11.14.08.23............  Overall System          1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Performance Quality
                          Assurance.
11.14.08.24............  Control Charts........  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.25............  Gas Specifications....  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.26............  Vehicle Emissions       1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Inspection Station.
11.14.08.27............  Technician's Vehicle    1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                          Report.                 98
11.14.08.28............  Feedback Reports......  1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                                                  98
11.14.08.29............  Certified Emissions     1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          Technician.             96
11.14.08.30............  Certified Emissions     1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          Repair Facility.        96
11.14.08.31............  On-Highway Emissions    1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Test.
11.14.08.32............  Fleet Inspection        1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          Station.                96,
                                                  10/19/98
11.14.08.33............  Fleet Inspection        1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Standards.
11.14.08.34............  Fleet Inspection and    1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Reinspection Methods.
11.14.08.35............  Fleet Equipment and     1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Quality Assurance
                          Requirements.
11.14.08.36............  Fleet Personnel         1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Requirements.
11.14.08.37............  Fleet Calibration Gas   1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Specifications and
                          Standard Reference
                          Materials.
11.14.08.38............  Fleet Recordkeeping     1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Requirements.
11.14.08.39............  Fleet Fees............  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.40............  Fleet License           1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Suspension and
                          Revocation.
11.14.08.41............  Audits................  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.42............  Fleet Inspection After  1/02/95, 2/16/    10/29/99, 64 FR 58340   (c)(144).
                          1998.                   96,
                                                  10/19/98
----------------------------------------------------------------------------------------------------------------

[[Page 51]]

 
                            03.03.05 Motor Fuel Inspection [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.05.01............  Definitions...........  12/18/95          1/30/96, 61 FR 2982     (c)(101)(i)(B)(4);
                                                                                            Approved as a
                                                                                            contingency SIP
                                                                                            measure as part of
                                                                                            the CO Maintenance
                                                                                            Plans for Baltimore
                                                                                            and DC. [(c)(117)
                                                                                            and (c)(118)].
03.03.05.01-1..........  Standard                12/18/95          1/30/96, 61 FR 2982
                          Specifications for
                          Gasoline.
03.03.05.02-1..........  Other Motor Vehicle     10/26/92          6/10/94, 58 FR 29957
                          Fuels.
03.03.05.05............  Labeling of Pumps.....  12/18/95          1/30/96, 61 FR 2982
03.03.05.08............  Samples and Test        10/26/92          6/10/94, 58 FR 29957
                          Tolerance.
03.03.05.15............  Commingled Products...  10/26/92          6/10/94, 58 FR 29957
----------------------------------------------------------------------------------------------------------------
                         03.03.06 Emissions Control Compliance [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.06.01............  Definitions...........  12/18/95          1/30/96, 61 FR 2982     (c)(101)(i)(B)(5);
                                                                                            Approved as a
                                                                                            contingency SIP
                                                                                            measure as part of
                                                                                            the CO Maintenance
                                                                                            Plans for Baltimore
                                                                                            and DC. [(c)(117)
                                                                                            and (c)(118)].
03.03.06.02............  Vapor Pressure          10/26/92          6/10/94, 58 FR 29957
                          Determination.
03.03.06.03............  Oxygen Content          12/18/95          1/30/96, 61 FR 2982
                          Determination.
03.03.06.04............  Registration..........  10/26/92          6/10/94, 58 FR 29957
03.03.06.05............  Record Keeping........  10/26/92          6/10/94, 58 FR 29957
03.03.06.06............  Transfer Documentation  12/18/95          1/30/96, 61 FR 2982
----------------------------------------------------------------------------------------------------------------
      20.79.01 Applications Concerning the Construction or Modification of Generating Stations and Overhead
                                           Transmission Lines--General
----------------------------------------------------------------------------------------------------------------
20.79.01.01A, .01C, and  Scope.................  12/28/09          2/10/12, 77 FR 6963     Added; limited
 .01D.                                                                                      approval.
20.79.01.02A and         Definitions...........  12/28/09          2/10/12, 77 FR 6963     Added; limited
 .02B(1) through (13),                                                                      approval.
 (14)(a), (15), (16),
 and (18) through (20).
20.79.01.06............  Modifications to        12/28/09          2/10/12, 77 FR 6963     Added; limited
                          Facilities at a Power                                             approval.
                          Plant.
----------------------------------------------------------------------------------------------------------------
      20.79.02 Applications Concerning the Construction or Modification of Generating Stations and Overhead
                                  Transmission Lines--Administrative Provisions
----------------------------------------------------------------------------------------------------------------
20.79.02.01............  Form of Application...  2/10/97           2/10/12, 77 FR 6963     Added; limited
                                                                                            approval.
20.79.02.02............  Distribution of         2/10/97;          2/10/12, 77 FR 6963     Added; limited
                          Application.           11/8/04                                    approval.
20.79.02.03............  Proceedings on the      2/10/97;          2/10/12, 77 FR 6963     Added; Limited
                          Application.           11/8/04                                    approval.
----------------------------------------------------------------------------------------------------------------
      20.79.03 Applications Concerning the Construction or Modification of Generating Stations and Overhead
                     Transmission Lines--Details of Filing Requirements--Generating Stations
----------------------------------------------------------------------------------------------------------------
20.79.03.01............  Description of          2/10/97;          2/10/12, 77 FR 6963     Added; limited
                          Generating Station.    11/8/04                                    approval.
20.79.03.02A and         Environmental           2/10/97;          2/10/12, 77 FR 6963     Added; limited
 .02B(1) and (2).         Information.           11/8/04                                    approval.
                                             TM Technical Memoranda
----------------------------------------------------------------------------------------------------------------
TM91-01 [Except Methods  Test Methods and        11/2/98           9/7/01, 66 FR 46727     (c)(153)(i)(D)(5)
 1004A through E].        Equipment                                                         (Supplement 3 is
                          Specifications for                                                added).
                          Stationary Sources.

[[Page 52]]

 
   Annotated Code of          Title/subject       State effective     EPA approval date          Additional
   Maryland citation                                    date                                    explanation/
                                                                                             citation at 40 CFR
                                                                                                  52.1100
----------------------------------------------------------------------------------------------------------------
                       Public Utility Companies Article of the Annotated Code of Maryland
----------------------------------------------------------------------------------------------------------------
Section 7-205..........  Electric Companies--    7/01/06           2/10/12, 77 FR 6963     Added; limited
                          Modification of Power                                             approval.
                          Plant.
Section 7-207(a),        Generating Stations or  7/01/07           2/10/12, 77 FR 6963     Added; limited
 (b)(1), (c), (d), and    Transmission Lines--                                              approval.
 (e).                     General Certification
                          Procedure.
Section 7-207.1(a) and   Generating Stations or  7/01/07           2/10/12, 77 FR 6963     Added; limited
 (e).                     Transmission Lines--                                              approval.
                          Onsite Generated
                          Electricity; Approval
                          Process.
Section 7-208 (a)(1),    Generating Stations or  7/01/01           2/10/12, 77 FR 6963     Added; limited
 (b) through (f), and     Transmission Lines--                                              approval.
 (h)(2).                  Joint Construction of
                          Station and
                          Associated Lines.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved state source-specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                        State effective                           Additional
         Name of source           Permit number/type         date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
GenOn Chalk Point Generating      The 2011 Consent    3/10/11...........  5/4/12, 77 FR       Docket No.
 Station.                          Decree for Chalk                        26438.              52.1070(d). The
                                   Point.                                                      SIP approval
                                                                                               includes specific
                                                                                               provisions of the
                                                                                               2011 Consent
                                                                                               Decree for which
                                                                                               the State of
                                                                                               Maryland
                                                                                               requested
                                                                                               approval on
                                                                                               October 12, 2011.
Northeast Maryland Waste          Secretarial Order.  11/20/81..........  7/7/82, 47 FR       52.1100(c)(65)
 Disposal Authority.                                                       29531.              (Wheelabrator-
                                                                                               Frye, Inc.).
Northeast Maryland Waste          Secretarial Order.  2/25/83...........  8/24/83, 45 FR      52.1100(c)(70)
 Disposal Authority and                                                    55179.              (Shutdown of
 Wheelabrator-Frye, Inc. and the                                                               landfill for
 Mayor and City Council of                                                                     offsets).
 Baltimore and BEDCO Development
 Corp.
Westvaco Corp...................  Consent Order.....  9/6/83; Rev. 1/26/  12/20/84, 49 FR     52.1100(c)(74).
                                                       84.                 49457.
Potomac Electric Power Company    Administrative      9/13/99...........  12/15/00, 65 FR     52.1100(c)(151).
 (PEPCO).                          Consent Order.                          78416.
Thomas Manufacturing Corp.......  Consent Decree....  2/15/01...........  11/15/01, 66 FR     52.1100(c)(167).
                                                                           57395.
Constellation Power Source        Consent Order and   4/25/01...........  2/27/02, 67 FR      52.1100(c)(168).
 Generation, Inc.--Brandon         NOX RACT                                8897.
 Shores Units 1 & 2;      Averaging Plan
 Gould Street Unit 3;     Proposal.
 H.A. Wagner Units 1,
 2, 3 & 4; C.P. Crane Units
 1 & 3; and Riverside
 Unit 4.
Kaydon Ring and Seal, Inc.......  Consent Order.....  3/5/04............  8/31/04, 69 FR      (c)(190).
                                                                           53002.
Perdue Farms, Inc...............  Consent Order.....  2/1/05............  1/11/07, 72 FR      52.1070(d)(1).
                                                                           1291.
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP         Applicable        State submittal                           Additional
            revision                geographic area          date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
Base Year Emissions Inventory...  Metropolitan        9/20/95...........  10/30/95, 60 FR     52.1075(a) CO.
                                   Baltimore Ozone                         55321.
                                   Nonattainment
                                   Area 1990.

[[Page 53]]

 
1990 Base Year Emissions          Metropolitan        3/21/94...........  1/30/96, 61 FR      52.1075(b) CO.
 Inventory.                        Washington Ozone   10/12/95..........   2931.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          All ozone           3/21/94...........  9/27/96, 61 FR      52.1075(c) VOC,
 Inventory.                        nonattainment                           50715.              NOX, CO.
                                   areas.
1990 Base Year Emissions          Kent & Queen        3/21/94...........  9/27/96, 61 FR      52.1075(d) VOC,
 Inventory.                        Anne's Counties.                        50715.              NOX, CO.
1990 Base Year Emissions          Metropolitan        3/21/94...........  4/23/97, 62 FR      52.1075(e) VOC,
 Inventory.                        Washington Ozone                        19676.              NOX, CO.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Metropolitan        12/24/97..........  7/8/98, 63 FR       52.1075(f) VOC,
 Inventory.                        Washington Ozone                        36854.              NOX.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Metropolitan        12/24/97..........  2/3/00, 65 FR 5245  52.1075(g) VOC,
 Inventory.                        Baltimore Ozone                                             NOX.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Philadelphia-       12/24/97, 4/29/98,  2/3/00, 65 FR       52.1075(h) VOC,
 Inventory.                        Wilmington-         12/21/99, 12/28/    5252, 9/19/01, 66   NOX.
                                   Trenton Ozone       00.                 FR 48209.
                                   Nonattainment
                                   Area (Cecil
                                   County).
15% Rate of Progress Plan.......  Philadelphia-       7/12/95, 95-20.            40457.
                                   Trenton Ozone
                                   Nonattainment
                                   Area (Cecil
                                   County).
Stage II Vapor Recovery           Western Maryland &  11/5/97...........  12/9/98, 63 FR      52.1076(b).
 Comparability Plan.               Eastern Shore                           67780.
                                   Counties.
15% Rate of Progress Plan.......  Metropolitan        10/7/98...........  2/3/00, 65 FR 5245  52.1076(c).
                                   Baltimore Ozone
                                   Nonattainment
                                   Area.
15% Rate of Progress Plan.......  Metropolitan        5/5/98............  7/19/00, 65 FR      52.1076(d).
                                   Washington Ozone                        44686.
                                   Nonattainment
                                   Area.
Post-1996 Rate of Progress Plan   Philadelphia-       12/24/97, 4/24/98.  2/3/00, 65 FR 5252  52.1076(f).
 & contingency measures.           Wilmington-
                                   Trenton Ozone
                                   Nonattainment
                                   Area (Cecil
                                   County).
                                                      8/18/98, 12/21/99.  9/19/01, 66 FR
                                                                           44809.
                                                      12/28/00, 3/8/04..  4/15/04, 69 FR      52.1076(f)(3).
                                                                           19939.
Ozone Attainment Plan...........  Philadelphia-       4/29/98, 8/18/98,   10/29/01, 66 FR     52.1076(h).
                                   Wilmington-         12/21/99, 12/28/    54578.
                                   Trenton Ozone       00, 8/31/01.
                                   Nonattainment
                                   Area (Cecil
                                   County).
                                                      9/2/03............  10/27/03, 68 FR
                                                                           61103.
Transportation Conformity         Philadelphia-       4/29/98, 8/18/98,   10/29/01, 66 FR     52.1076(i).
 Budgets.                          Wilmington-         12/21/99, 12/28/    54578.
                                   Trenton Ozone       00.
                                   Nonattainment
                                   Area (Cecil
                                   County).
Post-1996 Rate of Progress Plan   Metropolitan        12/24/97, 4/24/98,  9/26/01, 66 FR      52.1076(j).
 & contingency measures.           Baltimore Ozone     8/18/98, 12/21/     49108.
                                   Nonattainment       99, 12/28/00.
                                   Area.
Ozone Attainment Plan...........  Metropolitan        4/29/98, 8/18/98,   10/30/01, 66 FR     52.1076(k).
                                   Baltimore Ozone     12/21/99, 12/28/    54666.
                                   Nonattainment       00, 8/31/01.
                                   Area.
                                                      9/2/03............  10/27/03, 68 FR     52.1076(k).
                                                                           61103.
Mobile budgets..................  Metropolitan        8/31/01...........  10/30/01, 66 FR     52.1076(l).
                                   Baltimore Ozone                         54666.
                                   Nonattainment
                                   Area.
                                                      9/2/03............  10/27/03, 68 FR
                                                                           61103.
Mobile budgets (2005)...........  Metropolitan        9/2/03............  10/27/03, 68 FR     52.1076(m).
                                   Baltimore Ozone                         61103.
                                   Nonattainment
                                   Area.
                                  Philadelphia-
                                   Wilmington-
                                   Trenton Ozone
                                   Nonattainment
                                   Area (Cecil
                                   County).

[[Page 54]]

 
Mobile budgets (2005 Rate of      Metropolitan        11/3/03...........  2/13/04, 69 FR      52.1076(n).
 Progress Plan).                   Baltimore Ozone                         7133.
                                   Nonattainment
                                   Area.
Extension for incorporation of    All ozone           7/9/02............  1/16/03, 68 FR      52.1078(b).
 the on-board diagnostics (OBD)    nonattainment                           2208.
 testing program into the          areas.
 Maryland I/M SIP.
Photochemical Assessment          Metropolitan        3/24/94...........  9/11/95, 60 FR      52.1080.
 Monitoring Stations (PAMS)        Baltimore and                           47081.
 Program.                          Metropolitan
                                   Washington Ozone
                                   Nonattainment
                                   Areas.
Consultation with Local           All nonattainment   10/8/81...........  4/8/82, 47 FR       52.1100(c)(63).
 Officials (CAA Sections 121 &     & PSD areas.                            15140.
 127).
Lead (Pb) SIP...................  City of Baltimore.  10/23/80..........  2/23/82, 47 FR      52.1100(c)(60),
                                                                           7835.               (61).
TM90-01--``Continuous    Statewide.........  9/18/91...........  2/28/96, 61 FR      52.1100(c)(106);
 Emission Monitoring Policies                                              7418.               approved into SIP
 and Procedures''--October 1990.                                                               as ``additional
                                                                                               material'', but
                                                                                               not IBR'd.
Carbon Monoxide Maintenance Plan  City of Baltimore-- 9/20/95...........  10/31/95 60 FR      52.1100(c)(117).
                                   Regional Planning  7/15/04...........   55321.             Revised Carbon
                                   District 118.      7/15/04...........  4/04/05 70 FR        Monoxide
                                                                           16958.              Maintenance Plan
                                                                                               Base Year
                                                                                               Emissions
                                                                                               Inventory using
                                                                                               MOBILE6.
Carbon Monoxide Maintenance Plan  Montgomery County   10/12/95..........  1/30/96 61 FR 2931  52.1100(c)(118).
                                   Election           3/3/04............  4/04/05 70 FR       Revised Carbon
                                   Districts 4, 7,                         16958.              Monoxide
                                   and 13; Prince                                              Maintenance Plan
                                   Georges County                                              Base Year
                                   Election                                                    Emissions
                                   Districts 2, 6,                                             Inventory using
                                   12, 16, 17, and                                             MOBILE6.
                                   18.
----------------------------------------------------------------------------------------------------------------
Ozone Maintenance Plan..........  Kent and Queen      2/4/04............  10/21/04, 69 FR     52.1100(c)(187);
                                   Anne's Counties.                        61766.              SIP effective
                                                                                               date is 11/22/04.
1996-1999 Rate-of-Progress Plan   Washington DC 1-    12/20/97, 5/20/99.  5/16/05, 70 FR      Only the TCMs in
 SIP and the Transportation        hour ozone                              25688.              Appendix H of the
 Control Measures (TCMs) in        nonattainment                                               5/20/1999
 Appendix H.                       area.                                                       revision.
                                                                                              1999 motor vehicle
                                                                                               emissions budgets
                                                                                               of 128.5 tons per
                                                                                               day (tpy) of VOC
                                                                                               and 196.4 tpy of
                                                                                               NOX.
1990 Base Year Inventory          Washington DC 1-    9/2/03, 2/24/04...  5/16/05, 70 FR      .
 Revisions.                        hour ozone                              25688.
                                   nonattainment
                                   area.
1999-2005 Rate-of-Progress Plan   Washington DC 1-    9/2/03, 2/24/04...  5/16/05, 70 FR      Only the TCMs in
 SIP Revision and the              hour ozone                              25688.              Appendix J of the
 Transportation Control Measures   nonattainment                                               2/24/2004
 (TCMs) in Appendix J.             area.                                                       revision 2002
                                                                                               motor vehicle
                                                                                               emissions budgets
                                                                                               (MVEBs) of 125.2
                                                                                               tons per day
                                                                                               (tpy) for VOC and
                                                                                               290.3 tpy of NOX,
                                                                                               and, 2005 MVEBs
                                                                                               of 97.4 tpy for
                                                                                               VOC and 234.7 tpy
                                                                                               of NOX.
VMT Offset SIP Revision.........  Washington DC 1-    9/2/03, 2/24/04...  5/16/05, 70 FR
                                   hour ozone                              25688.
                                   nonattainment
                                   area.
Contingency Measure Plan........  Washington, DC      9/2/03, 2/24/04...  5/16/05, 70 FR
                                   Area.                                   25688.
1-hour Ozone Modeled              Washington DC 1-    9/2/03, 2/24/04...  5/16/05, 70 FR
 Demonstration of Attainment.      hour ozone                              25688.
                                   nonattainment
                                   area.

[[Page 55]]

 
Attainment Demonstration and      Washington County.  12/20/04, 2/28/05.  8/17/05, 70 FR
 Early Action Plan for the                                                 48283.
 Washington County Ozone Early
 Action Compact Area.
1-Hour Ozone Attainment Plan....  Washington DC 1-    9/2/03 2/24/04....  11/16/05 70 FR
                                   hour ozone                              69440.
                                   nonattainment
                                   area.
8-Hour Ozone Maintenance Plan     Kent and Queen      5/2/06 5/19/06....  12/22/06 71 FR
 for the Kent and Queen Anne's     Anne's Counties.                        76920.
 Area.
Reasonable Further Progress Plan  Baltimore 1997 8-   6/4/07............  6/4/10, 75 FR
 (RFP), Reasonably Available       hour ozone                              31709.
 Control Measures, and             moderate
 Contingency Measures.             nonattainment
                                   area.
2002 Base Year Inventory for      Baltimore 1997 8-   6/4/07............  6/4/10, 75 FR
 VOC, NOX, and CO.                 hour ozone                              31709.
                                   moderate
                                   nonattainment
                                   area.
2008 RFP Transportation           Baltimore 1997 8-   6/4/07............  6/4/10, 75 FR
 Conformity Budgets.               hour ozone                              31709.
                                   moderate
                                   nonattainment
                                   area.
Reasonable Further Progress Plan  Maryland portion    6/4/07............  6/11/10, 75 FR
 (RFP), Reasonably Available       of the                                  33172.
 Control Measures, and             Philadelphia 1997
 Contingency Measures.             8-hour ozone
                                   moderate
                                   nonattainment
                                   area.
2002 Base Year Inventory for      Maryland portion    6/4/07............  6/11/10, 75 FR
 VOC, NOX, and CO.                 of the                                  33172.
                                   Philadelphia 1997
                                   8-hour ozone
                                   moderate
                                   nonattainment
                                   area.
2008 RFP Transportation           Maryland portion    6/4/07............  6/11/10, 75 FR
 Conformity Budgets.               of the                                  33172.
                                   Philadelphia 1997
                                   8-hour ozone
                                   moderate
                                   nonattainment
                                   area.
Reasonable Further Progress Plan  Washington DC-MD-   6/12/07...........  9/20/11,76 FR
 (RFP), Reasonably Available       VA 1997 8-hour                          58116..
 Control Measures, and             ozone moderate
 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.
Section 110(a)(2) Infrastructure  Statewide.........  7/27/07, 11/30/07,  11/25/11, 76 FR     This action
 Requirements for the 1997 8-                                              72624.              addresses the
 Hour Ozone NAAQS.                                                                             following CAA
                                                                                               elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
                                                      7/31/09, 6/23/11..  8/2/12, 77 FR       This action
                                                                           45949.              addresses the
                                                                                               following CAA
                                                                                               elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(C),
                                                                                               (D)(i)(II), and
                                                                                               (J).
Section 110(a)(2) Infrastructure  Statewide.........  4/3/08, 4/16/10...  11/25/11, 76 FR     This action
 Requirements for the 1997 PM2.5                                           72624.              addresses the
 NAAQS.                                                                                        following CAA
                                                                                               elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).

[[Page 56]]

 
                                                      7/31/09, 6/23/11..  8/2/12, 77 FR       This action
                                                                           45949.              addresses the
                                                                                               following CAA
                                                                                               elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(C),
                                                                                               (D)(i)(II), and
                                                                                               (J).
Section 110(a)(2) Infrastructure  Statewide.........  4/16/10, 7/21/10..  11/25/11, 76 FR     This action
 Requirements for the 2006 PM2.5                                           72624.              addresses the
 NAAQS.                                                                                        following CAA
                                                                                               elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
                                                      7/31/09, 6/23/11..  8/2/12, 77 FR       This action
                                                                           45949.              addresses the
                                                                                               following CAA
                                                                                               elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(C),
                                                                                               (D)(i)(II), and
                                                                                               (J).
RACT under the 1997 8-hour ozone  Statewide.........  10/17/11..........  7/13/12, 77 FR      ..................
 NAAQS.                                                                    41278.
Maryland Regional Haze Plan.....  Statewide.........  2/13/12...........  7/6/2012, 77 FR
                                                                           33938.
2002 Base Year Emissions          Maryland portion    4/3/08............  10/10/12, 77 FR     Sec. 52.1075(l)
 Inventory for the 1997 fine       of the Washington                       61513.
 particulate matter (PM2.5)        DC-MD-VA 1997
 standard.                         PM2.5
                                   nonattainment
                                   area.
Attainment Demonstration for the  Maryland-           06/04/07..........  10/29/12, 77 FR
 1997 8-Hour Ozone National        Philadelphia-                           65488.
 Ambient Air Quality Standard      Wilmington-
 and its Associated Motor          Atlantic City
 Vehicle Emissions Budgets.        Moderate
                                   Nonattainment
                                   Area.
2002 Base Year Emissions          Washington County,  6/6/08............  12/7/12, 77 FR      Sec. 52.1075(m)
 Inventory for the 1997 fine       Maryland 1997                           72966.
 particulate matter (PM2.5)        PM2.5
 standard.                         nonattainment
                                   area.
2002 Base Year Emissions          Baltimore,          6/8/08............  12/10/12, 77 FR     Sec. 52.1075(n)
 Inventory for the 1997 fine       Maryland 1997                           73313.
 particulate matter (PM2.5)        PM2.5
 standard.                         nonattainment
                                   area.
----------------------------------------------------------------------------------------------------------------


[69 FR 69306, Nov. 29, 2004]

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

    Effective Date Note: At 78 FR 34914, June 11, 2013, Sec. 52.1070 
was amended in paragraph (c), in the table, by adding entries in 
numerical order for COMAR 26.11.34, effective July 11, 2013. For the 
convenience of the user, the added text is set forth as follows:



Sec. 52.1070  Identification of plan.

                                * * * * *

    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
      Code of Maryland                                  State                             Additional explanation/
 administrative regulations       Title/subject       effective      EPA approval date       citation at 40 CFR
      (COMAR) citation                                   date                                     52.1100
----------------------------------------------------------------------------------------------------------------
 

[[Page 57]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     26.11.34 Low Emissions Vehicle Program
----------------------------------------------------------------------------------------------------------------
26.11.34.01................  Purpose...............     12/17/07  6/11/13; 78 FR 34911..
26.11.34.02 (except          Incorporation by            5/16/11  6/11/13; 78 FR 34911..
 .02B(17)).                   Reference.                11/16/09
                                                        12/17/07
26.11.34.03................  Applicability and          12/17/07  6/11/13; 78 FR 34911..
                              Exemptions.
26.11.34.04................  Definitions...........     12/17/07  6/11/13; 78 FR 34911..
26.11.34.05................  Emissions Requirements     12/17/07  6/11/13; 78 FR 34911..
26.11.34.06................  Fleet Average NMOG         12/17/07  6/11/13; 78 FR 34911..
                              Requirements.
26.11.34.07................  Initial NMOG Credit        12/17/07  6/11/13; 78 FR 34911..
                              Account Balances.
26.11.34.08................  Fleet Average              12/17/07  6/11/13; 78 FR 34911..
                              Greenhouse Gas
                              Requirements.
26.11.34.09................  Zero Emission Vehicle      12/17/07  6/11/13; 78 FR 34911..
                              (ZEV) Requirements.
26.11.34.10................  Initial ZEV Credit         12/17/07  6/11/13; 78 FR 34911..
                              Account Balances.
26.11.34.11................  Vehicle Testing.......     12/17/07  6/11/13; 78 FR 34911..
26.11.34.12................  Warranty..............     12/17/07  6/11/13; 78 FR 34911..
26.11.34.13................  Manufacturer               12/17/07  6/11/13; 78 FR 34911..
                              Compliance
                              Demonstration.
26.11.34.14................  Enforcement...........     12/17/07  6/11/13; 78 FR 34911..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *



Sec. 52.1071  Classification of regions.

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

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


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



Sec. 52.1072  Conditional approval.

    (a)-(d) [Reserved]
    (e) Maryland's severe ozone nonattainment area SIP for the 
Metropolitan Washington area, which includes the 1996-1999 portion of 
the rate-of-progress plan submitted on December 24, 1997 and May 20, 
1999 and the transportation control measures in Appendix H of the May 
25, 1999 submittal, and the severe ozone attainment demonstration 
submitted on April 29, 1998, August 17, 1998, February 14, 2000 and

[[Page 58]]

section 9.1.1.2 of the March 22, 2000 submittal and the transportation 
control measures in Appendix J of the February 9, 2000 submittal, is 
conditionally approved contingent on Maryland submitting a revised SIP 
by April 17, 2004 that satisfies certain conditions. This conditional 
approval also establishes motor vehicle emissions budgets for 2005 of 
101.8 tons per day of volatile organic compounds (VOC) and 161.8 tons 
per day of nitrogen oxides (NOX) to be used in transportation 
conformity in the Metropolitan Washington, DC serious ozone 
nonattainment area until revised budgets based upon the MOBILE6 model 
are submitted and found adequate. Maryland must submit a revised SIP by 
April 17, 2004 that satisfies the following conditions.
    (1) Revises the 1996-1999 portion of the severe area ROP plan to 
include a contingency plan containing those adopted measures that 
qualify as contingency measures to be implemented should EPA determine 
that the Washington area failed to achieve the required 9 percent rate-
of-progress reductions by November 15, 1999.
    (2) Revises the 1999-2005 portion of the severe area rate-of-
progress plan to provide MOBILE6-based mobile source emission budgets 
and adopted measures sufficient to achieve emission reductions of ozone 
precursors of at least 3 percent per year from November 15, 1999 to the 
November 15, 2005 severe ozone attainment date.
    (3) Revises the severe area ROP plan to include a contingency plan 
containing those adopted measures that qualify as contingency measures 
to be implemented should EPA determine that the Washington area failed 
to achieve the ROP reductions required for the post-1999 period.
    (4) Revises the Washington area severe attainment demonstration to 
include a contingency plan containing those adopted measures that 
qualify as contingency measures to be implemented for the failure of the 
Washington area to attain the one-hour ozone standard for serious areas 
by November 15, 1999.
    (5) Revises the Washington area severe attainment demonstration to 
reflect revised MOBILE6-based motor vehicle emissions budgets, including 
revisions to the attainment modeling/weight of evidence demonstration 
and adopted control measures, as necessary, to show that the SIP 
continues to demonstrate attainment by November 15, 2005.
    (6) Revises the Washington area severe attainment demonstration to 
include a contingency plan containing those measures to be implemented 
if the Washington area does not attain the one-hour ozone standard by 
November 15, 2005.
    (7) Revises the Washington area severe attainment demonstration to 
include a revised RACM analysis and any revisions to the attainment 
demonstration including adopted control measures, as necessitated by 
such analysis.
    (8) Revises the major stationary source threshold to 25 tons per 
year.
    (9) Revises Reasonably Available Control Technology (RACT) rules to 
include the lower major source applicability threshold.
    (10) Revises new source review offset requirement to require an 
offset ratio of at least 1.3 to 1.
    (11) Includes a fee requirement for major sources of volatile 
organic compounds (VOC) and nitrogen oxides (NOX) should the 
area fail to attain by November 15, 2005.
    (12) Includes a revision that identifies and adopts specific 
enforceable transportation control strategies and transportation control 
measures to offset any growth in emissions from growth in vehicle miles 
traveled or number of vehicle trips and to attain reductions in motor 
vehicle emissions as necessary, in combination with other emission 
reduction requirements in the Washington area, to comply with the rate-
of-progress requirements for severe areas. Measures specified in section 
108(f) of the Clean Air Act will be considered and implemented as 
necessary to demonstrate attainment.

[62 FR 40944, July 31, 1997, as amended at 62 FR 49616, Sept. 23, 1997; 
62 FR 52666, Oct. 9, 1997; 63 FR 47179, Sept. 4, 1998; 64 FR 33200, June 
22, 1999; 64 FR 58344, Oct. 29, 1999; 65 FR 5252, Feb. 3, 2000; 65 FR 
44689, July 19, 2000; 66 FR 9527, Feb. 8, 2001; 68 FR 19131, Apr. 17, 
2003; 74 FR 24705, May 26, 2009]

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

[[Page 59]]


    Effective Date Note: At 78 FR 33984, June 6, 2013, Sec. 52.1072 was 
removed and reserved, effective Aug. 5, 2013.



Sec. 52.1073  Approval status.

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

In addition, continued satisfaction of the requirements of Part D for 
the ozone portion of the SIP depends on the adoption and submittal of 
RACT requirements by July 1, 1980, for the sources covered by CTGs 
issued between January 1978 and January 1979 and adoption and submittal 
by each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.
    (c) Code of Maryland Air Regulations (COMAR) 26.11.13.06 is approved 
with the following exception:
    (i) Distributors and retailers of gasoline-ethanol blends as defined 
by 40 CFR 80.27(d)(2) are subject to the provisions of 40 CFR 
80.27(d)(1) through 40 CFR 80.27(d)(3).
    (d) Letter of November 13, 1993, from the Maryland Department of the 
Environment transmitting a commitment to adopt either the Federal clean 
fuel fleet program or an alternative substitute program by May 15, 1994.
    (e)-(g) [Reserved]

[38 FR 33716, Dec. 6, 1973, as amended at 45 FR 53475, Aug. 12, 1980; 47 
FR 20128, May 11, 1982; 56 FR 23808, May 24, 1991; 58 FR 50848, Sept. 
29, 1993; 61 FR 16061, Apr. 11, 1996; 63 FR 47179, Sept. 4, 1998; 70 FR 
25718, 25724, May 13, 2005; 70 FR 69443, Nov. 16, 2005; 74 FR 24705, May 
26, 2009; 75 FR 82556, Dec. 30, 2010; 77 FR 52605, Aug. 30, 2012]

    Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1073 
was amended by removing and reserving paragraphs (b),(c), and (d), 
effective Aug. 5, 2013.



Sec. 52.1074  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 698(f) of the Maryland Air Quality Control Act could, in 
some circumstances, prohibit the disclosure of emission data to the 
public. Therefore, section 698(f) is disapproved.

[39 FR 34536, Sept. 26, 1974, and 47 FR 20128, May 11, 1982, as amended 
at 51 FR 40676, Nov. 7, 1986]

    Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1074 
was removed and reserved, effective Aug. 5, 2013.



Sec. 52.1075  Base year emissions inventory.

    (a) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventory for the Baltimore 
Metropolitan Statistical Area, submitted by the Secretary, Maryland 
Department of the Environment, on September 20, 1995. This submittal 
consists of the 1990 base year stationary, area, off-road mobile and on-
road mobile emission inventories in the Baltimore Metropolitan 
Statistical Area for the pollutant, carbon monoxide (CO).
    (b) EPA approves as a revision to the Maryland Implementation Plan 
the 1990 base year emission inventory for the Washington Metropolitan 
Statistical Area, submitted by Secretary, Maryland Department of the 
Environment, on March 21, 1994 and October 12, 1995. This submittal 
consist of the 1990 base year stationary, area and off-road mobile and 
on-road mobile emission inventories in the Washington Statistical Area 
for the pollutant, carbon monoxide (CO).
    (c) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventories for the Maryland ozone 
nonattainment areas submitted by the Secretary of Maryland Department of 
Environment on March 21, 1994. This submittal consists of the 1990 base 
year point, area, non-road mobile, biogenic and on-road mobile source 
emission inventories for

[[Page 60]]

the following pollutants: volatile organic compounds (VOC), carbon 
monoxide (CO), and oxides of nitrogen (NOX).
    (d) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventories for the Maryland ozone 
nonattainment areas: Baltimore nonattainment areas, Cecil County, and 
Kent and Queen Anne's Counties submitted by the Secretary of Maryland 
Department of Environment on March 21, 1994. This submittal consists of 
the 1990 base year point, area, non-road mobile, biogenic and on-road 
mobile source emission inventories for the following pollutants: 
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of 
nitrogen (NOX).
    (e) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventory for the Maryland portion of 
the Metropolitan Washington DC ozone nonattainment area submitted by the 
Secretary of MDE on March 21, 1994. This submittal consists of the 1990 
base year point, area, highway mobile, non-road mobile, and biogenic 
source emission inventories in the area for the following pollutants: 
Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of 
nitrogen (NOX).
    (f) EPA approves as a revision to the Maryland State Implementation 
Plan an amendment to the 1990 base year emission inventories for the 
Maryland portion of the Metropolitan Washington DC ozone nonattainment 
area submitted by the Secretary of Maryland of the Department 
Environment on December 24, 1997. This submittal consists of amendments 
to the 1990 base year point, area, highway mobile, and non-road mobile 
source emission inventories in the area for the following pollutants: 
Volatile organic compounds (VOC), and oxides of nitrogen 
(NOX).
    (g) EPA approves revisions to the Maryland State Implementation Plan 
amending the 1990 base year emission inventories for the Baltimore ozone 
nonattainment area, submitted by the Secretary of Maryland Department of 
the Environment on December 24, 1997. This submittal consists of 
amendments to the 1990 base year point, area, highway mobile and non-
road mobile source emission inventories for volatile organic compounds 
and nitrogen oxides in the Baltimore ozone nonattainment area.
    (h) EPA approves revisions to the Maryland State Implementation Plan 
amending the 1990 base year emission inventories for the Cecil County 
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area, 
submitted by the Secretary of the Maryland Department of the Environment 
on December 24, 1997. This submittal consists of amendments to the 1990 
base year point, area, highway mobile and non-road mobile source 
emission inventories for volatile organic compounds and nitrogen oxides 
in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area.
    (i) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventories for the Baltimore 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of the 
Maryland Department of the Environment on June 4, 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).
    (j) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventories for the Maryland portion 
of the Philadelphia 1997 8-hour ozone moderate nonattainment area 
submitted by the Secretary of the Maryland Department of the Environment 
on June 4, 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).
    (k) EPA approves as a revision to the Maryland 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 
Secretary

[[Page 61]]

of the Maryland Department of the Environment on June 4, 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).
    (l) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventory for the Maryland portion of 
the Washington DC-MD-VA 1997 fine particulate matter (PM2.5) 
nonattainment area submitted by the Maryland Department of Environment 
on April 3, 2008. The 2002 base year emissions inventory includes 
emissions estimates that cover the general source categories of point 
sources, non-road mobile sources, area sources, on-road mobile sources, 
and biogenic sources. The pollutants that comprise the inventory are 
nitrogen oxides (NOX), volatile organic compounds (VOCs), 
PM2.5, coarse particles (PM10), ammonia 
(NH3), and sulfur dioxide (SO2).
    (m) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventory for the Washington County, 
Maryland 1997 fine particulate matter (PM2.5) nonattainment 
area submitted by the Maryland Department of Environment on June 6, 
2008. The 2002 base year emissions inventory includes emissions 
estimates that cover the general source categories of point sources, 
non-road mobile sources, area sources, on-road mobile sources, and 
biogenic sources. The pollutants that comprise the inventory are 
nitrogen oxides (NOX), volatile organic compounds (VOCs), 
PM2.5, coarse particles (PM10), ammonia 
(NH3), and sulfur dioxide (SO2).
    (n) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventory for the Baltimore, Maryland 
1997 fine particulate matter (PM2.5) nonattainment area 
submitted by the Maryland Department of Environment on June 6, 2008. The 
2002 base year emissions inventory includes emissions estimates that 
cover the general source categories of point sources, non-road mobile 
sources, area sources, on-road mobile sources, and biogenic sources. The 
pollutants that comprise the inventory are nitrogen oxides 
(NOX), volatile organic compounds (VOCs), PM2.5, 
coarse particles (PM10), ammonia (NH3), and sulfur 
dioxide (SO2).

[60 FR 55326, Oct. 31, 1995]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1075, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1076  Control strategy plans for attainment and rate-of-progress: Ozone.

    (a) EPA is approving as a revision to the Maryland State 
Implementation Plan the 15 Percent Rate of Progress Plan and associated 
contingency measures for the Cecil County ozone nonattainment area, 
submitted by the Secretary of the Maryland Department of the Environment 
on July 21, 1995.
    (b) EPA approves as a revision to the Maryland State Implementation 
Plan, the Stage II vapor recovery comparability plan for the counties of 
Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, 
St. Mary's, Talbot, Washington, Wicomico, and Worcester Counties 
submitted by the Maryland Department of the Environment on November 5, 
1997.
    (c) EPA approves as a revision to the Maryland State Implementation 
Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone 
nonattainment area, submitted by the Secretary of Maryland Department of 
the Environment on October 7, 1998.
    (d) EPA approves the Maryland's 15 Percent Rate of Progress Plan for 
the Maryland portion of the Metropolitan Washington, D.C. ozone 
nonattainment area, submitted by the Secretary of the Maryland 
Department of the Environment on May 5, 1998.
    (e) [Reserved]
    (f)(1) EPA approves revisions to the Maryland State Implementation 
Plan for post 1996 rate of progress plans for milestone years 1999, 2002 
and 2005 for the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area. These revisions were submitted by the 
Secretary of the Maryland Department of the Environment on December 24, 
1997, as revised on April 24 and August 18, 1998, December 21, 1999 and 
December 28, 2000.

[[Page 62]]

    (2) EPA approves the contingency plans for failure to meet rate of 
progress in the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area for milestone years 1999, 2002 and 
2005. These plans were submitted by the Secretary of the Maryland 
Department of the Environment on December 24, 1997, as revised on April 
24 and August 18, 1998, December 21, 1999 and December 28, 2000.
    (3) EPA approves revisions to the Maryland State Implementation 
Plan, submitted by the Secretary of the Maryland Department of the 
Environment on March 8, 2004, for the rate-of-progress (ROP) plan for 
year 2005 for the Cecil County portion of the Philadelphia-Wilmington-
Trenton 1-hour ozone nonattainment area. These revisions update Cecil 
County's 2005 ROP plan's 1990 and 2005 motor vehicle emissions 
inventories and motor vehicle emissions budgets to reflect the use of 
the MOBILE6 emissions model, establish motor vehicle emissions budgets 
of 3.0 tons per day (tpd) of volatile organic compounds and 11.3 tpd of 
nitrogen oxides, and amend the contingency measures associated with the 
2005 ROP plan for Cecil County.
    (g) [Reserved]
    (h) EPA approves the attainment demonstration for the Philadelphia 
area submitted as a revision to the State Implementation Plan by the 
Maryland Department of the Environment on April 29, 1998, August 18, 
1998, December 21, 1999, December 28, 2000, August 31, 2001, and 
September 2, 2003 including its RACM analysis and determination. EPA is 
also approving the revised enforceable commitments made to the 
attainment plan for the Baltimore severe ozone nonattainment area which 
were submitted on December 28, 2000. The enforceable commitments are to 
submit measures by October 31, 2001 for additional emission reductions 
as required in the attainment demonstration test, and to revise the SIP 
and motor vehicle emissions budgets by October 31, 2001 if the 
additional measures affect the motor vehicle emissions inventory; and to 
perform a mid-course review by December 31, 2003.
    (i) EPA approves the following mobile budgets of Maryland's 
attainment plan for the Philadelphia area:

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

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

[[Page 63]]

attainment plan for the Baltimore severe ozone nonattainment area which 
were submitted on December 28, 2000. The enforceable commitments are to 
submit measures by October 31, 2001 for additional emission reductions 
as required in the attainment demonstration test, and to revise the SIP 
and motor vehicle emissions budgets by October 31, 2001 if the 
additional measures affect the motor vehicle emissions inventory; and to 
perform a mid-course review by December 31, 2003.
    (l) EPA approves the following mobile budgets of the Baltimore area 
attainment plan:

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

    (1) [Reserved]
    (2) Similarly, EPA is approving the 2005 attainment demonstration 
and its current budgets because Maryland has provided an enforceable 
commitment to submit new budgets as a SIP revision to the attainment 
plan consistent with any new measures submitted to fill any shortfall, 
if the new additional control measures affect on-road motor vehicle 
emissions.
    (m) EPA approves the State of Maryland's revised 1990 and the 2005 
VOC and NOX highway mobile emissions inventories and the 2005 
motor vehicle emissions budgets for the one-hour ozone attainment plans 
for the Baltimore severe ozone nonattainment area and the Cecil County 
portion of the Philadelphia-Wilmington-Trenton severe ozone 
nonattainment area. These revisions were submitted by the Maryland 
Department of the Environment on September 2, 2003. Submission of these 
revised MOBILE6-based motor vehicle emissions inventories was a 
requirement of EPA's approval of the attainment demonstration under 
paragraphs (h) and (k) of this section.
    (n) EPA approves revisions to the Maryland State Implementation Plan 
for Post-1996 Rate of Progress (ROP) Plans for the Baltimore severe 1-
hour ozone nonattainment area. These revisions were submitted by the 
Secretary of the Maryland Department of the Environment on December 23, 
2003 and consist of the following:
    (1) Revisions to the base year 1990 emissions inventory which 
reflect the use of the MOBILE6 motor vehicle emissions model. These 
revisions establish motor vehicle emissions inventories for 1990 of 
165.14 tons per day of volatile organic compounds (VOC) and 228.21 tons 
per day of oxides of nitrogen (NOX).
    (2) Revisions to the year 2005 motor vehicle emissions budgets 
(MVEBs) for transportation conformity purposes, reflecting the use of 
the MOBILE6 motor vehicle emissions model. These revisions establish a 
motor vehicle emissions budget of 55 tons per day of volatile organic 
compounds (VOC) and 144.5 tons per day of oxides of nitrogen 
(NOX). EPA approved new 2005 MOBILE6-based MVEBs for the 
Baltimore area's 1-hour ozone attainment demonstration on October 27, 
2003 (68 FR 61106). Those MVEBs became effective on November 26, 2003. 
The approved 2005 attainment plan MVEBs budgets are 55.3 tons per day of 
VOC and 146.9 tons per day of NOX. The MVEBs of the 2005 ROP 
plan are less than the MVEBs in the approved attainment demonstration. 
These more restrictive MVEBs, contained in the ROP plan, are the 
applicable MVEBs to be used in transportation conformity demonstrations 
for the year 2005 for the Baltimore area.
    (3) Revisions to the 2005 ROP plan to reallocate some of the 
contingency measures established in prior SIP revisions to the control 
measures portion of the plan. EPA guidance allows states an additional 
year to adopt new contingency measures to replace those reallocated to 
the control measures portion of the plan. The State of Maryland's 
December 23, 2003 SIP revision submittal includes an enforceable 
commitment to replace those contingency measures reallocated to the 
control measures portion of the 2005 ROP plan

[[Page 64]]

and to submit these additional contingency measures by October 31, 2004.
    (o) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Washington, DC severe 
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the 
applicable attainment date of November 15, 2005. EPA also has determined 
that the Washington, DC severe 1-hour ozone nonattainment area is not 
subject to the imposition of the section 185 penalty fees.
    (p) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that that the Philadelphia-
Wilmington-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.
    (q) EPA approves revisions to the Maryland State Implementation Plan 
consisting of the 2008 reasonable further progress (RFP) plan, 
reasonably available control measures, and contingency measures for the 
Baltimore 1997 8-hour ozone moderate nonattainment area submitted by the 
Secretary of the Maryland Department of the Environment on June 4, 2007.
    (r) EPA approves the following 2008 RFP motor vehicle emissions 
budgets (MVEBs) for the Baltimore 1997 8-hour ozone moderate 
nonattainment area submitted by the Secretary of the Maryland Department 
of the Environment on June 4, 2007:

                       Transportation Conformity Emissions Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
                                                                                    Effective date of adequacy
     Type of control strategy SIP           Year        VOC (TPD)     NOX (TPD)    determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan.................         2008          41.2         106.8   April 13, 2009, (74 FR 13433),
                                                                                   published March 27, 2009.
----------------------------------------------------------------------------------------------------------------

    (s) EPA approves revisions to the Maryland State Implementation Plan 
consisting of the 2008 reasonable further progress (RFP) plan, 
reasonably available control measures, and contingency measures for the 
Maryland portion of the Philadelphia 1997 8-hour ozone moderate 
nonattainment area submitted by the Secretary of the Maryland Department 
of the Environment on June 4, 2007.
    (t) EPA approves the following 2008 RFP motor vehicle emissions 
budgets (MVEBs) for the Maryland portion of the Philadelphia 1997 8-hour 
ozone moderate nonattainment area submitted by the Secretary of the 
Maryland Department of the Environment on June 4, 2007:

          Transportation Conformity Emissions Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                                                   Effective date of adequacy
       Type of control strategy SIP           Year      VOC (TPD)   NOX (TPD)    determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan....................       2008         2.3         7.9   April 13, 2009, (74 FR 13433),
                                                                                published March 27, 2009.
----------------------------------------------------------------------------------------------------------------

    (u) EPA approves revisions to the Maryland 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 Secretary of the Maryland Department of the Environment 
on June 4, 2007.
    (v) 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:

[[Page 65]]



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

    (w) 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.
    (x) 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.
    (y) Determination--EPA has determined that, as of July 12, 2012, the 
Baltimore 1-hour ozone nonattainment area has attained the 1-hour ozone 
standard and that this determination obviates the requirement for 
Maryland to submit for the Baltimore area the 1-hour ozone contingency 
measure requirements of section 172(c)(9) of the Clean Air Act.
    (z) EPA approves the attainment demonstration portion of the 
attainment plan for the 1997 8-hour ozone NAAQS for the Philadelphia 
Area submitted as a revision to the State Implementation Plan by the 
Secretary of the Maryland Department of the Environment on June 4, 2007. 
EPA also approves the 2009 motor vehicle emissions budgets associated 
with the attainment demonstration for Cecil County, Maryland.

               Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
              Type of control strategy SIP                      Year            VOC  (TPD)         NOX  (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration...............................              2009                7.3                2.2
----------------------------------------------------------------------------------------------------------------


[62 FR 40458, July 29, 1997]

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



Sec. 52.1077  Source surveillance.

    (a) The requirements of Sec. 51.212 of this chapter are not met 
since the plans do not provide specific procedures for stationary 
sources to be periodically tested.

[37 FR 10870, May 31, 1972, as amended at 47 FR 20128, May 11, 1982; 51 
FR 40677, Nov. 7, 1986]

    Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1077 
was removed and reserved, effective Aug. 5, 2013.



Sec. 52.1078  Extensions.

    (a) [Reserved]
    (b) The Administrator hereby extends by six-months the deadline by 
which

[[Page 66]]

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

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

    Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1078 
was removed and reserved, effective Aug. 5, 2013



Sec. 52.1079  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    Maryland must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]

    Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1079 
was removed and reserved, effective Aug. 5, 2013.



Sec. 52.1080  Photochemical Assessment Monitoring Stations (PAMS) Program.

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

[60 FR 47084, Sept. 11, 1995]



Sec. 52.1081  Control strategy: Particulate matter.

    (a) Determination of Attainment. EPA has determined, as of January 
12, 2009, the Maryland portion of the Metropolitan Washington, DC-MD-VA 
nonattainment area for the 1997 PM2.5 NAAQS has attained the 
1997 PM2.5 NAAQS. This determination, in accordance with 40 
CFR 52.1004(c), suspends the requirements for this area to submit an 
attainment demonstration and associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long as 
the area continues to attain the 1997 PM2.5 NAAQS.
     (b) Determination of Attainment. EPA has determined, as of November 
20, 2009, the Martinsburg-Hagerstown, WV-MD PM2.5 
nonattainment area has attained the 1997 PM2.5 NAAQS. This 
determination, in accordance with 40 CFR 52.1004(c), suspend 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 PM2.5 NAAQS.
    (c) Determination of Attainment. EPA has determined, as of May 22, 
2012, based on ambient air quality data of 2008 to 2010 and the 
preliminary data of 2011, that the PM2.5 nonattainment area 
of Baltimore, Maryland 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.

[74 FR 1148, Jan. 12, 2009, as amended at 74 FR 60203, Nov. 20, 2009; 77 
FR 30212, May 22, 2012]



Sec. 52.1082  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 attainment date of April 5, 2010. Therefore, EPA has met the 
requirement

[[Page 67]]

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, EPA determined that the Martinsburg-Hagerstown, 
West Virginia-Maryland (WV-MD) 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 Martinsburg-Hagerstown, WV-MD 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 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).
    (d) 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).
    (e) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the PM2.5 
nonattainment area of Baltimore, Maryland 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 NAAQS. EPA has also 
determined that the PM2.5 nonattainment area of Baltimore, 
Maryland is not subject to the consequences of failing to attain 
pursuant to section 179(d).
    (f) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA determined, as of July 12, 2012, that the 
Baltimore 1-hour ozone nonattainment area did not attain the 1-hour 
ozone standard as of its applicable 1-hour ozone attainment date of 
November 15, 2005.
    (g) Based on 2009-2011 complete, quality-assured ozone monitoring 
data at all monitoring sites in the Baltimore 1-hour ozone nonattainment 
area, EPA determined, as of July 12, 2012, that the Baltimore 1-hour 
ozone nonattainment area has attained the 1-hour ozone standard.

[77 FR 1413, Jan. 10, 2012, as amended at 77 FR 11741, Feb. 28, 2012; 77 
FR 17344, Mar. 26, 2012; 77 FR 30212, May 22, 2012; 77 FR 34819, June 
12, 2012]



Sec. 52.1083  [Reserved]



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

    (a)(1) The owner and operator of each source and each unit located 
in the State of Maryland 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

[[Page 68]]

promulgation of an approval by the Administrator of a revision to 
Maryland'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 Maryland'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 Maryland 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 
Maryland'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 Maryland'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 48366, Aug. 8, 2011]



Sec. 52.1085  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 Maryland 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 Maryland'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 Maryland'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 48367, Aug. 8, 2011]



Sec. Sec. 52.1086-52.1099  [Reserved]



Sec. 52.1100  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Maryland'' and all revisions submitted by Maryland that 
were federally approved prior to November 1, 2004.
    (b) The plans were officially submitted on January 28, 1972.

[[Page 69]]

    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions and errata to the plan 
submitted on February 25, 1972, by the Maryland Bureau of Air Quality 
Control.
    (2) Clarification of emission data submitted on March 3, 1972, by 
the Maryland Bureau of Air Quality Control.
    (3) Final State emission limitations, Regulations 10.03.35-10.03.41 
of the Maryland Air Pollution Control Regulations, submitted on April 4, 
1972, by the Maryland Bureau of Air Quality Control.
    (4) Miscellaneous non-regulatory corrections and additions to the 
plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality 
Control.
    (5) Miscellaneous non-regulatory corrections and additions to the 
plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality 
Control.
    (6) Revision establishing unsuitable sites for construction of power 
plants submitted July 27, 1972, by the Maryland Department of Natural 
Resources.
    (7) Transportation control plan for Metropolitan Baltimore and 
National Capital AQCR Submitted on April 16, 1973, by the Governor.
    (8) Amendments to the Maryland Transportation Control Plans 
submitted on May 5, 1973, by the Governor.
    (9) Amendments to the Maryland Transportation Control Plans 
submitted on June 15, 1973, by the Governor.
    (10) Amendments to the Maryland Transportation Control Plans 
submitted on June 22, 1973, by the Governor.
    (11) Amendments to the Maryland Transportation Control Plans 
submitted on June 28, 1973, by the Governor.
    (12) Amendments to the Maryland plan for attainment and maintenance 
of secondary SO2 standard for Metropolitan Baltimore AQCR 
submitted on July 31, 1973, by the Governor.
    (13) Amendment to Maryland regulations 10.03.38.04J and 10.03.39.04J 
covering gasoline handling vapor control submitted on April 24, 1974, by 
the Governor of Maryland.
    (14) Request for regulations 10.03.38.06G(2) and 10.03.39.06G(2) to 
be withdrawn from consideration submitted on November 29, 1974, by the 
Governor of Maryland.
    (15) Amendments to Maryland Regulations 10.03.36, 10.03.37, 
10.03.39, 10.03.40 and 10.03.41; deleting subsection .04B(3), which 
requires the lowering of the allowable sulfur-in-fuel limitation to 0.5 
percent submitted on December 11, 1974 by the Governor.
    (16) Amendment to Sections .04J(1) and .04J(2) of Maryland 
Regulations 10.03.38 and 10.03.39 (vapor recovery, Stage I); submitted 
on April 24, 1974, and amended on July 1, 1975 by the Governor.
    (17) Amendment to Sections .04B(1) and .04B(2) of Maryland 
Regulations 10.03.37, 10.03.40 and 10.03.41 (allowable sulfur content in 
fuel); submitted on July 1, 1975 by the Governor.
    (18) Amendment to Maryland Regulation 10.03.38, deleting subsection 
.04B(3), which requires the lowering of the allowable sulfur-in-fuel 
limitation to 0.5 percent, submitted on December 11, 1974 by the 
Governor.
    (19) Amendments to Sections .03 (Air Pollution Episode System), .06 
(Test Methods) and .11 (Permits); and deletion of Section .04 (Prior 
Registration of Proposed Installations) of Maryland Regulation 10.03.35 
(Regulations Governing Air Pollution Control in the State of Maryland); 
amendments to Sections .03 (Control of Particulate Emissions), .04 
(Control and Prohibition of oxides of nitrogen emissions), and 
associated tables of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, 
and 10.03.41 (Regulations Governing Air Pollution Control in the 
Cumberland-Keyser, Central Maryland, Southern Maryland, and Eastern 
Shore AQCRs); amendments to Sections .03 (Control and Prohibition of 
Particulate Emissions), .04 (Control and Prohibition of Hydrocarbons 
andOxides of Nitrogen Emissions) and .06 (Control and Prohibition of 
Installations and Operations) and associated tables of Maryland 
Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution 
Control in the Metropolitan Baltimore and National Capital AQCRs); 
submitted on April 24, 1974 by the Governor.
    (20) Amendments to Sections .01 (Definitions), .04 (Ambient Air 
Quality

[[Page 70]]

Standards (former Section .05 of Regulations)), 10.03.36 through 
10.03.41 (Regulations Governing Control of Air Pollution in the State of 
Maryland); amendments to Sections .01 (Control and Prohibition of Open 
Burning), .02 (Control and Prohibition of Particulate Emissions), .03 
(Control and Prohibition of Sulfur Oxides, Hydrocarbons and Oxides of 
Nitrogen Emissions), and .06 (Control and Prohibition of Installations 
and Operations) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, 
and 10.03.41 (Regulations Controlling Air Pollution in the Cumberland-
Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCRs); 
amendments to Section .02 (Control and Prohibition of Visible 
Emissions), .03 (Control and Prohibition of sulfur oxides, hydrocarbons, 
and oxides of nitrogen emissions), and .06 (Control and Prohibition of 
Installations and Operations) of Maryland Regulations 10.03.38 and 
10.03.39 (Regulations Controlling Air Pollution in the Metropolitan 
Baltimore and National Capital AQCRs); submitted on December 11, 1974 by 
the Governor.
    (21) Amendments to Section .11 (Permits) of Maryland Regulation 
10.03.35 (Regulations Governing Control of Air Pollution in the State of 
Maryland); amendments to Section .04 (Control and prohibition of sulfur 
oxides emissions) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40 
and 10.03.41 (Regulations Governing Air Pollution Control in the 
Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore 
AQCR's); deletion of Section .03D(1) (Control of particulate matter from 
grain drying installations) from Maryland Regulations 10.03.36, 
10.03.37, 10.03.40 and 10.03.41; deletion of Section .03D (Control of 
particulate matter from grain drying installations) from Maryland 
Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution 
Control in the Metropolitan Baltimore and National Capital AQCR's) 
submitted by the Governor on July 1, 1975.
    (22) A Consent Order for the Chalk Point power plant issued by the 
Circuit Court for Montgomery County on February 27, 1978.
    (23) Amendments to Sections .01 (Definitions), .03 (Air Pollution 
Episode System), .06 (Test Methods) and .12 (Emission Test Methods); and 
deletion of Section .08 (Penalties and Plans for Compliance) of 
Regulation 10.03.35 (Regulations Governing Air Pollution Control in the 
State of Maryland); amendments to Table 1 (Emission Standards for New 
Fuel Burning Equipment) of Maryland Regulations 10.03.36 through 
10.03.41; amendments to Section .04 (Control and Prohibition of Gas and 
Vapor Emissions) and .06 (Control and Prohibition of Installations and 
Operations; and deletion of Section. .03E (Process Weight Requirements) 
and .07 (Transition from Previous Regulations) of Maryland Regulation 
10.03.38 (Regulation Governing Air Pollution Control in the Metropolitan 
Baltimore AQCR); amendments to Section .01 (Control of Open Fires) and 
.04 (Control of Gas and Vapor Emissions; and deletion of Sections .03E 
(Process Weight Requirements) and .07 (Transition from Previous 
Regulations) of Maryland Regulation 10.03.39 (Regulation Governing Air 
Pollution Control in the Maryland Portion of the National Capital 
Interstate AQCR) submitted on February 10, 1977 by the Governor.
    (24) Amendments to Maryland Regulation 10.03.35 through 10.03.41 
inclusive which supplement the English System measurement with 
equivalent metric units submitted on February 10, 1977 by the Governor.
    (25) Consent Order dated July 28, 1978 between the Potomac Electric 
Power Company and the Department of Health and Mental Hygiene of the 
State of Maryland in the Circuit Court for Montgomery County (No. 
49352--Equity) submitted on August 8, 1978 by Acting Governor Blair Lee.
    (26) Consent Orders for Beall Jr./Sr. High School and Mount St. 
Mary's College issued by the Secretary of the Maryland Department of 
Health and Mental Hygiene on January 30, 1979 and March 8, 1979 
respectively.
    (27) Amendments to Sections .01, .07, and .11 of Maryland Regulation 
10.18.01 as submitted on January 19, 1979 by the Governor.
    (28) Amendments to Sections .03D, .03F, .03H, .06I of Maryland 
Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the 
Governor.

[[Page 71]]

    (29) Variances from Maryland regulations 10.18.04.02(A), 
10.18.04.03(B)(3), and 10.18.04.04(B)(1) relating to visible emissions, 
particulate matter from solid fuel burning equipment and prohibition of 
usage of fuel with sulfur content in excess of one percent by weight, 
respectively. The variance request was submitted on October 24, 1979 by 
the Governor of Maryland.
    (30) Consent orders submitted by the Governor on July 16, 1975, 
November 18, 1977, and by the Administrator, Air Quality Programs on 
June 15, 1979 granting the Westvaco Corporation an exception to 
Regulation COMAR 10.18.02.04B.
    (31)-(32) [Reserved]
    (33) A consent order amending regulation 10.18.07, 10.18.07.02B, 
10.18.07.03B(2)a, for the Firestone Plastics Co., Inc., Perryville, 
Maryland, submitted on December 1, 1978, by the Maryland Environmental 
Health Administration.
    (34) Amendment to Maryland regulations 10.18.05.03(B)(2), 
10.18.05.02(A), and 10.18.05.03(B)(1)(a) relating to relaxation of 
particulate emissions, visible emissions and waiving of particulate 
control equipment requirement for the Chalk Point Generating Station 
Unit 3. The amendment, a Secretarial Order, was submitted on 
August 13, 1979 by the State of Maryland.
    (35) Variance from Maryland regulation 10.18.04.02(A) relating to 
visible emissions and allowing a maximum visible emission of 25% 
opacity. This variance expires on September 11, 1982. The variance 
request was submitted on September 27, 1979 by the State of Maryland.
    (36) Amendments to Sections .01 (Definitions), .04 (Ambient Air 
Quality Standards), and .11 (Permits) of Maryland Regulation 10.18.01 
(Regulations Governing Control of Air Pollution in the State of 
Maryland); and amendments to Section .02 (Control and Prohibition of 
Visible Emissions) of Maryland Regulations 10.18.04 and 10.18.05 
(Regulations Governing Air Pollution Control in the Metropolitan 
Baltimore and National Capital AQCRS's) submitted by the Governor on 
September 26, 1979.
    (37) Amendments to Section .04J(3)a and .04J(3)b (Organic Compounds) 
of Maryland Regulations 10.18.04 and 10.18.05; submitted on February 10, 
1977 by the Governor.
    (38) Deletion of Section .06G(2) (Control and Prohibition of 
Photochemically Reactive Organic Compounds from sources existing on or 
before February 12, 1974) of Maryland Regulations 10.18.04 and 10.18.05; 
submitted on December 10, 1979 by the Governor.
    (39) Deletion of Sections .06G(1) and .06G(3) (Control and 
Prohibition of Photochemically Reactive Organic Materials From Sources 
Built or Modified after February 12, 1974) of Maryland Regulations 
10.18.04 and 10.18.05 from the Maryland State Implementation Plan (SIP).
    (40) Letter of January 21, 1980 from Maryland to EPA explaining the 
State's interpretation of the scope of coverage of Maryland Regulation 
10.18.04.04J.
    (41) Amendments to Sections .06 of Maryland Regulation 10.18.04 and 
10.18.05 as submitted on January 19, 1979 by the Governor.
    (42) Amendment to Section .01(y) of Maryland Regulation 10.18.01 as 
submitted on December 10, 1979 by the Governor.
    (43) Amendments to Regulations 10.18.04 and 10.18.05; Sections 
.04J(1)c, .04J(1)d, .04J(1)e(i), .04J(1)f, .04J(1)g, .04J(1)h, 
.04J(1)i(i), .04J(3)d, .04J(4)a, .04J(4)b, and .04J(5) a through j; 
submitted on January 19, 1979, and amended on September 26, 1979 by the 
State of Maryland.
    (44) A revision submitted by the State of Maryland on December 20, 
1979 which is intended to establish an Ambient Air Quality Monitoring 
Network.
    (45) Recodification of the Maryland Regulations submitted by the 
State of Maryland on May 22, 1980.
    (46) Amendments to section .04D(4) of COMAR 10.18.04 and COMAR 
10.18.05 establishing a revised sulfur oxides emissions limitation for 
all existing solid fuel-fired, cyclone type fuel burning equipment 
having an actual heat input in excess of 1,000 million Btu/hour; 
submitted on February 20, 1980 by the Governor.
    (47) October 1, 1980 letter from George P. Ferreri, Maryland Office 
of Environmental Programs to James E. Sydnor,

[[Page 72]]

EPA, certifying that the Baltimore Gas & Electric Company's C. P. Crane 
Generating Station is the sole facility to which COMAR 10.18.04.04D(4) 
and 10.18.05.04D(4) would apply.
    (48) A revision submitted by the State of Maryland on 9/10/80 
consisting of a variance issued to the General Refractories Company of 
Baltimore, Maryland exempting the Company from the ``No Visible 
Emissions'' requirements of COMAR 10.18.04.02A for aperiod of three (3) 
years commencing 9/2/80.
    (49) A revision submitted by the State of Maryland on November 3, 
1980 consisting of a Consent Agreement (Order) between the State of 
Maryland and the Maryland Slag Company decreasing the particulate matter 
emission limitation for the Company.
    (50) A revision submitted by the State of Maryland on October 24, 
1979 consisting of amendments to the following regulations:

    COMAR 10.18.01 as recodified in 40 CFR 52.1070(c)(45), 10.18.02 as 
recodified in 40 CFR 52.1070(c)(45), 10.18.03 as recodified in 40 CFR 
52.1070(c)(45), 10.18.04 as recodified in 40 CFR 52.1070(c)(45), 
10.18.05 as recodified in 40 CFR 52.1070(c)(45), 10.18.06 as recodified 
in 40 CFR 52.1070(c)(45), 10.18.07 as recodified in 40 CFR 
52.1070(c)(45).

    (51) A revision submitted by the State of Maryland on May 22, 1980, 
consisting of changes in definitions in sections 10.18.01.01 and 
revoking of obsolete regulations, COMAR 10.03.38.04 B(4) and 10.03.39.04 
B(4).
    (52) A revision submitted by the State of Maryland on April 24, 
1974, consisting of changes in COMAR 10.03.35.06 A(1) and 10.03.35.06 
A(3).
    (53) A revision submitted by the State of Maryland on December 10, 
1979, consisting of changes in Sections .01 and .11 of COMAR 10.18.01, 
and in Sections .05 and .07 of COMAR 10.18.02, 10.18.03, 10.18.04, 
10.18.05, 10.18.06 and 10.18.07.
    (54) A revision submitted by the State of Maryland on October 17, 
1980, consisting of an exception to COMAR 10.18.06.02B for the Maryland 
Cup Corporation.
    (55) A revision submitted by the State of Maryland on August 7, 1981 
consisting of an exception to COMAR 10.18.09.07A(2)(c) for the Reading-
Whitehall Paperboard Company.
    (56) A Secretarial order submitted by the State of Maryland on June 
23, 1981 consisting of a variance issued to the Potomac Electric Power 
Company at Dickerson, Maryland exempting the company from the ``no 
visible emissions'' requirements of COMAR 10.18.09.05A(2) until five 
years from the date of approval by EPA.
    (57) A Secretarial order submitted by the State of Maryland on July 
17, 1981 consisting of a various issued to the American Cyanamid 
Company, Havre de Grace, Maryland from the ``no visible emissions'' 
requirement of COMAR 10.18.06.02B until July 8, 1986.
    (58) Amendments to COMAR 10.18.01, 10.18.06, 10.18.08, 10.18.09, 
10.18.11, 10.18.12, 10.18.13, 10.18.14, 10.18.21, and Technical 
Memorandum TM-116 (amended November 1980) as submitted by the Governor 
on May 18, 1981.
    (59) Addition of Maryland Regulation 10.18.06.14 (Control of PSD 
sources) which incorporates by reference the Federal prevention of 
significant deterioration (PSD) requirements set forth in 40 CFR 52.21; 
submitted on June 24, 1981 by the Governor.
    (60) A State Implementation Plan for the control of lead (Pb) 
emissions submitted on October 23, 1980 by the Governor.
    (61) A letter containing supplemental clarifying information with 
respect to the State's control strategy demonstration; submitted on July 
27, 1981 by the Maryland Air Management Administration.
    (62) A revised Secretarial order controlling lead emissions from the 
Mobay Chemical Corporation's frit manufacturing plant in Baltimore, 
Maryland; submitted December 16, 1981 by the Maryland Air Management 
Administration.
    (63) A revision submitted by the State of Maryland on October 8, 
1981 detailing a plan for satisfying requirements of sections 121 and 
127 of the Clean Air Act Amendments of 1977.
    (64) A revision submitted by the State of Maryland on November 18, 
1981, consisting of a Modified Amended Consent Order for Potomac 
Electric Power Company's Chalk Point generating station.

[[Page 73]]

    (65) A Secretarial order stating the terms under which a 
construction permit for a new source in a nonattainment area will be 
issued by the Northeast Maryland Waste Disposal Authority to 
Wheelabrator-Frye, Inc. to construct and operate a municipal 
incinerator; submitted on December 22, 1981 by the Director, Maryland 
Air Management Administration, Department of Health and Mental Hygiene.
    (66) An amendment to Code of Maryland Air Regulation (COMAR) 
10.18.08.05A(1) revising the method for calculating particulate 
emissions from incinerators located in the Cumberland-Keyser, Central 
Maryland, Southern Maryland and Eastern Shore Air Quality Control 
Regions (AQCR's), submitted on January 11, 1982 by the Governor.
    (67) Code of Maryland Air Regulations (COMAR) 10.18.10 (Control of 
Iron and Steel Production Installations); Technical Memorandum AMA-TM 
81-04: Amendment to AMA-TM 73-116; Amendments to COMAR 10.18.01.01 
(General Administrative Regulations--Definitions) and COMAR 10.18.06.02 
(General Emission Standards, Prohibitions and Restriction); and a New 
Amended Plan for Compliance for the Bethlehem Steel Corporation's 
Sparrows Point, Maryland Plant; submitted on August 11, 1981 by the 
Governor.
    (68) The revised Health-Environmental Article of the Annotated Code 
of Maryland, submitted on July 2, 1982 by the Director, Maryland Air 
Management Administration, Department of Health and Mental Hygiene.
    (69) A revision submitted by the State of Maryland on November 15, 
1982, consisting of an extension to the previous visible emission 
exception to COMAR 10.18.01.08 (Exception to Visible Emission 
Requirements) for the Maryland Cup Corporation. The exception is renewed 
until September 11, 1987.
    (70) A modified Secretarial order stating the terms under which a 
construction permit for a new source in a nonattainment area will be 
issued to Wheelabrator-Frye, Inc. who will construct, own, and operate a 
municipal incinerator; submitted on March 17, 1983 by the Director, 
Maryland Air Management Administration, Department of Health and Mental 
Hygiene.
    (71) Plan Revision, excluding the schedules for additional VOC 
controls and the required Vehicle Emissions Inspection Program, 
providing for attainment of the Ozone and Carbon Monoxide Standards, 
submitted by the State on July 1, 1982 for the Metropolitan Baltimore 
Intrastate Air Quality Control Region (AQCR) and November 5, 1982 for 
the Maryland portion of the National Capital Interstate AQCR. On May 4, 
1983, and June 13 and 16, 1983, the State submitted amended I/M 
regulations. A revised schedule for the adoption of controls for VOC 
sources was submitted on December 23, 1983.
    (72) Amendments to Code of Maryland Regulations (COMAR) 10.18.01, 
.02, .06, .11, .13, and .21 which apply to air quality control areas III 
and IV, submitted on August 22, 1983.
    (73) A revision submitted by the State of Maryland on July 12, 1983, 
consisting of a plan for Compliance for the J.L. Clark Manufacturing 
Company in Havre De Grace.
    (74) A Consent Order granting the Westvaco Corporation a sulfur 
dioxide (SO2) emissions limitation which is equivalent to 
COMAR 10.18.09. 07(A)(1)(a); submitted on September 7, 1983, as amended 
on February 7, 1984 by the Maryland Air Management Administration.
    (75) Revision submitted by the State of Maryland on December 13, 
1983 consisting of a Plan for Compliance for the General Motors 
Corporation, GM Assembly Division, Baltimore City Plant.
    (76) Revision submitted by the State of Maryland on December 13, 
1983 consisting of a Plan for Compliance for the American Can Company, 
Baltimore City.
    (77) Revision submitted by the State of Maryland on December 13, 
1983 consisting of a Plan for Compliance for the National Can 
Corporation, Baltimore County.
    (78) Revision submitted by the State of Maryland on April 6, 1984 
consisting of a Plan for Compliance for the Crown Cork and Seal Company, 
Inc., Baltimore City.
    (79) Revision submitted by the State of Maryland on April 6, 1984 
consisting

[[Page 74]]

of a Plan for Compliance for the Continental Can Company, Baltimore 
City.
    (80) A revision submitted by the State of Maryland on January 26, 
1984, and May 25, 1984 consisting of amendments to change the State's 
stationary source stack testing procedures document and to correct a 
State procedural defect relating to procedures for observing visible 
emissions from iron and steel facilities.
    (81) [Reserved]
    (82) Revisions to the Code of Maryland Regulations (COMAR) were 
submitted by the Director of the Maryland Air Management Administration 
of March 14, 1984.
    (i) Incorporation by reference.
    (A) Amendments to COMAR 10.18.02 (Permits, Approvals and 
Registration) and COMAR 10.18.08 (Control of Incinerators), as published 
in the Maryland Register on February 3, 1984 (proposed on November 11, 
1983).
    (ii) Additional material.
    (A) Letter from the MAMA dated November 29, 1984 clarifying that 
permit applications would only be accepted from incinerators subject to 
the hazardous waste facility regulations and that hazardous waste 
facility permits would be treated as air quality permits for all 
purposes.
    (83) Revisions to the Code of Maryland Regulations (COMAR) were 
submitted by the Director of the Maryland Air Management Administration 
on March 14, 1984.
    (i) Incorporation by reference.
    (A) Amendments to COMAR 10.18.09 (Control of Fuel Burning Equipment 
and Stationary Internal Combustion Engines), as published in the 
Maryland Register on March 2, 1984.
    (ii) Additional information.
    (A) Letter from MAMA dated November 29, 1984 clarifying that a 
permit cannot be issued for the sources unless they undergo new source 
review as under COMAR 10.18.02 (Permits, Approvals and Registration).
    (84) [Reserved]
    (85) Revisions to the Ozone Attainment Plan were submitted by the 
Director, Maryland Air Management Administration, on August 1, 1984.
    (i) Incorporation by reference.
    (A) State Secretarial Order for the Monarch Manufacturing Company 
located in Belcamp, Maryland, allowing interim VOC emission standards to 
be used by the Company until source-specific regulations are developed 
by MAMA. The Company shall come into compliance with the source-specific 
regulations within six months after their adoption. The Secretarial 
Order was approved on July 23, 1984.
    (86) Revisions submitted on March, 1, 1989 by the Secretary, 
Maryland Department of the Environment, amending the Code of Maryland 
Air Regulations (COMAR) 10.18.21.10 (Graphic Arts) and COMAR 10.18.21.13 
(Miscellaneous Metal Coating, Interior Sheet Drum Lining).
    (i) Incorporation by reference.
    (A) Revisions to COMAR 10.18.21.10, pertaining to graphic arts, and 
COMAR 10.18.21.13, pertaining to miscellaneous metal coating, interior 
sheet drum lining. These revisions were adopted by the Secretary of 
Health and Mental Hygiene on June 10, 1987and became effective on August 
10, 1987.
    (ii) Additional information.
    (A) Letter of June 30, 1987 from George P. Ferreri, Director, 
Maryland Air Management Administration, to Thomas J. Maslany, EPA Region 
III, forwarding revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13.
    (B) Letter of March 13, 1989 from George P. Ferreri, Director, 
Maryland Air Management Administration to Stanley L. Laskowski, Acting 
Regional Administrator, EPA Region III, clarifying information with 
respect to the adopted and effective dates of the revisions to COMAR 
10.18.21.10 and COMAR 10.18.21.13.
    (87) A revision submitted by the Secretary, Maryland Department of 
Health and Mental Hygiene on March 30, 1987, consisting of amendments to 
the Good Engineering Practice (GEP) Stack Height Regulations, COMAR 
10.18.01.08 (Determination of Ground Level Concentrations--Acceptable 
Techniques).
    (i) Incorporation by reference.
    (A) Letter of March 30, 1987 from the Secretary, Maryland Department 
of Health and Mental Hygiene.
    (B) COMAR 10.18.01.08 (Determination of Ground Level 
Concentrations--Acceptable Techniques), which was adopted by the 
Maryland Department of

[[Page 75]]

Health and Mental Hygiene on January 23, 1987.
    (ii) Additional information.
    (A) None.
    (88) [Reserved]
    (89) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on June 30, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated June 
30, 1987 submitting a revision to the Maryland State Implementation Plan 
pertaining to the definitions of true vapor pressure and vapor pressure.
    (B) Maryland Register Volume 13, page 2048; COMAR 10.18.01.01 
Definitions V-1. and X-1 (Now recodified as COMAR 26.11.01.01 Z. and 
CC.).
    (90) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on March 21, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
21, 1991 submitting a revision to the Maryland State Implementation 
Plan.
    (B) Recodified Maryland Regulations, revised effective August 1, 
1988.
    (1) COMAR 26.11.01.01A. through J., L., O. through BB., DD. (except 
for ``ammonium carbonates''); COMAR 26.11.01.02 through 26.11.01.09.
    (2) COMAR 26.11.02.01 through 26.11.02.03A.(6)(o), 26.11.02.03A.(7) 
through 26.11.02.09, 26.11.02.10A., 10E., 26.11.02.11A., .11B.(2)-(3), 
11C., 26.11.02.12 through 26.11.02.16.
    (3) COMAR 26.11.03.01 through 26.11.03.03, 26.11.03.05 through 
26.11.03.08.
    (4) COMAR 26.11.05--(Entire Chapter).
    (5) COMAR 26.11.06.03A.-.03C.; 26.11.06.05, 26.11.06A., .06C., .06D; 
26.11.06.10, 26.11.06.11, 26.11.06.15, 26.11.06.16.
    (6) COMAR 26.11.07.01 through 26.11.07.04, 26.11.07.05A. (1), (2), 
26.11.07.05A.(5) through .05A.(7), 26.11.07.05B (1), (2), (4), (5).
    (7) COMAR 26.11.09.01 through 26.11.09.04, 26.11.09.05B., 
26.11.09.06 through 26.11.09.09.
    (8) COMAR 26.11.10--Entire chapter except for COMAR 
26.11.10.03B.(3).
    (9) COMAR 26.11.11--Entire chapter except for COMAR 26.11.11.04A(1)-
(4).
    (10) COMAR 26.11.12--Entire Chapter.
    (11) COMAR 26.11.13.01 (definitions of ``external floating roof,'' 
``gasoline,'' ``internal floating roof,'' ``liquid-mounted seal,'' 
``metallic-type shoe seal,'' ``rim-mounted secondary seal,'' ``shoe 
mounted secondary seal,'' ``tank truck,'' ``vapor control system,'' 
``vapor mounted seal''; 26.11.13.02 (except for .02C(3)), 26.11.13.03, 
26.11.13.04B., 26.11.13.05.
    (12) COMAR 26.11.19.01A., 01B(2), (4), (5), .02A, .02B(1) (except 
for ``low VOC adhesives''), .02B(2), (3), .02C(1), (2), .02D., .02E 
(except for all references to variables ``C'' and ``D''), .02F(1), (2), 
(3) (except for ``and''); 26.11.19.04 through 26.11.19.10, 26.11.19.13, 
26.11.19.14.
    (13) COMAR 26.11.20--Entire Chapter except for COMAR 26.11.20.02.
    (ii) Additional materials.
    (A) Remainder of the March 21, 1991 State Submittal known as 
Maryland 91-01B.
    (91) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment--Air Management Administration on 
August 20, 1984, regarding a bubble for American Cyanamid in Havre de 
Grace, Maryland.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Health and Mental 
Hygiene--Air Management Administration (now known as the Maryland 
Department of the Environment--Air Management Administration) dated 
August 20, 1984 submitting a revision to the Maryland State 
Implementation Plan regarding a bubble for American Cyanamid.
    (B) Secretarial Order (By Consent) between American Cyanamid and the 
Maryland State Department of Health and Mental Hygiene--Air Management 
Administration (now known as the Maryland Department of the 
Environment--Air Management Administration) except for section 2, 
approved on August 2, 1984.
    (ii) Additional material.
    (A) Letter dated September 17, 1984 from Ronald E. Lipinski, MAMA, 
to James Topsale, EPA Region III, providing emissions information for 
the sources involved in the American Cyanamid bubble.
    (B) Public Hearing record for the May 23, 1984 public hearing.

[[Page 76]]

    (C) Technical Support Document, prepared by Maryland, for American 
Cyanamid, including formulas to calculate bubble emissions.
    (92) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on December 15, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated 
December 15, 1987 submitting a revision to the Maryland State 
Implementation Plan.
    (B) Amendments to the Code of Maryland Air Regulations (COMAR) 
10.18.03, State Adopted National Ambient Air Quality Standards and 
Guidelines limited to the amendment of 10.18.03.04, carbon monoxide and 
COMAR 10.18.06, General Emission Standards, Prohibitions, and 
Restrictions, limited to the amendment of 10.18.06.04, carbon monoxide 
in areas III and IV. The amendments to COMAR 10.18.03.04 and 10.18.06.04 
were adopted by the Maryland Department of the Environment on November 
4, 1987, and made effective on January 5, 1988.
    (93) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on December 30, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated 
December 15, 1987, submitting revisions to the Maryland State 
Implementation Plan.
    (B) Amendments to regulations 10.18.01 O-1, 10.18.02.03 H(3)(i), and 
10.18.06.14 under the Code of Maryland Administrative Regulations 
(COMAR) revising Maryland's prevention of significant deterioration 
program to incorporate changes to 40 CFR 52.21 made between 1980 and 
1986. The amendments to COMAR 10.18.01 O-1, 10.18.02.03 H(3)(i), and 
10.18.06.14 were effective on January 5, 1988 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (94) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on March 8, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
1, 1989, submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9), and 
26.11.06.14 (proposed as 10.18.01 O-1, 10.18.02.03 H(3)(i), and 
10.18.06.14) under the Code of Maryland Administrative Regulations 
(COMAR) revising Maryland's prevention of significant deterioration 
program to incorporate changes to 40 CFR 52.21 made between 1986 and 
1987, thereby establishing the increment for NO2 and 
requiring sources to conduct an NO2 increment consumption 
analysis. The amendments to COMAR 26.11.01.01, 26.11.02.10 (C)(9), and 
26.11.06.14 were effective on March 21, 1989 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (95) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on March 28, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
21, 1991 submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the 
Code of Maryland Administrative Regulations (COMAR) revising Maryland's 
prevention of significant deterioration program to incorporate changes 
to 40 CFR 52.21 made between 1987 and 1989. The amendments to COMAR 
26.11.01.01, and 26.11.06.14 were effective on March 31, 1991 in the 
State of Maryland. The amendments to 26.11.02.10 (C)(9) were effective 
on May 8, 1991 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (96) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on April 3, 1992.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
27, 1992 submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the 
Code

[[Page 77]]

of Maryland Administrative Regulations (COMAR) revising Maryland's 
prevention of significant deterioration program to incorporate changes 
to 40 CFR 52.21 made between 1989 and 1990. The amendments to COMAR 
26.11.01.01 and 26.11.06.14 were effective on February 17, 1992 in the 
State of Maryland.
    (ii) Additional materials.
    (A) Remainder of April 3, 1992, State submittal.
    (97) Revisions to the State Implementation Plan submitted on June 
14, 1989, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 14, 1989, from the Maryland Department of the 
Environment transmitting a revision to a Maryland State Implementation 
Plan.
    (B) Revision to COMAR 26.11.01.01E (Definition of ``Control 
Officer''), effective June 20, 1989.
    (ii) Additional material.
    (A) Remainder of the June 14, 1989 State submittal.
    (98) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991, and amended on January 18, 1993, by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letters of April 5, 1991, and January 18, 1993, from the 
Maryland Department of the Environment transmitting additions and 
revisions to Maryland's State Implementation Plan, pertaining to 
volatile organic compound regulations in Maryland's air quality 
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) The addition of COMAR 26.11.19.15C (proposed as COMAR 
10.18.19.15C), Standards for Adhesive Application, adopted by the 
Secretary of Health and Hygiene on June 10, 1987, effective August 10, 
1987;
    (C) Amendments to COMAR 26.11.19.15C adopted by the Secretary of the 
Environment on March 9, 1991, effective May 8, 1991; and
    (D) Amendments to COMAR 26.11.19.15C(4) adopted by the Secretary of 
the Environment on January 18, 1992, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of April 5, 1991, and January 18, 1993, State 
submittals pertaining to COMAR 26.11.19.15C, Standards for Adhesive 
Application.
    (B) Letter of April 17, 1992, from the Maryland Department of the 
Environment clarifying the intent of its April 5, 1991, letter 
transmitting revisions and additions to Maryland's State Implementation 
Plan.
    (C) Letter of July 10, 1992, from the Maryland Department of the 
Environment clarifying Maryland's intent regarding COMAR 26.11.19.15C(4) 
and stating that Maryland was working to correct the administrative 
error in COMAR 26.11.19.15C(4) contained in the April 5, 1991, 
submittal.
    (99) Revisions to the Maryland regulations for particulate matter 
(PM-10) submitted on March 1, 1989, by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of March 1, 1989, from the Department of the Environment 
transmitting a revision to the Maryland State implementation plan for 
particulate matter (PM-10) Group III areas.
    (B) COMAR 10.18.01 (General Administrative Provisions), COMAR 
10.18.02 (Permits, Approvals, and Registration), COMAR 10.18.03 (State-
Adopted National Ambient Air Quality Standards and Guidelines), COMAR 
10.18.05 (Air Pollution Episode System), and COMAR 10.18.06 (General 
Emission Standards, Prohibitions, and Restrictions) as published in the 
Maryland Register on February 10, 1989. The regulations were adopted on 
January 20, 1989, and became effective on March 21, 1989.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision request 
submitted by the Maryland Department of the Environment on March 1, 
1989.
    (100) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on June 7, 1990, by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of June 7, 1990, from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan.
    (B) The following revised regulations to COMAR 26.11.05 (Air 
Pollution Episode Plans), effective June 18, 1990:

[[Page 78]]

26.11.05.01A., .01B., .01H., and .01J.; 26.11.05.02B., .02C.; 
26.11.05.03A., 03B., 03D.; 26.11.05.05A., 05B., 05C., and .05D. Deletion 
of the definition ``coefficient of haze.''
    (ii) Additional material.
    (A) Remainder of the June 7, 1990, State submittal.
    (101) Revisions to the State of Maryland Regulations Oxygenated 
Gasoline Program regulations submitted on November 13, 1992, by the 
Maryland Department of the Environment. Effective date October 26, 1992.
    (i) Incorporation by reference.
    (A) Letter of November 13, 1992, from the Maryland Department of the 
Environment transmitting Oxygenated Gasoline Program regulations.
    (B) The following State of Maryland regulations effective October 
26, 1992:
    (1) Amendments to COMAR 26.11.13.01 (Control of Gasoline and 
Volatile Organic Compound Storage and Handling).
    (2) Deletion of Regulation .06 under COMAR 26.11.13 (Control of 
Gasoline and Volatile Organic Compound Storage and Handling).
    (3) New Regulation COMAR 26.11.20.03 (Mobile Sources).
    (4) COMAR 03.03.05.01, .01-1, .02-1, .05, .08, and .15 (Motor Fuel 
Inspection).
    (5) COMAR 03.03.06.01 through .06 (Emissions Control Compliance).
    (ii) The remainder of the November 13, 1992, submittal.
    (102) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 1991 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of Health and Hygiene on June 10, 1987, 
effective August 10, 1987:
    (1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B), 
pertaining to control of Volatile organic compounds from installations.
    (2) Addition of new section COMAR 26.11.06.06E, (proposed as 
10.18.06.06E), exemptions.
    (3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR 
10.18.21.01B), including the addition of the definitions for the terms 
adhesive and exempt solvent, the renumbering of all definitions.
    (4) Amendments to COMAR 26.11.19.02B-F, (proposed as COMAR 
10.18.21.02B-F), pertaining to compliance methods, methods of assessing 
compliance, test methods, computations, and reporting.
    (5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR 
10.18.21.10B), pertaining to applicability and exemptions for graphic 
arts sources.
    (6) Amendments to COMAR 26.11.19.13, (proposed as COMAR 
10.18.21.13), pertaining to miscellaneous metal coating.
    (7) Addition of new section COMAR 26.11.19.15A (proposed as 
10.18.21.15A), definition of terms.
    (8) Addition of new section COMAR 26.11.19.15B (proposed as 
10.18.21.15B), standards for paint, resin and adhesive manufacturing.
    (C) Amendments to COMAR 26.11.19.12 (proposed as COMAR 10.18.21.12), 
pertaining to dry cleaning installations, including the addition of new 
sections E and F, pertaining to equipment specifications, emission 
standards, and compliance determinations for petroleum solvent dry 
cleaning installations, adopted by the Secretary of the Environment on 
April 21, 1989, effective June 20, 1989.
    (D) Amendments to COMAR 26.11.19.12B-F, pertaining to applicability, 
exemptions, equipment specifications, emission standards, and compliance 
determinations for perchloroethylene and petroleum solvent dry cleaning 
installations, adopted by the Secretary of the Environment on May 17, 
1990, effective July 16, 1990.
    (E) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on March 9, 1991, effective 
May 8, 1991:
    (1) Amendments to COMAR 26.11.01.01, including the addition of

[[Page 79]]

definitions for the terms actual emissions, allowable emissions, 
potential to emit, premises, and reasonably available control technology 
(RACT); deletion of the definition for the term Ringelmann Smoke Chart; 
amendments to definitions for the terms New Source Impacting on a Non-
Attainment Area (NSINA) and volatile organic compound (VOC); and 
renumbering of all definitions.
    (2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to 
permits to construct or modify for motor vehicle gasoline storage tanks.
    (3) The addition of new section COMAR 26.11.06.01, definitions for 
the terms installation and process line.
    (4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to 
applicability, control, and exemptions for sources of volatile organic 
compounds.
    (5) The deletion of existing COMAR 26.11.13, pertaining to gasoline 
and volatile organic compound storage and handling.
    (6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06, 
pertaining to definitions, applicability, and exemptions for gasoline 
and volatile organic compounds storage and handling, large storage 
tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure.
    (7) Amendments to COMAR 26.11.19.01B, addition of the definition for 
the term transfer efficiency, amendments to the definition for the term 
coating.
    (8) Amendments to COMAR 26.11.19.02A-F, pertaining to applicability, 
compliance methods, methods of assessing compliance, test methods, 
computations, and reporting for volatile organic compound regulations.
    (9) Amendments to COMAR 26.11.19.07, the addition of new section B 
and revisions to new section C (former section B), pertaining to paper, 
fabric, and vinyl coating.
    (10) Amendments to COMAR 26.11.19.10A, the deletion of definitions 
for the terms high velocity hot-air dryer, letterpress methods, 
lithographic methods, and roll printing; revisions to the definition for 
the term web printing; and renumbering of all definitions.
    (11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic 
arts, including the deletion of existing section C and the addition of 
new section C.
    (12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining to 
sheet-fed paper and plastic parts coating, including definitions for the 
terms fountain, letterpress printing, lithographic printing, plastic 
parts coating, and sheet-fed coating.
    (13) Amendments to COMAR 26.11.19.13B and C, pertaining to 
miscellaneous metal coating.
    (14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized 
pharmaceutical products.
    (15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint, 
resin, and adhesive manufacturing, including revisions to definitions 
for the terms adhesive application, resin thin down tank, specialty 
footwear manufacturing, specialty spiral tube winding, spiral tube 
winding, and spiral wound tube impregnating and curing, the deletion of 
the definition for the term honeycomb core installation, and the 
renumbering of all definitions.
    (ii) Additional material.
    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 
26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E, 
26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06, 
26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C, 
26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B.
    (B) Letter of April 17, 1992 from the Maryland Department of the 
Environment clarifying the intent of its April 5, 1991 letter 
transmitting additions, deletions, and revisions to Maryland's State 
Implementation Plan.
    (C) Letter of October 18, 1993 from the Maryland Department of the 
Environment formally withdrawing revisions to COMAR 26.11.19.11D and E, 
pertaining to lithographic printing, from consideration as revisions to 
Maryland's State Implementation Plan.
    (103) Revisions to the Maryland State Implementation Plan submitted 
on September 20, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.

[[Page 80]]

    (A) Letter of September 20, 1991 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on July 24, 1991, effective 
August 19, 1991:
    (1) Amendments to COMAR 26.11.01.01DD, the definition for the term 
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of a: reference to 40 CFR part 60; and 
Methods 1000, 1002, and 1003 and Appendixes A and B, contained in 
``Technical Memorandum 91-01, Test Methods and Equipment Specifications 
for Stationary Sources'' (January 1991).
    (3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions 
for large storage tanks.
    (4) Amendments to COMAR 26.11.19.02D(2), pertaining to test methods.
    (5) Amendments to COMAR 26.11.19.07A, including amendments to the 
definition for the term paper coating, and the addition of definitions 
for the terms sheet-fed paper coating and ultraviolet curable coating, 
and the renumbering of definitions.
    (6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed 
paper coating.
    (7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR 
26.11.19.11C, pertaining to plastic coating.
    (8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to 
compliance determinations for petroleum solvent dry cleaning 
installations.
    (9) Addition of new COMAR 26.11.19.16, pertaining to volatile 
organic compound equipment leaks.
    (ii) Additional material.
    (A) Remainder of the September 20, 1991 State submittal pertaining 
to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and 
Methods 1000, 1002, and 1003 contained in ``Technical Memorandum 91-01, 
Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR 
26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR 
26.11.19.12F(3) and (4), and COMAR 26.11.19.16.
    (104) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 20, 1992, 
effective February 17, 1992:
    (1) Amendments to COMAR 26.1.01.01DD, the definition for the term 
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1006, 1007, and 1008 
contained in Supplement 1 (July 1, 1991) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), and revisions to Method 1000 and Appendixes A and B 
contained in Supplement 1.
    (3) Amendments to COMAR 26.11.19.02D, pertaining to test methods for 
coatings and adhesives containing volatile organic compounds.
    (4) Amendments to COMAR 26.11.19.09B, pertaining to emission 
standards for volatile organic compound metal cleaning.
    (5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to 
compliance determinations for petroleum solvent dry cleaning 
installations.
    (ii) Additional material.
    (A) Remainder of the April 2, 1992 State submittal pertaining to 
COMAR

[[Page 81]]

26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 1002, 
1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to 
``Technical Memorandum 91-01, Test Methods and Equipment Specifications 
for Stationary Sources'' (January 1991), COMAR 26.11.19.02D, COMAR 
26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).
    (105) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 18, 1993, 
effective February 15, 1993:
    (1) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1009, 1011, and 1012 
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), and revisions to Method 1003 and Appendix B contained in 
Supplement 2.
    (2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to 
compliance determinations for tank trucks.
    (3) Amendments to COMAR 26.11.19.07A(4), the definition for the term 
ultraviolet curable coating.
    (ii) Additional material.
    (A) Remainder of the January 18, 1993 State submittal pertaining to 
COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012 
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources 
(January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR 
26.11.19.07A(4).
    (106) Revisions to the Maryland Regulations submitted on September 
18, 1991 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of September 18, 1991 from the Maryland Department of the 
Environment transmitting the continuous emission monitoring revision.
    (B) Definition amendments to Code of Maryland Administrative 
Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new 
regulations COMAR 26.11.01.10 Continuous Emission Monitoring 
Requirements, concerning continuous opacity monitoring, effective July 
22, 1991.
    (ii) Additional materials.
    (A) Remainder of September 23, 1991 State submittal.
    (107) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993, from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) The addition of COMAR 26.11.24, Stage II Vapor Recovery at 
Gasoline Dispensing Facilities, adopted by the Secretary of the 
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of the January 18, 1993, State submittal pertaining to 
COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing 
Facilities.
    (108) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on March 30, 1987 by the Maryland Department of Health 
and Mental Hygiene:
    (i) Incorporation by reference.
    (A) Letter of March 30, 1987 from the Maryland Department of Health 
and Mental Hygiene transmitting revisions to the Maryland State 
Implementation Plan (SIP).
    (B) Revised COMAR 10.18.02.03H. (Action on an Application for a 
Permit and for Approval of a PSD Source or NSINA) (currently COMAR 
26.11.02.10C.), effective March 24, 1987.
    (ii) Additional material.

[[Page 82]]

    (A) Remainder of the March 30, 1987 State submittal pertaining to 
COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.).
    (109) Revisions to the State of Maryland Regulations State 
Implementation Plan submitted on November 13, 1992 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 13, 1992 from Maryland Department of the 
Environment transmitting a revised regulation to require major sources 
of volatile organic compounds and oxides of nitrogen, Statewide, to 
certify their emissions annually.
    (B) Revisions to Title 26, COMAR 26.11.01, specifically to amend 
regulation .01, and to add regulation .05-1. Effective on December 7, 
1992.
    (ii) Additional material.
    (A) Remainder of December 7, 1992 State submittal.
    (110) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 1991 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The addition of COMAR 26.11.13.04, pertaining to loading 
operations, adopted by the Secretary of the Environment on March 9, 
1991, effective May 8, 1991.
    (ii) Additional material.
    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 
26.11.13.04, loading operations.
    (111) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
procedures for bulk gasoline terminals, adopted by the Secretary of the 
Environment on January 20, 1992, effective February 17, 1992.
    (ii) Additional material.
    (A) Remainder of April 2, 1992 State submittal pertaining to COMAR 
26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (112) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
procedures for bulk gasoline terminals, adopted by the Secretary of the 
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of January 18, 1993 State submittal pertaining to 
COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (113) Revisions to the Maryland State Implementation Plan submitted 
on June 8, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on March 26, 1993, effective 
April 26, 1993:
    (1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt 
paving.

[[Page 83]]

    (2) Amendments to COMAR 26.11.13.01B(1), the definition for the term 
bulk gasoline plant.
    (3) Amendments to COMAR 26.11.13.02, pertaining to applicability and 
exemptions.
    (4) Amendments to COMAR 26.11.13.04, pertaining to loading 
operations.
    (5) The addition of new COMAR 26.11.13.07, pertaining to plans for 
compliance.
    (6) Amendments to COMAR 26.11.19.01B(4), the definition for the term 
major stationary source of VOC.
    (7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to 
applicability, reporting and recordkeeping, and plans for compliance, 
respectively.
    (8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts.
    (ii) Additional material.
    (A) Remainder of June 8, 1993 State submittal pertaining to COMAR 
26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR 
26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR 
26.11.19.02A, F, and H, and COMAR 26.11.19.10.
    (114) Revisions to the Maryland State Implementation Plan submitted 
on July 19, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 19, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline 
terminals, adopted by the Secretary of the Environment on June 25, 1993, 
effective July 19, 1993.
    (ii) Additional material.
    (A) Remainder of July 19, 1993 State submittal pertaining to COMAR 
26.11.13.04A, bulk gasoline terminals.
    (115)-(116) [Reserved]
    (117) The carbon monoxide redesignation request and maintenance plan 
for the Baltimore Carbon Monoxide nonattainment area, submitted by the 
Maryland Department of the Environment on September 20, 1995, as part of 
the Maryland SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of September 20, 1995 from the Maryland Department of the 
Environment requesting the redesignation and submitting the maintenance 
plan.
    (B) The ten year carbon monoxide maintenance plan for the Baltimore 
Carbon Monoxide nonattainment area adopted on August 31, 1995.
    (ii) Additional material.
    (A) Remainder of September 20, 1995 State submittal.
    (118) The carbon monoxide redesignation and maintenance plan for the 
Counties of Montgomery and Prince George, Maryland submitted by the 
Maryland Department of the Environment on October 12, 1995, as part of 
the Maryland SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 12, 1995 from the Maryland Department of the 
Environment requesting the redesignation and submitting the maintenance 
plan.
    (B) Maintenance Plan for the Maryland portion of the Metropolitan 
Washington Carbon Monoxide Nonattainment Area adopted on September 20, 
1995.
    (ii) Additional material.
    (A) Remainder of October 12, 1995 State submittal.
    (119) Revisions to the Code of Maryland Administrative Regulations 
for prevention of significant deterioration submitted on July 17, 1995 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan.
    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and 
26.11.06.14 under the Code of Maryland Administrative Regulations 
(COMAR) revising Maryland's prevention of significant deterioration 
program to incorporate changes to 40 CFR 52.21 made between 1992 and 
1993. The amendments were effective on May 8, 1995 in the State of 
Maryland.
    (ii) Additional material.

[[Page 84]]

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

[[Page 85]]

    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound 
Metal Cleaning (entire regulation).
    (C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from 
Cold and Vapor Degreasing, adopted by the Secretary of the Environment 
on May 12, 1995, and effective on June 5, 1995, including the following:
    (1) Addition of new COMAR 26.11.19.09.A Definitions.
    (2) Addition of new COMAR 26.11.19.09.B Terms Defined, including 
definitions for the terms ``cold degreasing,'' ``degreasing material,'' 
``grease,'' ``halogenated substance,'' ``vapor degreasing,'' and ``VOC 
degreasing material.''
    (3) Addition of new COMAR 26.11.19.09.C Applicability.
    (4) Addition of new COMAR 26.11.19.09.D Requirements.
    (5) Addition of new COMAR 26.11.19.09.E Specifications for Cold 
Degreasing and Requirements for Vapor Degreasing.
    (6) Addition of new COMAR 26.11.19.09.F. Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor 
Degreasing.
    (124) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from 
Vehicle Refinishing, adopted by the Secretary of the Environment on May 
1, 1995, and effective on May 22, 1995, including the following:
    (1) Addition of new COMAR 26.11.19.23A Definitions, including 
definitions for the terms ``base coat/clear coat system,'' ``controlled 
air spray system,'' ``mobile equipment,'' ``multistage coating 
equipment,'' ``precoat,'' ``pretreatment,'' ``primer sealer,'' ``primer 
surfacer,'' ``specialty coating,'' ``topcoat,'' and ``vehicle 
refinishing.''
    (2) Addition of new COMAR 26.11.19.23B. Applicability and 
Exemptions.
    (3) Addition of new COMAR 26.11.19.23C. Coating Standards and 
General Conditions.
    (4) Addition of new COMAR 26.11.19.23D. Calculations.
    (5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty 
Coatings.
    (6) Addition of new COMAR 26.11.19.23F. Coating Application 
Equipment Requirements.
    (7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface 
Preparation Requirements
    (8) Addition of new COMAR 26.11.19.23H. Monitoring and Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.23 Vehicle Refinishing.
    (125) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Four letters dated July 12, 1995 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound (VOC) 
regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Regulations:
    (1) Addition of new COMAR 26.11.19.17 Control of VOC Emissions from 
Yeast Manufacturing, adopted by the Secretary of the Environment on 
October 14, 1994 and effective on November 7, 1994, revisions adopted by 
the Secretary of the Environment on May 12, 1995, and effective on June 
5, 1995, including the following:

[[Page 86]]

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

[[Page 87]]

definitions for the terms ``commercial bakery oven,'' ``fermentation 
time,'' ``yeast percentage,'' and ``Yt value.''
    (iii) Addition of new COMAR 26.11.19.21.C Applicability and 
Exemptions.
    (iv) Addition of new COMAR 26.11.19.21.D General Requirements.
    (v) Addition of new COMAR 26.11.19.21.E Use of Innovative Control 
Methods.
    (vi) Addition of new COMAR 26.11.19.21.F Reporting and Testing 
Requirements.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittals pertaining 
to COMAR 26.11.19.21, .17, .18, and .19.
    (126) Revisions to the Maryland State Implementation Plan submitted 
on July 11, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 11, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.11 Control of VOC Emissions from 
Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of the 
Environment on May 5, 1995, and effective on June 5, 1995, including the 
following:
    (1) Deletion of COMAR 26.11.19.11 title, ``Other Miscellaneous 
Printing and Coating Processes'' and addition of new title, 
``Lithographic Printing.''
    (2) Deletion of COMAR 26.11.19.11.A(4), definition for the term 
``plastic parts coating.''
    (3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts 
coating.
    (4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6) 
Applicability.
    (5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic 
Coating.
    (6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed 
Letter or Lithographic Printing.
    (7) Addition of new COMAR 26.11.19.11.D Requirements for 
Lithographic Web Printing.
    (8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning 
Printing Equipment.
    (9) Deletion of COMAR 26.11.19.10 title, ``Graphic Arts'' and 
addition of new title, ``Flexographic and Rotogravure Printing.''
    (10) Deletion of COMAR 26.11.19.10.A(4), definition for the term 
``web printing.''
    (11) Addition of COMAR 26.11.19.01.B(8), definition for the term 
``web printing.''
    (ii) Additional Material.
    (A) Remainder of July 11, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web 
Lithographic Printing.
    (127) Revisions to the Maryland State Implementation Plan submitted 
on July 11, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 11, 1995 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.07 Control of VOC Emissions from 
Paper Coating, adopted by the Secretary of the Environment on May 5, 
1995, and effective on June 5, 1995, including the following:
    (1) Addition of COMAR 26.11.19.07.A(2-1), definition for the term 
``plastic parts coating.''
    (2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric 
and vinyl coating.
    (3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic 
Coating.
    (ii) Additional Material.
    (A) Remainder of July 11, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.
    (128) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:

[[Page 88]]

    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Revisions to COMAR 26.11.19.01B(4), definition of the term 
``Major stationary source of VOC,'' adopted by the Secretary of the 
Environment on April 13, 1995, and effective on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of the July 12, 1995 Maryland State submittal 
pertaining to COMAR 26.11.19.01B(4), definition of the term ``Major 
stationary source of VOC.''
    (129) Revisions to the State of Maryland Regulations COMAR 
26.11.06.05--Sulfur Compounds from Other than Fuel Burning Equipment 
submitted on February 6, 1998 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting amendments to Code of Maryland Administrative 
Regulations (COMAR) 26.11.06.05--Sulfur Compounds from Other than Fuel 
Burning Equipment.
    (B) Revision to COMAR 26.11.06.05--Sulfur Compounds from Other than 
Fuel Burning Equipment, effective September 22, 1997 to replace the term 
``installations'' with the term ``equipment'' throughout the regulation.
    (ii) Additional materials--Remainder of February 8, 1998 submittal.
    (130) Revisions to the Maryland State Implementation Plan submitted 
on March 31, 1998 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of March 31, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.13, pertaining to the control of VOC emissions from sources 
that store and handle JP-4 jet fuel adopted by the Secretary of the 
Environment on March 28, 1997 and effective August 11, 1997.
    (B) Revisions to COMAR 26.11.13.01(B)(4) the definition of 
``gasoline.''
    (ii) Additional Material: Remainder of March 31, 1998 Maryland State 
submittal pertaining to COMAR 26.11.13 control of VOCs from sources that 
store and handle JP-4 jet fuel.
    (131) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to volatile organic compounds in Maryland's air quality 
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.12: Control of Volatile Organic 
Compound Emissions from Dry Cleaning Installations, adopted by the 
Secretary of the Environment on August 18, 1997, and effective on 
September 22, 1997, including the following:
    (1) Deletion of COMAR 26.11.19.12.B(1), pertaining to 
perchloroethylene dry cleaner installations applicability.
    (2) Deletion of COMAR 26.11.19.12.C, Equipment Specifications and 
Emission Standards--Perchloroethylene Dry Cleaning Installations.
    (3) Deletion of COMAR 26.11.19.12.D, Determination of Compliance--
Perchloroethylene Dry Cleaning Installations.
    (ii) Additional Material--Remainder of February 6, 1998 State 
submittal pertaining to COMAR 26.11.19.12 Control of Volatile Organic 
Compound Emissions from Dry Cleaning Installations
    (132) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to volatile organic compounds in Maryland's air quality 
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

[[Page 89]]

    (B) Revision to COMAR 26.11.13.04: Control of Gasoline and Volatile 
Organic Compound Storage and Handling from Loading Operations, adopted 
by the Secretary of the Environment on July 18, 1997, and effective on 
August 11, 1997, including the following:
    (1) Deletion of COMAR 26.11.13.04.C(1)(b), pertaining to the 
applicability of this regulation to gasoline storage tanks with a 
capacity greater than 250 gallons and less than 2000 gallons.
    (2) Deletion of COMAR 26.11.13.04.C(2), Exemptions.
    (3) Deletion of COMAR 26.11.13.04.C(4), Effective Date of Stage I 
Requirement for Certain Sources.
    (ii) Additional material--Remainder of February 6, 1998 State 
submittal pertaining to COMAR 26.11.13.04 Control of Gasoline and 
Volatile Organic Compound Storage and Handling from Loading Operations.
    (133) Limited approval of revisions to the Maryland State 
Implementation Plan submitted on April 5, 1991 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 1991 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) Addition of COMAR 26.11.19.02G, Control of Major Sources of 
Volatile Organic Compounds, pertaining to major VOC source RACT 
requirements, adopted by the Secretary of the Environment on March 9, 
1991 and effective on May 8, 1991.
    (ii) Additional Material.
    (A) Remainder of the April 5, 1991 Maryland State submittal 
pertaining to COMAR 26.11.19.02G.
    (134) Limited approval of revisions to the Maryland State 
Implementation Plan submitted on June 8, 1993 by the Maryland Department 
of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Revisions to COMAR 26.11.06.06, Volatile Organic Compounds, 
pertaining to minor source VOC requirements, adopted by the Secretary of 
the Environment on March 26, 1993, and effective on April 26, 1993.
    (1) Amendments to COMAR 26.11.06.06A, Applicability.
    (2) Amendments to COMAR 26.11.06.06B, Control of VOC from 
Installations.
    (C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary 
Sources of Volatile Organic Compounds, pertaining to major VOC source 
RACT requirements, adopted by the Secretary of the Environment on March 
26, 1993, and effective on April 26, 1993.
    (ii) Additional Material.
    (A) Remainder of the June 8, 1993 Maryland State submittal 
pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR 
26.11.19.02G.
    (135) Limited approval of revisions to the Maryland State 
Implementation Plan submitted on July 12, 1995 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Revisions to COMAR 26.11.19.02G, Control of Major Stationary 
Sources of Volatile Organic Compounds, pertaining to major VOC source 
RACT requirements, adopted by the Secretary of the Environment on April 
13, 1995, and effective on May 8, 1995.
    (ii) Additional Material.
    (A) Remainder of the July 12, 1995 Maryland State submittal 
pertaining to COMAR 26.11.19.02G.
    (136) Revisions to the Maryland State Implementation Plan submitted 
on May 15, 1995 by the Maryland Department of the Environment.
    (i) Incorporation by reference.

[[Page 90]]

    (A) Letter of May 15, 1995 from the Maryland Department of the 
Environment transmitting Maryland Regulation COMAR 26.11.26.03, 
regarding General Conformity, for approval as a SIP revision.
    (B) Maryland Regulation COMAR 26.11.26.03, effective June 5, 1995.
    (ii) Additional material--Remainder of the May 15, 1995 state 
submittal pertaining to General Conformity.
    (137) Revision to the Maryland State Implementation Plan submitted 
on April 7, 1998 by the Maryland Department of the Environment 
establishing reasonably available control technology (RACT) for two 
additional VOC source category under COMAR 26.11.19, ``Volatile Organic 
Compounds from Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 
1997 and effective August 11, 1997.
    (B) New regulations COMAR 26.11.19.22 ``Control of Volatile Organic 
Compounds from Vinegar Generators''.
    (ii) Additional Material--Remainder of Maryland Department of the 
Environment's April 7, 1998 submittals pertaining to Vinegar Generators.
    (138) Revision to the Maryland State Implementation Plan submitted 
on April 7, 1998 by the Maryland Department of the Environment 
establishing reasonably available control technology (RACT) for an 
additional VOC source category under COMAR 26.11.19, ``Volatile Organic 
Compounds from Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 
1997 and effective August 11, 1997.
    (B) New regulation COMAR 26.11.19.24 ``Control of Volatile Organic 
Compounds from Leather Coating Operations''.
    (ii) Additional Material--Remainder of Maryland Department of the 
Environment's April 7, 1998 submittals pertaining to Leather Coating 
Operations.
    (139) Revisions to the Maryland State Implementation Plan, submitted 
on August 28, 1998, by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998, from the Maryland Department of the 
Environment transmitting additions to Code of Maryland Administrative 
Regulations (COMAR) 26.11.19 Volatile Orgranic Compounds from Specific 
Processes.
    (B) Addition of COMAR 26.11.19.26 Control of Volatile Organic 
Compounds from Reinforced Plastic Manufacturing, effective August 11, 
1997.
    (ii) Additional Material: Remainder of August 28, 1998, State 
submittal pertaining to the addition of COMAR 26.11.19.26 Control of 
Volatile Organic Compounds from Reinforced Plastic Manufacturing to 
COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.
    (140) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.19, pertaining to the 
control of VOC emissions from automotive and light-duty truck coating 
operations.
    (B) Revised COMAR 26.11.19.03, effective September 22, 1997.
    (ii) Additional Material--Remainder of the February 6, 1998 State 
submittal [Revision No. 98-01].
    (141) Revisions to the Maryland State Implementation Plan submitted 
on August 28, 1998 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.19 pertaining to the 
control of VOCs from special processes. The revision adds a new 
regulation at COMAR 26.11.19.25 for the control of VOC compounds from 
explosives and propellant manufacturing adopted by the Secretary of the 
Environment on July 15, 1997 and effective August 11, 1997.

[[Page 91]]

    (B) Revisions to COMAR 26.11.19 entitled Volatile Organic Compounds 
from Specific Processes: The addition of new regulation COMAR 
26.11.19.25 Control of Volatile Organic Compounds from Explosives and 
Propellant Manufacturing.
    (ii) Additional Material: Remainder of August 28, 1998 Maryland 
State submittal pertaining to COMAR 26.11.19.25 to control VOCs from 
sources that manufacture explosives and propellants.
    (142) Revisions to the Maryland State Implementation Plan submitted 
on February 10, 1999 and February 12, 1999 by the Maryland Department of 
the Environment:
    (i) Incorporation by reference.
    (A) Three letters dated February 10, 1998 and one letter dated 
February 12, 1999 from the Maryland Department of the Environment 
transmitting additions to Maryland's State Implementation Plan, 
pertaining to volatile organic compound (VOC) regulations in Maryland's 
air quality regulations, COMAR 26.11.
    (B) Regulations:
    (1) Addition of new COMAR 26.11.19.07-1: Control of VOC Emissions 
from Solid Resin Decorative Surface Manufacturing, adopted by the 
Secretary of the Environment on May 20, 1998 and effective on June 15, 
1998, including the following:
    (i) Addition of new COMAR 26.11.19.07-1.A Definitions, including 
definitions for the terms ``particle plant operation,'' ``related 
operations,'' ``shaped goods plant,'' and ``solid resin decorative 
surface (SRDS) operation.''
    (ii) Addition of new COMAR 26.11.19.07-1.B Applicability.
    (iii) Addition of new COMAR 26.11.19.07-1.C General Requirements for 
SRDS Operations.
    (iv) Addition of new COMAR 26.11.19.07-1.D General Requirements for 
Particle Plant Operations.
    (v) Addition of new COMAR 26.11.19.07-1.E General Requirements for 
Shaped Goods Plants.
    (vi) Addition of new COMAR 26.11.19.07-1.F General Requirements for 
Related Operations.
    (vii) Addition of new COMAR 26.11.19.07-1.G Additional Requirements 
for VOC Storage Tanks.
    (viii) Addition of new COMAR 26.11.19.07-1.H Reporting and Record-
Keeping Requirements.
    (2) Addition of new COMAR 26.11.19.13-2: Control of VOC Emissions 
from Brake Shoe Coating Operations, adopted by the Secretary of the 
Environment on August 4, 1998 and effective on August 24, 1998, 
including the following:
    (i) Addition of new COMAR 26.11.19.13-2.A Definitions.
    (ii) Addition of new COMAR 26.11.19.13-2.B Terms Defined, including 
definitions for the terms ``brake caliper rust preventive coating,'' and 
``brake shoe coating operation.''
    (iii) Addition of new COMAR 26.11.19.13-2.C Applicability.
    (iv) Addition of new COMAR 26.11.19.13-2.D General Coating 
Requirements.
    (v) Addition of new COMAR 26.11.19.18.E Equipment Cleanup.
    (vi) Addition of new COMAR 26.11.19.13.B(3)(e) and (f), exempting 
brake shoe coating and structural steel coating operations from 
Miscellaneous Metal Coatings.
    (3) Addition of new COMAR 26.11.19.13-3: Control of Volatile Organic 
Compounds from Structural Steel Coating Operations, adopted by the 
Secretary of the Environment on June 5, 1998, and effective on June 29, 
1998, including the following:
    (i) Addition of new COMAR 26.11.19.13-3.A Definitions, including 
definitions for the terms ``controlled air spray system,'' ``dip coating 
operation,'' ``protective coating,'' and ``structural steel coating 
operation.''
    (ii) Addition of new COMAR 26.11.19.13-3.B Applicability.
    (iii) Addition of new COMAR 26.11.19.13-3.C Coating Requirements.
    (iv) Addition of new COMAR 26.11.19.13-3.D Cleanup Requirements.
    (4) Revision to COMAR 26.11.19.18: Control of VOC Emissions from 
Screen Printing and Digital Imaging, adopted by the Secretary of the 
Environment on August 4, 1998, and effective on August 24, 1998, 
including the following:
    (i) Addition of new COMAR 26.11.19.18.A(5-1), definition for the 
term ``digital imaging.''
    (ii) Deletion of existing COMAR 26.11.19.18.B-I.

[[Page 92]]

    (iii) Addition of new COMAR 26.11.18.21.B Applicability.
    (iv) Addition of new COMAR 26.11.18.21.C General Requirements for 
Screen Printing.
    (v) Addition of new COMAR 26.11.18.21.D General Requirements for 
Plywood Sign Coating.
    (vi) Addition of new COMAR 26.11.18.21.E General Requirements for 
Plastic Card Manufacturing.
    (vii) Addition of new COMAR 26.11.19.18.F General Requirements for 
Digital Imaging.
    (viii) Addition of new COMAR 26.11.19.18.G Record Keeping.
    (ii) Additional Material.
    (A) Remainder of February 10, 1999 and February 12, 1999 Maryland 
State submittals pertaining to COMAR 26.11.19.07-1, .13-2, .13-3, and 
.18.
    (143) Revisions to the Code of Maryland Air Regulations (COMAR) 
26.11.01.01 and 26.11.09.01, and limited approval of revisions to COMAR 
26.11.09.08, submitted on June 8, 1993 and July 11, 1995 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the 
Environment transmitting COMAR 26.11.09.08, Control of NOX 
Emissions from Major Stationary Sources and amendments to COMAR 
26.11.09.01, Definitions.
    (B) COMAR 26.11.09.08, Control of NOX Emissions from 
Major Stationary Sources, effective on May 10, 1993, replacing the 
existing COMAR 26.11.09.08.
    (C) Amendment to COMAR 26.11.09.01, Definitions, effective on May 
10, 1993.
    (D) Letter of July 11, 1995 from the Maryland Department of the 
Environment transmitting amendments to COMAR 26.11.09.08, Control of 
NOX Emissions from Major Stationary Sources, amendments to 
COMAR 26.11.01.01, Definitions and COMAR 26.11.09.01, Definitions.
    (E) Amendments to COMAR 26.11.09.08, Control of NOX 
Emissions from Major Stationary Sources, effective on June 20, 1994 and 
May 8, 1995.
    (F) Amendment to COMAR 26.11.01.01, Definitions, effective on June 
20, 1994.
    (G) Amendments to COMAR 26.11.09.01, Definitions, effective on June 
20, 1994 and on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of June 8, 1993 and July 11, 1995 State submittals.
    (B) Letter of October 29, 1998 from the Maryland Department of the 
Environment agreeing to meet certain conditions by no later than 12 
months after July 22, 1999.
    (144) Revisions to the Maryland State Implementation Plan submitted 
by the Maryland Department of the Environment on July 10, 1995, March 
27, 1996, and September 25, 1998 as supplemented on May 25, 1999:
    (i) Incorporation by reference.
    (A) Letter of July 10, 1995, from the Maryland Department of the 
Environment transmitting an Enhanced Vehicle Emissions Inspection 
Program.
    (B) Regulations for the Vehicle Emissions Inspection Program COMAR 
11.14.08. adopted by the Secretary of the Environment on August 1, 1994, 
effective January 2, 1995:
    (1) COMAR 11.14.08.01 through COMAR 11.14.08.02, inclusive.
    (2) COMAR 11.14.08.03A.
    (3) COMAR 11.14.08.03A(1).
    (4) COMAR 11.14.08.03A(2) except the word ``federal,'' in the first 
line.
    (5) COMAR 11.14.08.03B.
    (6) COMAR 11.14.08.04.
    (7) COMAR 11.14.08.05, section A.
    (8) COMAR 11.14.08.05 sections B(1) through (7), inclusive.
    (9) COMAR 11.14.08.05 sections C. through F., inclusive.
    (10) COMAR 11.14.08.06 through COMAR 11.14.08.42, inclusive.
    (C) Letter of March 27, 1996, from the Maryland Department of the 
Environment transmitting amendments to the Enhanced Vehicle Emissions 
Inspection Program.
    (D) Letter of September 25, 1998, from the Maryland Department of 
the Environment transmitting amendments to the Enhanced Vehicle 
Emissions Inspection Program.
    (E) The following revisions to the provisions of COMAR 11.14.08 
adopted by the Secretary of the Environment on November 21, 1996, 
effective December 16, 1996:
    (1) Amendments to COMAR 11.14.08.03B.
    (2) The addition of a new COMAR 11.14.08.03C.
    (3) Amendments to COMAR 11.14.08.05B(4).

[[Page 93]]

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

[[Page 94]]

    (29) Amendments to COMAR 11.14.08.11-1, .11-1A(3), .11-1A(4), 11-1B, 
11-1B(4) and 11-1B(5).
    (30) Reservation with a note of COMAR 11.14.08.11-1C.
    (31) Amendments to COMAR 11.14.08.11-1D(1) and 11-1D(2).
    (32) Amendment to COMAR 11.14.08.12.
    (33) Renumbering of COMAR 11.14.08.12B to .12C.
    (34) Reservation with a note of COMAR 11.14.08.12A.
    (35) Addition a new COMAR 11.14.08.12B and .12B(1).
    (36) Addition with a note of a new reserved COMAR 11.14.08.12B(2).
    (37) Amendments to COMAR 11.14.08.12C(1) and C(3).
    (38) Amendments to COMAR 11.14.08.15C(7)(c).
    (39) Amendments to COMAR 11.14.08.16.
    (40) Renumbering COMAR 11.14.08.16C to COMAR 11.14.08.16D.
    (41) Reservation with a note of COMAR 11.14.08.16A and .16B.
    (42) Addition with a note of a new reserved COMAR 11.14.08.16C.
    (43) Amendments to COMAR 11.14.08.16D.
    (44) Renumbering COMAR 11.14.08.22C to COMAR 11.14.08.22D.
    (45) Reservation with a note of COMAR 11.14.08.22A and .22B.
    (46) Addition with a note of a new reserved COMAR 11.14.08.22C.
    (47) Amendments to COMAR 11.14.08.27C(2).
    (48) The deletion of COMAR 11.14.08.27C(3).
    (49) Renumbering COMAR 11.14.08.27C(4) to COMAR 11.14.08.27C(3).
    (50) Amendments to COMAR 11.14.08.28A.
    (51) Amendments to COMAR 11.14.08.32A.
    (52) Amendments to COMAR 11.14.08.32B(5).
    (53) Amendments to COMAR 11.14.08.42.
    (G) Letter of May 25, 1999, from the Maryland Department of the 
Environment transmitting amendments to the Enhanced Vehicle Emissions 
Inspection Program.
    (ii) Additional material.
    (A) Remainder of the July 10, 1995, submittal;
    (B) Remainder of March 27, 1996, submittal;
    (C) Remainder of September 25, 1998, submittal; and
    (D) Remainder of May 25, 1999, submittal.
    (145) Revisions to the Maryland State Implementation Plan submitted 
on April 12, 1999, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 12, 1999, from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to Regulation .15 under Code of Maryland Administrative 
Regulations (COMAR) 26.11.19 Volatile Organic Compounds from Specific 
Processes.
    (B) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive 
Manufacturing and Adhesive Application amending the definition found at 
COMAR 26.11.19.15 A(2) of the term ``honeycomb core installation'' to 
include other substrates. This revision was adopted on March 2, 1999 and 
effective on March 22, 1999.
    (C) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive 
Manufacturing and Adhesive Application clarifying the applicability of 
COMAR 26.11.19.15.C(4) General Emission Standard. This revision was 
adopted on April 9, 1998 and effective on May 4, 1998.
    (ii) Additional Material--Remainder of April 12, 1999 submittal 
pertaining to COMAR 26.11.19.15 Paint, Resin, and Adhesive Manufacturing 
and Adhesive Application.
    (146) Revisions to the Maryland Regulations, through the addition of 
COMAR 26.11.20.04, adopting the National Low Emission Vehicle Program. 
This revision was submitted on March 3, 1999 by the Maryland Department 
of the Environment, and was amended on March 24, 1999:
    (i) Incorporation by reference.
    (A) Letter of March 3, 1999 from the Maryland Department of the 
Environment transmitting a revision to the Maryland State Implementation 
Plan for a National Low Emission Vehicle program.

[[Page 95]]

    (B) Letter of March 24, 1999 from the Maryland Department of the 
Environment revising Maryland's State Implementation Plan for a National 
Low Emission Vehicle program.
    (C) Maryland regulation COMAR 26.11.20.04, entitled ``National Low 
Emission Vehicle Program'', effective March 22, 1999.
    (ii) Additional materials--Remainder of March 3, 1999 and March 24, 
1999 submittals pertaining to COMAR 26.11.20.04.
    (147) Revisions to the Maryland State Implementation Plan submitted 
on March 11, 1999, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of March 11, 1999, from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to Code of Maryland Administrative Regulations (COMAR) 
26.11.19. Volatile Organic Compounds from Specific Processes at 
26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating.
    (B) Revision to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other 
Plastic Parts Coating to add at COMAR 26.11.19.07 F. ``Emission 
Standards for Printing on Plastic Other than Vinyl.'' This revision was 
adopted on August 6, 1997, and effective on September 8, 1997.
    (C) Revisions to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other 
Plastic Parts Coating, adopted August 4, 1998, and effective on August 
24, 1998, including the following:
    (1) Revision to COMAR 26.11.19.07 B. ``Applicability'' at B (1) to 
delete previous text describing subject coating and printing operations 
and to add new text stating that the regulation applies to any coating 
or printing operation that it listed in and has VOC emissions equal to 
or greater than the applicability levels in subsection C. (2) and (3) of 
this regulation.
    (2) Revision to COMAR 26.11.19.07 C. to change the title from 
``Emission Standards for Web, Paper, Fabric, and Vinyl Coating'' to 
``Emission Standards for Coating or Printing Installations.''
    (3) Revision to COMAR 26.11.19.07 C. (1) to delete text which 
specified installations by substrates and listed the associated emission 
standards, and to add text to refer to the installations and emission 
standards found in subsections C. (2) and (3) of this regulation.
    (4) Revision to COMAR 26.11.19.07 to add subsection C. (2) and (3) 
to list in tabular format subject installations, applicability 
thresholds, and VOC emission standards.
    (5) Revision to COMAR 26.11.19.07 to delete subsections E. D. and F. 
as their requirements are found in the new simplified table at COMAR 
26.11.19.07 C (2) and (3).
    (ii) Additional Material--Remainder of March 11, 1999 submittal 
pertaining to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic 
Parts Coating.
    (148) Revisions to the Maryland State Implementation Plan submitted 
on June 8, 1993 and September 25, 2000 by the Maryland Department of the 
Environment.
    (i) Incorporation by reference.
    (A) Letter dated June 8, 1993 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01, 26.11.02, and 
26.11.06, as well as a new COMAR 26.11.17.
    (B) The following provisions of COMAR 26.11.01.01 (General 
Administrative Provisions--Definitions), 26.11.02 (Permits, Approvals, 
and Registration), 26.11.06 (General Emission Standards, Prohibitions, 
and Restrictions), and 26.11.17 (Requirements for Major New Sources and 
Modifications), effective April 26, 1993:
    (1) Revised COMAR 26.11.01.01J (definition of ``Modification'') 
[currently cited as COMAR 26.11.01.01B(20)].
    (2) New COMAR 26.11.01.01M-1 definition of ``New Source Review 
Source'' (NSR Source) [currently cited as COMAR 26.11.01.01B(24)], 
replacing COMAR 26.11.01.01L (``New Source Impacting on a Non-Attainment 
Area--NSINA'').
    (3) Revised COMAR 26.11.02.03A(1), .03B, .09A (introductory 
paragraph), 09A(5), .10C (introductory paragraph), .11A (introductory 
paragraph), .11A(3).
    (4) Revised COMAR 26.11.06.06E(1).
    (5) New COMAR 26.11.17.01A; .01B(1)(a), (b); .01B(2) through 
.01B(14); .01B(15)(a)[introductory paragraph only], (c), (d), (e)[except 
iii], (f); .01B(16) through (18); .02B through .02F; .03A;

[[Page 96]]

.03B(1), .03B(2), .03B(3)(a) through .03B(3)(d)[except introductory 
paragraph]; .03B(4); .03B(5); .03C; .03D; .05A; .05B(1); .05B(3). This 
rule replaces COMAR 26.11.06.11.
    (C) Letter dated September 25, 2000 from the Maryland Department of 
the Environment transmitting revisions to COMAR 26.11.17.
    (D) The following provisions of COMAR 26.11.17 (Requirements for 
Major New Sources and Modifications), effective October 2, 2000: 
.01B(1)(c); .01B(15)(a)(i), .01B(15)(a)(ii), .01B(15)(b), 
.01B(15)(e)(iii); .02A(1), .02A(2); .03B(3), .03B(5), .03B(6)[formerly 
.03B(5)], .04A(1), .04A(2), .04B, .04C(1), .04C(2); .05B(2).
    (149) Revisions to the Maryland Regulations related to use of 
pollution control devices in COMAR 26.11.12 Control of Batch Type Hot-
Dip Galvanizing Installations submitted on July 17, 1995 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the 
Environment to Mr. Stanley Laskowski of EPA transmitting revisions to 
COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations 
related to use of control equipment to meet visible emission 
limitations.
    (B) Revision to COMAR 26.11.12 Control of Batch Type Hot-Dip 
Galvanizing Installations related to use of control equipment to meet 
visible emission limitations. Revisions were effective on May 8, 1995.
    (ii) Additional materials--Remainder of July 17, 1995, submittal 
related to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing 
Installations and the use of pollution control equipment to meet visible 
emission limitations.
    (150) Revisions to the Maryland Regulations related to visible 
emissions standards for iron and steel installations submitted on March 
30, 1987 and December 15, 1987 by the Maryland Department of Health and 
Mental Hygiene (currently known as the Maryland Department of the 
Environment):
    (i) Incorporation by reference.
    (A) Letters of March 30, 1987 and December 15, 1987 from the 
Maryland Department of Health and Mental Hygiene (currently known as the 
Maryland Department of the Environment) transmitting revisions related 
to visible emissions standards for iron and steel installations.
    (B) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 
26.11.10.03B(2)], effective March 24, 1987.
    (C) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 
26.11.10.03B(2)], effective January 5, 1988.
    (ii) Additional Material. Remainder of the March 30, 1987 and 
December 15, 1987 submittals.
    (151) Revisions to the Maryland State Implementation Plan submitted 
on August 28, 1998, November 16, 1999 and March 20, 2000 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (B) Letter of November 16, 1999 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (C) Letter of March 20, 2000 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (D) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources (NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, effective June 1, 1998.
    (1) Addition of COMAR 26.11.27.01 through COMAR 26.11.27.14, except 
COMAR 26.11.27.04, .07 and .11.
    (2) Addition of COMAR 26.11.28.01 through COMAR 26.11.28.13, except 
COMAR 26.11.28.08.
    (E) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources (NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, effective October 18, 1999, consisting of the addition 
of new COMAR 26.11.27.04, .07 and .11.

[[Page 97]]

    (F) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources ( NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, consisting of the consent agreement between the Maryland 
Department of the Environment and the Potomac Electric Power Company, 
effective September 13, 1999.
    (G) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources ( NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, consisting of the consent agreement between the Maryland 
Department of the Environment and the Baltimore Gas & Electric Company, 
effective November 19, 1999.
    (ii) Additional Material--Remainder of August 28, 1998, November 16, 
1999 and March 20, 2000 submittals pertaining to the Nitrogen Oxides 
Budget Program.
    (152) Revisions to the Maryland Regulations governing visible 
emissions submitted on March 21, 1991 and November 5, 1997 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letters from the Maryland Department of the Environment dated 
March 21, 1991 and November 5, 1997 submitting revisions to the Maryland 
State Implementation Plan.
    (B) Document entitled ``Procedures To Be Used To Evaluate An 
Application For An Alternative Visible Emissions Standard Under COMAR 
26.11.06.02B''.
    (C) Code of Maryland Administrative Regulations (COMAR) 10.18.06.02 
(General Emission Standards, Prohibitions, and Restrictions--Visible 
Emissions), Sections 10.18.06.02A(1), .02(A)(1)(a), .02(A)(2), and 
.02C(1) and (2), effective December 3, 1984.
    (D) Recodified COMAR 26.11.06.02 (General Emission Standards, 
Prohibitions, and Restrictions--Visible Emissions), Sections 
26.11.06.02A(1) [General paragraph], .02A(1)(a) through (d) and (f), 
.02A(2), and .02C(1) through (3), effective August 1, 1988.
    (E) COMAR 26.11.06.02B (Visible Emissions--Case-by-Case Exception to 
the Visible Emissions Standards).
    (1) COMAR 10.18.06.02B(1)(a) through (d), .02B(2)(a), .02B(4)(a) and 
(b), and .02B(5)(a) and (b), effective December 3, 1984. This rule 
replaces COMAR 10.18.01.08. [Recodified as COMAR 26.11.06.02B, effective 
August 1, 1988.]
    (2) COMAR 26.11.06.02B(2)(b) through (e) and .02 B(4)(c), effective 
July 3, 1995.
    (F) Recodified COMAR 26.11.06.03D (Particulate Matter from Materials 
Handling and Construction), effective August 1, 1988.
    (ii) Additional Material.
    (A) Remainder of the March 21, 1991 submittal (MD91-01) as it 
pertains to the recodification of COMAR 26.11.06.02 and 26.11.06.03D.
    (B) Remainder of the November 5, 1997 submittal (MD97-02).
    (153) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 and October 10, 2000 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter dated April 2, 1992 from the Maryland Department of the 
Environment transmitting revisions to the testing and observation 
procedures for iron and steel production operations
    (B) The following revised Maryland provisions, effective February 
17, 1992.
    (1) Revised COMAR 26.11.10.07.
    (2) Technical Memorandum 91-01, Supplement 1--Appendix A, Test 
Method 5 and Method 8.
    (C) Letter dated October 10, 2000 from the Maryland Department of 
the Environment transmitting revisions to regulations and technical 
memoranda governing control of iron and steel production operations.
    (D) The following revised Maryland provisions, effective November 2, 
1998.
    (1) Revisions to COMAR 26.11.01.04C(2).
    (2) Revisions to the following provisions of COMAR 26.11.10: 
Paragraphs .02A., .02B(2), .02B(3), .03A(2)(a) through (c), .03A(2)(e), 
.03B [introductory paragraph], .03B(5) [formerly cited as .03B(6)], 
.04B(2) introductory paragraph [combined with provision formerly cited 
as .04B(2)(a)], .04B(2)(c)(i) and .04B(2)(c)(ii) [formerly cited as 
.04B(2)(e)(i) and .04B(2)(e)(ii) respectively], .04B(2)(f), .04B(3) 
through(5), and.05.

[[Page 98]]

    (3) Removal of the following provisions: COMAR 26.11.10.01B(1) 
[existing provision .01B(2) is renumbered as .01B(1)], .03B(1) [existing 
provisions .03B(2) through(5) are renumbered as .03B(1) through (4)], 
.03B(7), .03B(8), .03C, .03D, .04A(2) and .04A(3) [existing provision 
.04A(1) is renumbered as .04A], .04B(2)(b), and .04B(2)(h) [existing 
provisions .04B(2)(c) through (g) and (i) are renumbered as .04B(2)(a) 
through (f)].
    (4) Addition of COMAR 26.11.10.01B(2) and new .03C.
    (5) Technical Memorandum 91-01, Supplement 3--Test Methods 1004, 
1004F, 1004G, 1004H, and 1004I.
    (E) Revisions to COMAR 26.11.10.03C(1) [formerly cited as .03C], and 
the addition of Paragraphs .03C(2) and .03C(3); effective October 2, 
2000.
    (ii) Additional materials--Remainder of the state submittals 
pertaining to the revisions listed in paragraph (c)(153) (i) of this 
section.
    (154) Revisions to the Maryland Regulations pertaining to the 
Nitrogen Oxides (NOX) Reduction and Trading Program submitted 
on April 27, 2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 27, 2000 from the Maryland Department of the 
Environment transmitting additions to the Maryland State Implementation 
Plan pertaining to the NOX Reduction and Trading Program.
    (B) Revisions to COMAR 26.11.29, NOX Reduction and 
Trading Program and COMAR 26.11.30, Policies and Procedures Relating to 
Maryland's NOX Reduction and Trading Program, effective May 
1, 2000.
    (1) Addition of COMAR 26.11.29.01 through COMAR 26.11.29.15.
    (2) Addition of COMAR 26.11.30.01 through COMAR 26.11.30.09.
    (ii) Additional material. Remainder of April 27, 2000 submittal 
pertaining to the NOX Reduction and Trading Program.
    (155) Revisions to the Maryland Regulations for NOX RACT 
regulations submitted on September 8, 2000 by the Maryland Department of 
the Environment:
    (i) Incorporation by reference.
    (A) Letter of September 8, 2000 from the Maryland Department of the 
Environment transmitting the Maryland NOX RACT regulations.
    (B) The Maryland NOX RACT regulations found at COMAR 
26.11.09.08, effective October 18, 1999, as revised effective September 
18, 2000. This rule replaces COMAR 26.11.09.08, effective May 10, 1993, 
as revised effective June 20, 1994 and May 8, 1995.
    (C) Addition of COMAR 26.11.09.01B(3-1) (definition of the term 
``high heat release unit''), effective September 18, 2000.
    (ii) Additional materials--Remainder of September 8, 2000 submittal.
    (156) Revision to the Maryland Regulations replacing the existing 
regulation and adopting a new regulation for control of volatile organic 
compounds (VOC) from expandable polystyrene operations (EPO) submitted 
on October 20, 2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of October 20, 2000 from the Maryland Department of the 
Environment transmitting the EPO regulations.
    (B) The Maryland EPO regulations found at COMAR 26.11.19.19, 
effective October 2, 2000. This rule replaces COMAR 26.11.19.19, 
effective July 3, 1995.
    (ii) Additional materials--Remainder of the October 20, 2000 
submittal.
    (157) Revision to the Maryland Regulations establishing VOC 
reasonably available control technology (RACT) standards for facilities 
that recycle bakery and confectionary waste submitted on October 31, 
2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of October 31, 2000 from the Maryland Department of the 
Environment transmitting the VOC RACT regulations for facilities that 
recycle bakery and confectionary waste.
    (B) The Maryland VOC RACT regulations for facilities that recycle 
bakery and confectionary waste found at COMAR 26.11.19.28, effective 
October 2, 2000.
    (ii) Additional materials--Remainder of the October 31, 2000 
submittal.
    (158) Revision to the Maryland Regulations which adopt by reference 
the

[[Page 99]]

EPA definition of VOC found at 40 CFR 51.100(s), update the Maryland 
regulation references to the federal PSD regulations at 40 CFR 52.21 and 
include other miscellaneous revisions submitted on February 6, 1998 by 
the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting the adoption of the federal definition of VOC, 
federal reference updates and other miscellaneous revisions.
    (B) The amendment to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
which updates the references for incorporation of the federal PSD 
regulations found at 40 CFR 52.21 from the 1993 to the 1996 edition of 
the CFR and include other miscellaneous revisions (COMAR 26.11.01.01B(6-
1) and COMAR 26.11.06.06A(1)(d)), effective June 30, 1997.
    (C) The amendment to COMAR 26.11.01.01B(53) which adopts by 
reference the EPA definition of VOC found at 40 CFR 51.100(s), 1996 
edition of CFR, effective September 22, 1997.
    (ii) Additional materials--Remainder of the February 6, 1998 
submittal.
    (159) Revision to the Maryland Regulations updating the references 
to the federal definition of VOC at 40 CFR 51.100(s) and the federal PSD 
regulations at 40 CFR 52.21, submitted on November 16, 2000 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 16, 2000 from the Maryland Department of the 
Environment transmitting the updates to the Maryland regulation 
references to the federal definition of VOC at 40 CFR 51.100(s) and the 
federal PSD regulations at 40 CFR 52.21.
    (B) The amendments to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
which update the reference for incorporation of the federal PSD 
regulations found at 40 CFR 52.21 from the 1996 to the 1999 edition of 
the CFR and the amendment to COMAR 26.11.01.01B(53) which updates the 
federal reference for incorporation of the EPA definition of VOC found 
at 40 CFR 51.100(s) from the 1996 to the 1999 edition of the CFR, 
effective October 16, 2000.
    (ii) Additional materials--Remainder of the November 16, 2000 
submittal.
    (160) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes, submitted on October 5, 2001 
by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of October 5, 2001 from the Maryland Department of the 
Environment transmitting Maryland Regulation, COMAR 26.11.19.29, Control 
of Volatile Organic Compounds From Distilled Spirits Facilities.
    (B) Additions of COMAR 26.11.19.29, Control of Volatile Organic 
Compounds From Distilled Spirits Facilities, adopted by the State of 
Maryland on September 11, 2000 and effective October 2, 2000.
    (C) Revisions to COMAR 26.11.19.29, Control of Volatile Organic 
Compounds From Distilled Spirits Facilities, adopted by the State of 
Maryland on September 25, 2001 and effective October 15, 2001.
    (ii) Additional materials--Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(160)(i)(B) and (C) 
of this section.
    (161) Revisions to the State of Maryland Regulations pertaining to 
the repeal of COMAR 26.11.11.04, Petroleum Refineries, submitted on 
January 4, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 4, 2001, from the Maryland Department of the 
Environment transmitting amendments to COMAR 26.11.11 to repeal 
Regulation 26.11.11.04, Petroleum Refineries.
    (B) Amendments to COMAR 26.11.11, Control of Petroleum Products 
Installations, including Asphalt Paving and Asphalt Concrete Plants, 
repealing Regulation 26.11.11.04, Petroleum Refineries, effective 
October 5, 1998.
    (ii) Additional Material. Remainder of the January 4, 2001 submittal 
pertaining to the repeal of COMAR 26.11.11.04, Petroleum Refineries.
    (162) Revisions to the Maryland State Implementation Plan submitted 
on February 5, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 5, 2001 from the Maryland Department of 
the Environment transmitting revisions to

[[Page 100]]

the Maryland State Implementation Plan, consisting of the addition of 
COMAR 26.11.19.30 Control of Volatile Organic Compounds from Organic 
Chemical Production.
    (B) Addition of new COMAR 26.11.19.30 Control of Volatile Organic 
Compounds from Organic Chemical Production, adopted by the Secretary of 
the Environment on December 6, 2000 and effective on January 8, 2001, 
including the following:
    (1) addition of new COMAR 26.11.19.30 A. Definitions.
    (2) addition of new COMAR 26.11.19.30 B. Terms Defined.
    (3) addition of new COMAR 26.11.19.30.C. Applicability.
    (4) addition of new COMAR 26.11.19.30.D. General Requirements.
    (5) addition of new COMAR 26.11.19.30.E. Demonstration of 
Compliance.
    (ii) Additional materials--Remainder of the February 5, 2001 
submittal.
    (163) Revisions to the Maryland Regulations submitted on January 8, 
2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated January 8, 2001 from the Maryland Department of the 
Environment transmitting regulations that establish reasonably available 
control technology (RACT) requirements for those sources at integrated 
steel mills that cause emissions of volatile organic compounds (VOCs).
    (B) The following revisions to COMAR 26.11.10, effective December 
25, 2000:
    (1) Addition of COMAR 26.11.10.01B(1) through .0B(5) inclusive, and 
.01B(8.) [existing provisions .01B(1) and .01B(2) are renumbered as 
.01B(6) and .01B(7) respectively].
    (2) New COMAR 26.11.10.06 (Control of Volatile Organic Compounds 
from Iron and Steel Production Installations).
    (3) Revisions to COMAR 26.11.10.07 (Testing and Observation 
Procedures).
    (C) Letter dated May 29, 2001 from the Maryland Department of the 
Environment, noting the correction of a typographical error made in the 
Maryland Register publication of the Iron and Steel VOC RACT rule.
    (ii) Additional materials--Remainder of the state submittal 
pertaining to the regulations listed in paragraph (c)(163)(i)(B) of this 
section.
    (164) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 and May 14, 2001 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of May 14, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.01 (General 
Administrative Definitions).
    (B) The following revised provisions of COMAR 26.11.01.01, effective 
June 20, 1994:
    (1) 26.11.01.01A.
    (2) 26.11.01.01B(1) through .01B(20), except for .01B(3) and 
.01B(13).
    (3) 26.11.01.01B(24) through .01B(36), except for .01B(25).
    (4) 26.11.01.01B(38) through .01B(53).
    (C) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.01 (General 
Administrative Definitions).
    (D) Revised COMAR 26.11.01.01B(43) [definition of ``source''], 
effective June 30, 1997.
    (ii) Additional Material.
    (A) Remainder of May 14, 2001 submittal.
    (B) Remainder of February 6, 1998 submittal related to the revised 
definition of ``source.''
    (165) Revisions to the Maryland State Implementation Plan submitted 
on June 12, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 12, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.04 (Ambient Air 
Quality Standards).
    (B) The following revised provisions of COMAR 26.11.04, effective 
May 8, 1995:
    (1) Revised chapter title of COMAR 26.11.04.
    (2) New 26.11.04.03 through .09 (formerly COMAR 26.11.03.01 through 
.07 [State-Adopted National Ambient Air Quality Standards and 
Guidelines], effective prior to May 8, 1995).
    (3) Addition of COMAR 26.11.04.02.
    (ii) Additional Material.

[[Page 101]]

    (A) Remainder of June 12, 2001 submittal.
    (166) Revisions to the Maryland State Implementation Plan submitted 
on August 20, 2001 by the Maryland Department of the Environment 
consisting of Reasonably Available Control Technology (RACT) 
requirements to reduce volatile organic compound (VOC) emissions from 
marine vessel coating operations.
    (i) Incorporation by reference.
    (A) A letter dated August 20, 2001 from the Maryland Department of 
the Environment transmitting an addition to Maryland's State 
Implementation Plan, pertaining to volatile organic compound (VOC) 
regulations in Maryland's air quality regulations, COMAR 26.11.19.27.
    (B) Addition of new COMAR 26.11.19.27--Control of Volatile Organic 
Compounds from Marine Vessel Coating Operations, effective on October 
20, 1997.
    (ii) Additional materials--Remainder of the August 20, 2001 
submittal pertaining to COMAR 26.11.19.27--Control of VOC Emissions from 
Marine Vessel Coating Operations.
    (167)(i) Incorporation by reference.
    (A) Letter dated February 21, 2001 submitted by the Maryland 
Department of the Environment transmitting the source-specific VOC RACT 
determination for the Thomas Manufacturing Corporation Inc., in the form 
of a Consent Order.
    (B) Consent Order for the Thomas Manufacturing Corporation Inc., 
dated February 6, 2001, with an effective date of February 15, 2001.
    (ii) Additional materials--Other materials submitted by the State of 
Maryland in support of and pertaining to the RACT determination for the 
source listed in paragraph (c)(167)(i)(B) of this section.
    (168) SIP revision submitted on April 25, 2001 by the State of 
Maryland consisting of a Consent Order dated April 16, 2001 between the 
Maryland Department of the Environment and Constellation Power Source 
Generation Inc. The Consent Order establishes a system-wide inter-
facility emissions averaging plan to comply with NOX RACT 
requirements at five facilities owned by Constellation Power Source 
Generation Inc. and located in the State of Maryland.
    (i) Incorporation by reference.
    (A) Letter of April 25, 2001 from the Maryland Department of the 
Environment (MDE) transmitting a Consent Order issued by MDE to 
Constellation Power Source Generation, Inc. establishing an averaging 
plan at five electric generating plants as a means of compliance with 
the NOX RACT requirements.
    (B) Consent Order between the Maryland Department of the Environment 
and Constellation Power Source Generation, Inc. dated April 16, 2001.
    (C) NOX RACT Averaging Plan Proposal submitted by 
Constellation Power Source Generation, Inc. dated November 6, 2000.
    (ii) Additional materials--Remainder of the state submittal 
pertaining to the revision listed in paragraph (c)(168) of this section.
    (169) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes, submitted on October 5, 2001 
by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of October 5, 2001 from the Maryland Department of the 
Environment transmitting Maryland Regulation, COMAR 26.11.19.13-1, 
Aerospace Coating Operations.
    (B) Addition of COMAR 26.11.19.13-1, Aerospace Coating Operations, 
adopted by the State of Maryland on September 11, 2000 and effective 
October 2, 2000.
    (C) Revisions to COMAR 26.11.19.13-1, Aerospace Coating Operations, 
adopted by the State of Maryland on September 25, 2001 and effective 
October 15, 2001.
    (ii) Additional materials--Remainder of the State submittals 
pertaining to the regulations listed in paragraphs (c)(169)(i)(B) and 
(C) of this section.
    (170) Revisions to the Maryland Regulation, COMAR 26.11.14, Control 
of Emissions from Kraft Pulp Mills, submitted on October 5, 2001 by the 
Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of October 5, 2001 from the Maryland Department of the 
Environment transmitting Maryland Regulations COMAR 26.11.14.01, 
26.11.14.02 and

[[Page 102]]

26.11.14.06, Control of Emissions from Kraft Pulp Mills.
    (B) Additions of COMAR 26.11.14.01, COMAR 26.11.14.02 and COMAR 
26.11.14.06, Control of Emissions from Kraft Pulp Mills, adopted by the 
State of Maryland on December 13, 2000 and effective January 8, 2001.
    (C) Revisions to COMAR 26.11.14.01 and COMAR 26.11.14.06, Control of 
Emissions from Kraft Pulp Mills, adopted by the State of Maryland on 
September 25, 2001 and effective October 15, 2001.
    (ii) Additional materials--Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(170)(i)(B) and (C) 
of this section.
    (171) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) which update the Maryland regulation references to both the 
Federal Prevention of Significant Deterioration (PSD) regulations found 
at Sec. 52.21 and the EPA definition of ``volatile organic compound'' 
(VOC) found at 40 CFR 51.100(s) of the 2000 edition of the Code of 
Federal Regulations, submitted on December 11, 2001 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of December 11, 2001 from the Maryland Department of the 
Environment transmitting updated references to the Code of Federal 
Regulations (CFR) with regard to the Prevention of Significant 
Deterioration (PSD) regulations and the definition of ``volatile organic 
compound'' (VOC).
    (B) Revisions to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
effective December 10, 2001, which updates the references for 
incorporation of the Federal PSD regulations found at Sec. 52.21 from 
the 1999 to the 2000 edition of the CFR.
    (C) The revision to COMAR 26.11.01.01B(53) effective December 10, 
2001, which updates the references of the EPA definition of VOC found at 
40 CFR 51.100(s) from the 1999 edition to the 2000 edition of CFR.
    (ii) Additional material. Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(171)(i)(B) and (C) 
of this section.
    (172) Revision to the Code of Maryland Administrative Regulations 
(COMAR) governing general records and information requirements, 
submitted on December 11, 2001 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of December 11, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.05 (Records and 
Information).
    (B) Revised COMAR 26.11.01.05, effective June 30, 1997, replacing 
COMAR 26.11.01.05, effective July 18, 1980, as recodified August 1, 
1988.
    (C) Revision to the introductory paragraph of COMAR 26.11.01.05A., 
effective December 10, 2001.
    (ii) Additional material. Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(172)(i)(B) and (C) 
of this section.
    (173) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 6, 1998 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, concerning exemption of certain intermittent 
visible emissions requirements at Federal facilities, establishment of 
specific requirements for safety determinations at Federal facilities, 
and amendment to open burning distance limitations under the ``open 
fire'' rule.
    (B) The following additions and revisions to the Code of Maryland 
Administrative Regulations (COMAR), effective August 11, 1997:
    (1) COMAR 26.11.06.02A(1)--introductory text of paragraph 
(1)[revised], and 26.11.06.02A(1)(j) [added].
    (2) COMAR 26.11.07.01B(5) [added], 26.11.07.03B(1)(c) [revised], and 
26.11.07.06 [added].
    (ii) Additional materials--Remainder of the February 6, 1998 
submitted by the Maryland Department of the Environment pertaining to 
the amendments in paragraph (c)(173)(i) (B) of this section.
    (174) Revisions to the Maryland State Implementation Plan submitted 
on November 20, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.

[[Page 103]]

    (A) Letter dated November 20, 2001 from the Maryland Department of 
the Environment transmitting a revision to Maryland State Implementation 
Plan concerning an alternative method for a source to achieve compliance 
with volatile organic compound (VOC) requirements for specific 
processes.
    (B) Revisions to Code of Maryland Administrative Regulation (COMAR) 
26.11.19.02B (Applicability, Determining Compliance, Reporting and 
General Requirements--Method of Compliance), effective May 4, 1998, 
which revises paragraph .02B(2)(c), adds a new paragraph .02B(2)(d), and 
renumbers former paragraph .02B(2)(d) as .02B(2)(e).
    (ii) Additional materials--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(174)(i) of this 
section.
    (175) Revisions to the Maryland State Implementation Plan submitted 
on December 6, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated December 6, 2001 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, concerning good operating practices, equipment 
cleanup procedures, and volatile organic compound (VOC) storage tank 
vapor control requirements for specific processes.
    (B) Addition of Code of Maryland Administrative Regulation (COMAR) 
26.11.19.02I--(Applicability, Determining Compliance, Reporting and 
General Requirements--Good Operating Practices, Cleanup, and VOC 
Storage), effective December 10, 2001.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(175)(i) of this 
section.
    (176) Revisions to the Maryland State Implementation Plan submitted 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of December 6, 2001 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan concerning VOC requirements for facilities that produce inorganic 
chemicals and polytetrafluoroethylene (PTFE) products.
    (B) The following revisions to Code of Maryland Administrative 
Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds 
from Chemical Production and Polytetrafluoroethylene Installations), 
effective December 10, 2001:
    (1) Revised title for COMAR 26.11.19.30.
    (2) Addition of paragraphs .30B(3-1), .30B(3-2), .30B(4-1), .30B(4-
2), .30B(5)(b), and .30E(1) through (5) inclusive.
    (3) Renumbering of former paragraphs .30B(5), .30C(3), and .30E(1) 
as paragraphs .30B(5)(a), .30C(2) and .30F respectively.
    (4) Revisions to paragraphs .30C(1), renumbered .30C(2), .30D. 
(paragraph title), .30D(1), .30D(2), .30D(3), .30D(4) (introductory 
paragraph) and .30F.
    (5) Removal of former paragraphs .30C(2) and .30E(2).
    (C) Letter of November 6, 2002 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan concerning VOC requirements for facilities that produce inorganic 
chemicals and polytetrafluoroethylene (PTFE) products.
    (D) The following revisions to Code of Maryland Administrative 
Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds 
from Chemical Production and Polytetrafluoroethylene Installations), 
effective November 11, 2002:
    (1) Revisions to paragraphs .30B(4-1), .30B(4-2), .30C(2), .30C(3), 
and .30E(1).
    (2) Addition of paragraphs .30B(4-3), .30B(4-4), and .30E(6).
    (ii) Additional materials--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(176)(i) of this 
section.
    (177) Revisions to the Code of Maryland Administrative Regulation 
(COMAR) 26.11.19.18 pertaining to the establishment of a VOC limit for 
overprint varnish used in the cosmetic industry, submitted on June 21, 
2002, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 21, 2002, from the Maryland Department of the 
Environment transmitting amendments to Regulation .18, Control of 
Volatile Organic Compound Emissions from

[[Page 104]]

Screen Printing and Digital Imaging, under COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes.
    (B) Additions and Revisions to COMAR 26.11.19.18, Control of 
Volatile Organic Compound Emissions from Screen Printing and Digital 
Imaging under COMAR 26.11.19, Volatile Organic Compounds from Specific 
Processes, effective June 10, 2002:
    (1) Revised COMAR 26.11.19.18A(4)(a) and added COMAR 
26.11.19.18A(4)(b), revising the definition of the term ``Clear 
coating.''
    (2) Added COMAR 26.11.19.18A (10-1), adding a definition for the 
term ``Overprint varnish.''
    (3) Added COMAR 26.11.19.18C(1)(a) (General Requirements for Screen 
Printing). Former COMAR 26.11.19.18C(1)(a) through (c) is renumbered as 
26.11.19.18C(1)(b) through (d).
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(177)(i) of this 
section.
    (178) Revisions to the Maryland State Implementation Plan for Stage 
II Vapor Recovery at Gasoline Dispensing Facilities submitted on May 23, 
2002 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of May 23, 2002 from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan pertaining to Stage II Vapor Recovery at Gasoline Dispensing 
Facilities.
    (B) The following revisions and additions to COMAR 26.11.24, 
effective on April 15, 2002:
    (1) Revisions to .01B(1) and (17); addition of .01B(18) and 
.01B(19).
    (2) Addition of .01-1.
    (3) Revisions to .02C(1) and (3); addition of .02D, .02E and .02F.
    (4) Revisions to .03F; addition of .03H and .03I.
    (5) Revisions to .04A (introductory paragraph), .04B, .04C and 
.04C(1); addition of .04A(1) through .04A(5) and .04C(2).
    (6) Revisions to .07A, .07B and .07D; addition of .07E.
    (ii) Additional materials--Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(178)(i) of this 
section.
    (179) Revisions to the Code of Maryland Administrative Regulation 
(COMAR) 11.14.08 pertaining to the request for delay in the 
incorporation of On-board Diagnostics testing in the state's Vehicle 
Inspection and Maintenance Program submitted on July 9, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 9, 2002 from the Maryland Department of the 
Environment transmitting amendments to Regulations .03, .06, .09, .12, 
and .16 under COMAR 11.14.08, Vehicle Emissions Inspection Program.
    (B) Additions and revisions to COMAR 11.14.08.03, .06, .09, .12, and 
.16, effective June 10, 2002:
    (1) Added COMAR 11.14.08.03E.
    (2) Revised COMAR 11.14.08.06A(3)(r), .09F, .12C(1) through (3) 
inclusive, and .16D.
    (ii) Additional Materials--Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(179)(i) of this 
section.
    (180) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on November 18, 2002 and November 26, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 18, 2002 from the Maryland Department of the 
Environment transmitting the removal of Code of Maryland Administrative 
Regulation (COMAR) 10.18.03.08--the State ambient air quality standard 
for hydrocarbons.
    (B) Removal of COMAR 10.18.03.08, effective October 14, 1985.
    (C) Letter of November 26, 2002 from the Maryland Department of the 
Environment transmitting revisions to COMAR 10.18.09.05 regarding the 
removal of provisions granting visible emissions exceptions by control 
officers in Maryland Areas I, II, V, and VI.
    (D) Removal of COMAR 10.18.09.05A(3)(b)(i) and .05A(3)(b)(ii), 
effective December 3, 1984.
    (ii) Additional Material.
    (A) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(180)(i) of this section.

[[Page 105]]

    (B) Letter dated January 9, 2003 from the Maryland Air and Radiation 
Management Administration to the Environmental Protection Agency, Region 
III, clarifying the reasons for removing the provisions of COMAR 
10.18.09.05B(3)(i) and (ii).
    (181) Revisions to the Code of Maryland's Administrative Regulations 
(COMAR) for particulate matter, visible emissions and sulfur compounds 
submitted on November 6, 2002 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of November 6, 2002 from the Maryland Department of the 
Environment transmitting the revision consisting of housekeeping and 
clarification amendments to Regulations .02, .03, and .05 under COMAR 
26.11.06 General Emission Standards, Prohibitions and Restrictions.
    (B) The following amendments to COMAR 26.11.06--General Emission 
Standards, Prohibitions and Restrictions, effective November 11, 2002:
    (1) Addition of COMAR 26.11.06.02A(1)(k).
    (2) Revisions to COMAR 26.11.06.02A(1)(j), .02A(2), .02C(1), .03C 
(introductory paragraph), .03C(1), and .05A.
    (3) Removal of COMAR 26.11.06.02C(3).
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(181)(i) of this 
section.
    (182) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) under COMAR 26.11.02, Permits, Approvals, and Registration that 
were adopted from 1995 thorough 1999 and related amendments under COMAR 
26.11.06, General Emission Standards, Prohibitions, and Restrictions, 
and COMAR 26.11.19, Volatile Organic Compounds from Specific Processes 
on November 1, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 1, 2002 from the Maryland Department of the 
Environment (MDE) transmitting revisions to COMAR 26.11.02, 26.11.06 and 
26.11.19.
    (B) The following new provisions of COMAR 26.11.02 (Permits, 
Approvals and Registration), effective May 8, 1995, replacing COMAR 
26.11.02.01 through 26.11.02.16, as amended effective through April 26, 
1993:
    (1) COMAR 26.11.02.01A; 26.11.02.01B(2), (3), (7) through (9), (11) 
through (14), (17) through (21), (23) through (28), (34) through (36), 
(38), (40), (41), (43) through (45), (47), (48), (51) through (53), and 
(55); and 26.11.02.01C.
    (2) COMAR 26.11.02.02 (except .02D), .03, .04 (except .04C(2)), .05 
through .10, .11 (except .11C), and .12 through 14.
    (C) Revision to COMAR 26.11.06.06E(4)(g), effective May 8, 1995.
    (D) Revision to COMAR 26.11.19.02G(3)(b), effective May 8, 1995.
    (E) Revisions to COMAR 26.11.02.01B(13), .06B (introductory 
paragraph) and .06B(5), .10O(2), .10Q(7), .10U, .10V, .11A(1), .12A(1) 
and (2), .14A(1); addition of 26.11.02.10O(13) and (14), .10W, 
.11A(2)and .12A(3); removal of 26.11.02.14A(2)--existing .14A(3) is 
renumbered as .14A(2), effective June 16, 1997.
    (F) Revision to COMAR 26.11.02.10E, effective September 22, 1997.
    (G) Revision to COMAR 26.11.02.09C, effective May 4, 1998.
    (H) Revisions to COMAR 26.11.02.10C, .10V and .10W; addition of 
COMAR 26.11.02.10X, effective March 22, 1999.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(182)(i) of this 
section.
    (183) Revisions to the Maryland Regulations pertaining to Control of 
Fuel Burning Equipment, Stationary Internal Combustion Engines, and 
Certain Fuel Burning Installations, submitted on November 6, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated November 6, 2002 from the Maryland Department of 
the Environment transmitting revisions to the Maryland State 
Implementation Plan pertaining to amendments to COMAR 26.11.09.
    (B) Revisions to COMAR 26.11.09, Control of Fuel-Burning Equipment, 
Stationary Internal Combustion Engines, and Certain Fuel-Burning 
Installations, effective November 11, 2002.
    (1) Addition of COMAR 26.11.09.01B(3-1)--definition of ``gas''. 
Existing paragraph .01B(3-1) is renumbered as .01B(3-2).

[[Page 106]]

    (2) Revisions to COMAR 26.11.09.05A(3), .05B(2), and .05B(3).
    (3) Revisions to COMAR 26.11.09.06A(1), .06A(2), and .06B(4); 
addition of .06A(3)(c).
    (4) Revision to COMAR 26.11.09.08D (introductory paragraph) and 
.08D(1)(a).
    (5) Revision to COMAR 26.11.09.09 by removing existing Table 1 and 
adding both a new Table 1 and footnotes (a), (b), and (c).
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(183)(i) of this 
section.
    (184) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) for the Control of VOC Emissions from Portable Fuel Containers 
submitted on March 8, 2002 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of March 8, 2002 from the Maryland Department of the 
Environment transmitting an addition to Maryland's State Implementation 
Plan pertaining to the control of volatile organic compounds (VOC) 
emissions from portable fuel containers.
    (B) Addition of new regulation .07 under COMAR 26.11.13--Control of 
VOC Emissions from Portable Fuel Containers, adopted by the Secretary of 
the Environment on December 21, 2001, and effective on January 21, 2002.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(184)(i) of this 
section.
    (185) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) on the Control of VOC Emissions from Consumer Products submitted 
on November 19, 2003 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated November 19, 2003 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan pertaining to the control of volatile organic 
compounds (VOC) emissions from consumer products.
    (B) Addition of new COMAR 26.11.32--Control of Emissions of VOC from 
Consumer Products:
    (1) Addition of COMAR 26.11.32.01 through COMAR 26.11.32.23 adopted 
by the Secretary of the Environment on July 25, 2003 and effective on 
August 18, 2003.
    (2) Addition of new COMAR 26.11.32.01F--Retail Sales, adopted by the 
Secretary of the Environment on October 22, 2003 and effective on 
November 24, 2003.
    (ii) Additional Material. Remainder of the State submittals 
pertaining to the revisions listed in paragraph (c)(185)(i) of this 
section.
    (186) Revisions to the Maryland State Implementation Plan submitted 
on April 24, 2003, July 7, 2003, and December 1, 2003 by the Maryland 
Department of the Environment pertaining to the Policies and Procedures 
Relating to Maryland's NOX Reduction and Trading Program, and 
the Nitrogen Oxides Reduction and Trading Program.
    (i) Incorporation by reference.
    (A) Letter of April 24, 2003 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to COMAR 
26.11.30 Nitrogen Oxides Reduction and Trading Program, effective April 
28, 2003.
    (1) Revisions to COMAR 26.11.30.09A.
    (2) Deletion of existing COMAR 26.11.30.09B.
    (3) Addition of new COMAR 26.11.30.09B, allocations for control 
periods 2003 through 2007.
    (B) Letter of July 7, 2003 from the Maryland Department of the 
Environment transmitting an administrative correction to COMAR 
26.11.30.09 amending Mirant Dickerson's Unit 3 allocation from 
410 to 404 tons of NOX.
    (C) Letter of December 1, 2003 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to COMAR 
26.11.29 NOX Reduction and Trading Program, effective 
November 24, 2003.
    (1) Revisions to COMAR 26.11.29.09 (title), .09A (introductory 
sentence), and .09A(1).
    (2) Addition of COMAR 26.11.29.09A(2) and .09A(3).
    (3) Revisions to COMAR 26.11.29.09B (introductory sentence), .09B(1) 
and .09B(2), establishing the set aside pool at 5 percent of the total 
trading budget.

[[Page 107]]

    (4) Deletion of COMAR 26.11.29.09E and 09F.
    (5) COMAR 26.11.29.09G is renumbered as 26.11.29.09E.
    (ii) Additional Material.
    (A) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(186)(i) of this section.
    (B) [Reserved]
    (187) The Ozone Redesignation and Maintenance Plan for Kent and 
Queen Anne's Counties nonattainment area submitted on February 4, 2004 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 9, 2004 from the Maryland Department of 
the Environment transmitting Maryland's State Implementation Plan 
pertaining to the redesignation request for the Kent and Queen Anne's 
Counties Ozone Nonattainment Area.
    (B) SIP Revision 03-15, Redesignation Request for Kent and Queen 
Anne's Counties Ozone Nonattainment Area, February 4, 2004.
    (ii) Additional Material--Remainder of the State submittals 
pertaining to the revisions listed in paragraph (c)(187)(i) of this 
section.
    (188)-(189) [Reserved]
    (190) Revisions to the Maryland State Implementation Plan submitted 
on March 31, 2004 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of March 31, 2004 from the Maryland Department of the 
Environment transmitting a Consent Order establishing VOC RACT for 
Kaydon Ring and Seal, Inc.
    (B) Consent Order establishing VOC RACT for Kaydon Ring and Seal, 
Inc. with an effective date of March 5, 2004.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(190)(i) of this 
section.
    (191) Revision to the Maryland Regulations pertaining to changes to 
control of fuel-burning equipment, stationary internal combustion 
engines and certain fuel-burning installations and to changes to 
requirements for major new sources and modifications submitted on 
December 1, 2003 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of December 1, 2003 from the Maryland Department of the 
Environment transmitting changes to control of fuel-burning equipment, 
stationary internal combustion engines and certain fuel-burning 
installations and to changes to requirements for major new sources and 
modifications in Maryland's air quality regulations, Code of Maryland 
Administrative Regulations (COMAR).
    (B) Revisions to COMAR 26.11.09.08A(1), pertaining to control of 
NOX emissions for major stationary sources adopted by the 
Secretary of the Environment on October 21, 2003, and effective on 
November 24, 2003.
    (1) Revision to COMAR 26.11.09.08A(1)(a).
    (2) Deletion of COMAR 26.11.09.08A(1)(b).
    (3) Renumbering of COMAR 26.11.09.08A(1)(c) to COMAR 
26.11.09.08A(1)(b).
    (C) Revisions to COMAR 26.11.17.01B(13) pertaining to requirements 
for major new sources and modifications adopted by the Secretary of the 
Environment on October 21, 2003, and effective on November 24, 2003.
    (1) Revisions to COMAR 26.11.17.01B(13)(a)(i) and (13)(a)(ii).
    (2) Deletion of COMAR 26.11.17.01B(13)(a)(iii).
    (3) Renumbering of COMAR 26.11.17.01B(13)(a)(iv) to 01B(13)(a)(iii), 
and 26.11.17.01B(13)(a)(v) to 01B(13)(a)(iv).
    (D) Revisions to COMAR 26.11.17.03B pertaining to requirements for 
major new sources and modifications adopted by the Secretary of the 
Environment on October 21, 2003, and effective on November 24, 2003.
    (1) Revision to COMAR 26.11.17.03B(3)(a).
    (2) Deletion of COMAR 26.11.17.03B(3)(b).
    (3) Renumbering of COMAR 26.11.17.03B(3)(c) to 03B(3)(b), and 
03B(3)(d) to 03B(3)(c).
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(191)(i) of this 
section.

[37 FR 10870, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1100, see the List of CFR

[[Page 108]]

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

    Effective Date Note: At 78 FR 33984, June 6, 2013, Sec. 52.1100 was 
revised, effective Aug. 5, 2013. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 52.1100  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Maryland'' and all revisions submitted by Maryland that 
were federally approved prior to November 1, 2004. The information in 
this section is available in the 40 CFR, part 52, Volume 2 of 2 
(Sec. Sec. 52.1019 to the end of part 52) editions revised as of July 
1, 2005 through July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 
(Sec. Sec. 52.1019 to 52.2019) edition revised as of July 1, 2012.
    (b) [Reserved]



Sec. Sec. 52.1101-52.1109  [Reserved]



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

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

[59 FR 25333, May 16, 1994]



Sec. Sec. 52.1111-52.1115  [Reserved]



Sec. 52.1116  Significant deterioration of air quality.

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

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



Sec. 52.1117  Control strategy: Sulfur oxides.

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

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



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

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

[[Page 109]]

schedules for completing the new ozone attainment plan.

[55 FR 20272, May 16, 1990]

    Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1118 
was removed and reserved, effective Aug. 5, 2013.



                         Subpart W_Massachusetts



Sec. 52.1119  Identification of plan--conditional approval.

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

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



Sec. 52.1120  Identification of plan.

    (a) Title of plan: ``Plan for Implementation, Maintenance, and 
Enforcement of National Primary and Secondary Ambient Air Quality 
Standards.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Emergency episode regulations submitted on February 22, 1972, by 
the Bureau of Air Quality Control, Massachusetts Department of Public 
Health.
    (2) Miscellaneous non-regulatory changes to the plan, wording 
changes in regulations 2.5 and 2.1 and clarification of Regulations 
2.5.1 through 2.5.4 submitted on April 27, 1972, by the Division of 
Environmental Health, Massachusetts Department of Public Health.
    (3) Miscellaneous non-regulatory additions to the plan submitted on 
May 5, 1972, by the Bureau of Air Quality Control, Massachusetts 
Department of Public Health.
    (4) Miscellaneous changes affecting regulations 2.1, 2.5, 4.2, 
4.5.1, 5.6.1, 6.1.2, 6.3.1, 8.1.6, 9.1, 15.1, 51.2, 52.1 and 52.2 of the 
regulations for all six Air Pollution Control Districts submitted on 
August 28, 1972 by the Governor.
    (5) Letter of concurrence on AQMA identifications submitted on July 
23, 1974, by the Governor.
    (6) Revision to Regulation No. 5, increasing allowable sulfur 
content of fuels in the Boston Air Pollution Control District submitted 
on July 11, 1975, by the Secretary of Environmental Affairs, and on 
April 1, 1977 and April 20, 1978 by the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering.
    (7) Revision to Regulation 50--Variances, Regulations for Control of 
Air Pollution in the six Massachusetts Air Pollution Control Districts, 
submitted by letter dated November 14, 1974, by the Governor.
    (8) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for 
the Merrimack Valley Air Pollution Control District submitted on January 
28, 1976 by the Secretary of Environmental Affairs and on August 22, 
1977 by the Commissioner of the Department of Environmental Quality 
Engineering, and additional technical information pertinent to the 
Haverhill Paperboard Corp., Haverhill, Mass., submitted on December 30, 
1976 by the Secretary of Environmental Affairs.
    (9) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for 
the Pioneer Valley Air Pollution Control District submitted on July 22, 
1976 by the Secretary of Environmental Affairs

[[Page 110]]

and on August 22, 1977 by the Commissioner of the Department of 
Environmental Quality Engineering, and additional technical information 
pertinent to Deerfield Specialty Papers, Inc., Monroe, Mass., submitted 
on December 27, 1977 by the Commissioner of the Massachusetts Department 
of Environmental Quality Engineering.
    (10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, 
for the Central Massachusetts Air Pollution Control District submitted 
on June 25, 1976 by the Secretary of Environmental Affairs and on August 
22, 1977 by the Commissioner of the Department of Environmental Quality 
Engineering.
    (11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, 
for the Central Massachusetts Air Pollution Control District (revised 
and adopted by the Massachusetts Department of Environmental Quality 
Engineering on March 29, 1976, with specificprovisions for the City of 
Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental 
Affairs.
    (12) A revision to Regulation 5.1, Sulfur Content of Fuels and 
Control Thereof, for the Southeastern Massachusetts Air Pollution 
Control District, submitted on December 30, 1976 by the Secretary of 
Environmental Affairs and on January 31, 1978 by the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering.
    (13) A revision to Regulation 5.1, Sulfur Content of Fuels and 
Control Thereof, for the Berkshire Air Pollution Control District, 
submitted by the Commissioner of the Massachusetts Department of 
Environmental Quality Engineering on April 14, 1977, and additional 
technical information submitted on August 11, 1978, pertaining to the 
Schweitzer Division, Kimberly-Clark Corporation, Columbia Mill, Lee, and 
on August 31, 1978, pertaining to Crane and Company, Inc., Dalton.
    (14) Revisions to ``Regulations for the Prevention and/or Abatement 
of Air Pollution Episode and Air Pollution Incident Emergencies,'' 
submitted on September 15, 1976 by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (15) A revision to Regulation 2.5, Compliance with Emission 
Limitations, and to Regulation 16, Reduction of Single Passenger 
Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control 
District, submitted on May 20, 1977, by the Acting Commissioner of the 
Executive Office of Environmental Affairs, Department of Environmental 
Quality Engineering.
    (16) Revision to regulation 7 and regulation 9, submitted on 
December 9, 1977, by the Commissioner of the Massachusetts Department of 
Environmental Quality and Engineering.
    (17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310 
CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at 
New England Power Company, Salem Harbor Station, Massachusetts, 
submitted on July 5, 1978 by the Commissioner, Massachusetts Department 
of Environmental Quality Engineering and an extension to 310 CMR 7.06, 
Visible Emissions, submitted on December 28, 1979.
    (18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)--
Emission Limitation to Incinerators, submitted February 1, 1978 by the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering.
    (19) The addition of Regulation 7.17, for the Southeastern 
Massachusetts Air Pollution Control District, Coal Conversion--Brayton 
Point Station, New England Power Company, submitted by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering on 
September 7, 1978. Compliance with this revision shall be determined by 
methods consistent with New Source Performance Standards, proposed Test 
Method 19, as stated in a letter dated February 8, 1979 from Kenneth 
Hagg of the Massachusetts Department of Environmental Quality 
Engineering to Frank Ciavattieri of the Environmental Protection Agency.
    (20) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control 
Thereof'' and a revision for the Metropolitan Boston APCD, and Merrimack 
Valley APCD submitted on December 28, 1978, by the Commissioner of the 
Massachusetts

[[Page 111]]

Department of Environmental Quality Engineering.
    (21) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control 
Thereof'' and a revision to Regulation 310 CMR 7.05(4) ``Ash Content of 
Fuels'' for the Pioneer Valley Air Pollution Control District, submitted 
on January 3, 1979 by the Acting Com0missioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (22) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control 
Thereof'' for the Southeastern Massachusetts APCD, submitted on January 
31, 1979 by the Commissioner of the Massachusetts Department of 
Environmental Quality Engineering.
    (23) A revision to Regulation 310 CMR 7.05(4) ``Ash Content of 
Fuels'' for the Metropolitan Boston Air Pollution Control District, 
submitted on July 20, 1978 by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (24) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control 
Thereof'' for the Central Massachusetts APCD, submitted on March 2, 1979 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering, and a revision removing the seasonal restriction in 
Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James 
River-Massachusetts submitted on September 28, 1979 by the Commissioner.
    (25) On March 30, 1979 and on April 23, 1979 the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering submitted 
the non-attainment area plan for Total Suspended Particulates (TSP) in 
Worcester, miscellaneous statewide regulation changes, and an extension 
request for the attainment of TSP secondary standards for areas 
designated non-attainment as of March 3, 1978.
    (26) On May 3, 1979, August 7, 1979, and April 17, 1980, the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering submitted a revision entitled ``Massachusetts Implementation 
Plan, Amended Regulation--All Districts, New Source Review Element,'' 
relating to construction and operation of major new or modified sources 
in non-attainment areas.
    (27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted 
on September 28, 1979 by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (28) Revision to the state ozone standard and adoption of an ambient 
lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner 
of the Department of Environmental Quality Engineering on August 21, 
1979.
    (29) A revision varying the provisions of Regulation 310 CMR 
7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's 
Kendall Station, First Street, Cambridge, and Blackstone Station, 
Blackstone Street, Cambridge, submitted on December 28, 1978 by the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering.
    (30) Attainment plans to meet the requirements of Part D for carbon 
monoxide and ozone and other miscellaneous provisions were submitted by 
the Governor of Massachusetts on December 31, 1978 and on May 16, 1979 
by the Acting Commissioner of the Department of Environmental Quality 
Engineering. Supplemental information was submitted on September 19, 
November 13 and December 7, 1979; and March 20 and April 7, 1980 by 
DEQE.
    (31) A temporary variance to the Provisions of Regulation 310 CMR 
7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper 
Company, Otter River. Submitted on March 20, 1980 by the Commissioner of 
the Massachusetts Department of Environmental Quality Engineering.
    (32) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and 
Control Thereof'' for the Metropolitan Boston APCD submitted on November 
27, 1979 by the Commissioner of the Department of Environmental Quality 
Engineering.
    (33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) ``Sulfur Content of Fuels and Control Thereof'' for the Pioneer 
Valley Air

[[Page 112]]

Pollution Control District submitted by the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering on March 
2, 1979 and May 5, 1981.
    (34) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and 
Control Thereof'' for the Metropolitan Boston APCD submitted on April 
25, 1980 by the Commissioner of the Department of Environmental Quality 
Engineering.
    (35) On January 5, 1981, the Acting Director of the Division of Air 
Quality Control, Massachusetts Department of Environmental Quality 
Engineering submitted a revision entitled ``Appendix J Transportation 
Project Level Guidelines'' relating to policy guidance on the 
preparation of air quality analysis for transportation projects.
    (36) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the Commissioner of the 
Department of Environmental Quality Engineering on January 28, 1980.
    (37) A revision submitted by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering on September 12, 1980 
adding a new regulation 310 CMR 7.19 ``Interim Sulfur-in-Fuel 
Limitations for Fossil Fuel Utilization Facilities Pending Conversion to 
an Alternate Fuel or Implementation of Permanent Energy Conservation 
Measures.''
    (38) A variance of Regulation 310 CMR 7.05(1)(d)(2) ``Sulfur Control 
of Fuels and Control Thereof'' for the Metropolitan Boston Air Pollution 
Control District, submitted on November 25, 1980, by the Commissioner of 
the Massachusetts Department of Environmental Quality Engineering.
    (39) Revisions to meet the requirements of Part D and certain other 
sections of the Clean Air Act, as amended, for making a commitment to 
public transportation in the Boston urban region which were submitted on 
July 9, 1981 and on July 30, 1981.
    (40) Regulations 310 CMR (14), (15), and (16), for paper, fabric, 
and vinyl surface coaters to meet the requirements of Part D for ozone 
were submitted by the Governor of Massachusetts on March 6, 1981.
    (41) A revision to Regulation 7.05(1)(c) ``Sulfur Content of Fuels 
Control Thereof for the Merrimack Valley Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at 
Haverhill Paperboard Corporation, Haverhill.
    (42) Regulation 310 CMR 7.18(2)(b), to allow existing surface 
coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10), 
(11), (12), (14), (15) and (16) to bubble emissions to meet the 
requirements of Part D for ozone was submitted by the Governor on March 
6, 1981, and a letter clarifying state procedures was submitted on 
November 12, 1981. The emission limitations required by the federally-
approved portion of 310 CMR 7.18 are the applicable requirements of the 
Massachusetts SIP for the purpose of section 113 of the Clean Air Act 
and shall be enforceable by EPA and by citizens in the same manner as 
other requirements of the SIP; except that emission limitations adopted 
by the state under and which comply with 310 CMR 7.18(2)(b) and the 
procedures set out in the letter of November 12, 1981 shall be the 
applicable requirements of the Massachusetts SIP in lieu of those 
contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and 
by citizens.
    (43) A revision to Regulation 7.05(1)(d) ``Sulfur Content of Fuels 
and Control Thereof for the Metropolitan Boston Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at 
Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering.
    (44) The Massachusetts Department of Environmental Quality 
Engineering submitted an updated VOC emissions inventory on September 3, 
1981, and the procedures to annually update this inventory on November 
4, 1981.
    (45) A revision to Regulation 7.05(1)(e) ``Sulfur Content of Fuels 
and Control Thereof for the Pioneer Valley Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at the 
Holyoke Gas and Electric Department, Holyoke.
    (46) A revision submitted on December 29, 1981 by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering 
allowing

[[Page 113]]

the burning of higher sulfur content fuel oil at the ATF Davidson 
Company, Northbridge, until December 1, 1983.
    (47) Regulation 310 CMR 7.18(10) for metal coil coating was 
submitted on June 24, 1980 by the Commissioner of the Department of 
Environmental Quality Engineering, in order to meet Part D requirements 
for ozone.
    (48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous 
Metal Parts and Products and (12), Graphic Arts--Rotogravure and 
Flexography with test methods; and (13) Perchloroethylene Dry Cleaning 
Systems without test methods, were submitted on July 21, 1981 and March 
10, 1982 by the Department of Environmental Quality Engineering to meet 
Part D requirements for ozone attainment.
    (49) A revision to Regulation 7.17 ``Conversions to Coal'' submitted 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering on January 22, 1982 specifying the conditions under 
which coal may be burned at the Holyoke Water Power Company, Mount Tom 
Plant, Holyoke, Massachusetts.
    (50) [Reserved]
    (51) A revision submitted on September 29, 1982 by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering 
allowing the burning of fuel oil having a sulfur content of 0.55 pounds 
per million Btu heat release potential at the Northeast Petroleum 
Corporation, Chelsea, Massachusetts.
    (52) A revision submitted on September 28, 1982 by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering 
allowing the burning of higher sulfur content fuel oil at the Polaroid 
Corporation for a period of up to 30 months commencing on December 1, 
1982.
    (53)(i) Attainment plans for carbon monoxide and ozone submitted by 
the Department of Environmental Quality Engineering on September 9, 
November 2 and November 17, 1982; February 2, March 21, April 7, April 
26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)-
(7), (9)-(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)-(14), and 
540 CMR 4.00.
    (ii) Regulation 310 CMR 7.18(3) for the surface coating of metal 
furniture submitted on September 9, 1982 as part of the attainment plan 
identified in Sec. 52.1120(c)(53)(i), is added to the VOC surface 
coating bubble Regulation 310 CMR 7.18(2)(b) identified in Sec. 
52.1120(c)(42).
    (iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning 
systems submitted on September 9, 1982 as part of the attainment plan 
identified in section 52.1120(53)(i), is amended by adding EPA test 
methods to the no action identified in 52.1120(48).
    (54) On February 8, 1983, the Massachusetts Department of 
Environmental Quality Engineering submitted a source specific emission 
limit in the letter of approval to the Esleeck Manufacturing Company, 
Inc., Montague, allowing the Company to burn fuel oil having a maximum 
sulfur content of 1.21 pounds per million Btu heat release potential 
provided the fuel firing rate does not exceed 137.5 gallons per hour.
    (55) A revision to exempt the Berkshire Air Pollution Control 
District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25, 
1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control 
of the Department of Environmental Quality Engineering.
    (56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum 
liquid storage in external floating roof tanks submitted on December 2, 
1983.
    (57) Revisions to the State's narrative, entitled New Source 
Regulations on page 117 and 118, the regulatory definitions of BACT, 
NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13), 
submitted by Anthony D. Cortese, Commissioner, in August, 1982 and 
received on September 9, 1982.
    (58) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 7, 1991, 
November 13, 1992 and February 17, 1993.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated June 7, 1991, November 13, 1992 and February 17, 1993 
submitting revisions to the Massachusetts State Implementation Plan.

[[Page 114]]

    (B) Amendments and additions to 310 CMR 7.00 submitted on June 7, 
1991 and effective on April 12, 1991.
    (C) Amendments and additions to 310 CMR 7.00 submitted on June 7, 
1991 and effective on June 21, 1991.
    (D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992 
and February 17, 1993 and effective on February 12, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittal.
    (59) A revision submitted on May 3, 1983, allowing the burning of 
2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility 
in Uxbridge, Massachusetts for a period of up to 30 months, commencing 
on March 23, 1984.
    (60) On May 27, 1982 and September 9, 1982 the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering submitted 
a revised plan for new source review in nonattainment areas. The 
submittal included 310 CMR Appendix A, ``Emission Offsets and 
Nonattainment Review,'' additions to 310 CMR 7.00, ``General 
Definitions,'' and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5), 
``Plan Approval and Emission Limitations.''
    (61) A revision submitted on October 31, 1983, allowing the burning 
of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths 
facility in Taunton, Massachusetts for a period of up to 30 months, 
commencing on March 23, 1984.
    (62) A revision submitted on November 16, 1983 allowing the burning 
of 2.2% sulfur content fuel oil at the ATF Davidson Company in 
Northbridge, Massachusetts.
    (63) A revision submitted on February 2, 1984, allowing the burning 
of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in 
Chelsea, Massachusetts for a period of up to 30 months, commencing on 
June 15, 1984.
    (64) A revision to the Ozone Attainment Plan was submitted by S. 
Russell Sylva, Commissioner of the Massachusetts Department of 
Environmental Quality Engineering on February 14, and May 22, 1985 to 
control emissions from gasoline tank trucks and bulk terminal vapor 
recovery systems.
    (i) Incorporation by reference.
    (A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d), 
``Motor Vehicle Fuel Tank Trucks'', adopted December 1984.
    (B) The May 22, 1985 letter from Massachusetts DEQE, and the 
enforcement manual submitted and adopted on May 22, 1985, including 
Method 27, record form, potential leak points, major tank truck leak 
sources, test procedure for gasoline vapor leak detection procedure by 
combustible gas detector, instruction manual for Sentox 2 and Notice of 
Violation.
    (65) A temporary variance to 310 CMR 7.05(1)(d)2 of ``Sulfur Content 
of Fuels and Control Thereof for Metropolitan Boston Air Pollution 
Control District'' submitted on January 6, 1984 to allow for the use of 
2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison 
Company Mystic Station facility in Everett for thirty months commencing 
on September 25, 1984.
    (66) Attainment and maintenance plans for lead, submitted on July 13 
and August 17, 1984 by the Department of Environmental Quality 
Engineering.
    (67) A revision submitted on July 11, 1984 allowing the burning of 
2.2% sulfur content fuel oil at the James River Corporation Hyde Park 
Mill facility in Boston, Massachusetts for a period of up to 30 months, 
commencing on September 25, 1984.
    (68) A revision submitted on February 8 and October 23, 1985 
allowing the burning of 2.2% sulfur content fuel oil at the Phillips 
Academy facility in Andover, Massachusetts for a period of up to 30 
months, commencing on April 1, 1986.
    (i) Incorporation by reference.
    (A) Letter from Richard J. Chalpin, Acting Regional Engineer, to 
Phillips Academy, dated December 27, 1984 allowing the temporary use of 
less expensive 2.2% sulfur fuel oil (for 30 months from the date of 
publication), the savings from which will be used to implement permanent 
energy conservation measures to reduce on-site consumption of petroleum 
products by at least 50,000 gallons per year (estimated 82,000 gallons 
per year). At the end of the

[[Page 115]]

temporary use period, Phillips Academy will return to the use of 1.0% 
sulfur fuel oil. The particulate emission rate for the facility will not 
exceed 0.15 lbs. per million Btu.
    (B) These specific requirements of Regulation 310 CMR 7.19 were 
agreed to in a Statement of Agreement, signed February 19, 1985.
    (C) Memorandum to Donald C. Squires from Bruce K. Maillet dated 
October 4, 1985; subject: Response to EPA questions regarding Phillips 
Academy, outlines the permanent energy conservation measures to be used.
    (69) Revisions to federally approved regulations 310 CMR 7.02(2)(b) 
and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986 
and February 11, 1986 by the Department of Environmental Quality 
Engineering.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 7.02(2)(b), Department of Environmental 
Quality Engineering, Air Pollution Control, is corrected to include the 
word ``major'' before the word ``modification''.
    (B) Regulation 310 CMR 7.05(4), Department of Environmental Quality 
Engineering, Air Pollution Control, Ash Content of Fuels.
    (ii) Additional materials.
    (A) The nonregulatory portions of the state submittals.
    (70) A revision submitted on February 19, 1986 allowing the burning 
of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary 
Ellen McCormick and Maverick Family Development facilities in Boston, 
Massachusetts for a period of up to 30 months, commencing on August 12, 
1986.
    (i) Incorporation by reference.
    (A) Letters dated August 30, 1985 and July 11, 1985 for the Mary 
Ellen McCormick and Maverick Family Development Facilities, 
respectively, from Richard J. Chalpin, Acting Regional Engineer, 
allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30 
months from August 12, 1986, the savings from which will be used to 
implement permanent energy conservation measures to reduce the on-site 
consumption of the petroleum products. At the end of the temporary use 
period, the Boston Housing Authority, Mary Ellen McCormick and Maverick 
Family Development facilities will return to the use of 0.5% sulfur fuel 
oil. The particulate emission rate for these facilities will not exceed 
0.12 lbs per million BTU.
    (B) Statements of Agreement both signed October 28, 1985 by Doris 
Bunte, Administrator of Boston Housing Authority.
    (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated 
January 9, 1986, subject: Decision Memo.
    (71) A revision submitted on May 12, 1986 allowing the burning of 
2.2% sulfur content fuel oil at the Boston Housing Authority, Mission 
Hill Extension Family Development facility in Boston, Massachusetts for 
a period of up to 30 months, commencing on November 25, 1986.
    (i) Incorporation by reference.
    (A) Letter dated March 5, 1986 for the Mission Hill Extension Family 
Development facility, from Richard J. Chalpin, Acting Regional Engineer, 
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 
30 months from the date of publication), the savings from which will be 
used to implement permanent energy conservation measures to reduce the 
on-site consumption of petroleum products. At the end of the temporary 
use period, the Boston Housing Authority, Mission Hill Extension Family 
Development facility will return to the use of 0.5% sulfur fuel oil. The 
particulate emission rate for this facility will not exceed 0.12 lbs per 
million Btu.
    (B) Statements of Agreement signed April 4, 1986 by Doris Bunte, 
Administrator of Boston Housing Authority.
    (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April 
18, 1986, subject: Decision Memo.
    (72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6; 
7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986 
and January 15, 1987, by the Department of Environmental Quality 
Engineering (DEQE).
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 7.02(2)(b) 4, 5, and 6 are amended and became 
effective on February 6, 1987.
    (B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective 
on February 6, 1987.

[[Page 116]]

    (C) Regulation 310 CMR 7.02(12)(d) is amended and became effective 
on February 6, 1987.
    (D) Regulations 310 CMR 7.14 (2) and (3) are added and became 
effective on February 6, 1987.
    (E) The Commonwealth of Massachusetts Regulation Filing document 
dated January 15, 1987 is provided and states that these regulatory 
changes became effective on February 6, 1987.
    (ii) Additional materials. The nonregulatory portions of the state 
submittals.
    (73) Revisions to the State Implementation Plan submitted by the 
Commonwealth of Massachusetts on February 21, February 25, and June 23, 
1986.
    (i) Incorporation by reference.
    (A) A letter from the Commonwealth of Massachusetts Department of 
Environmental Quality Engineering dated February 21, 1986 and amendments 
to 310 CMR 7.00 and 310 CMR 7.18 of the Regulations for the control of 
Air Pollution in the Berkshire, Central Massachusetts, Merrimack Valley, 
Metropolitan Boston, Pioneer Valley and Southeastern Massachusetts Air 
Pollution Control Districts.
    (B) A letter from the Commonwealth of Massachusetts Department of 
Environmental Quality Engineering (DEQE), dated June 23, 1986 and the 
Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin 
Manufacturing, dated February 1986.
    (C) A Regulation Filing and Publication document from the 
Commonwealth of Massachusetts Department of Environmental Quality 
Engineering, dated February 25, 1986.
    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittals.
    (74) Revisions to the State Implementation Plan were submitted by 
the Commissioner of the Department of Environmental Quality Engineering 
on November 5, 1986 and December 10, 1986.
    (i) Incorporation by reference.
    (A) Letter dated November 5, 1986 from the Massachusetts Department 
of Environmental Quality Engineering (DEQE) submitting revisions to the 
State Implementation Plan for EPA approval.
    (B) Letter from the Massachusetts DEQE dated December 10, 1986, 
which states that the effective date of Regulations 310 CMR 7.00, 
``Definitions'' and 310 CMR 7.18(19), ``Synthetic Organic Chemical 
Manufacture,'' is November 28, 1986.
    (C) Massachusetts' Regulation 310 CMR 7.18(19) entitled, ``Synthetic 
Organic Chemical Manufacture,'' and amendments to 310 CMR 7.00, 
``Definitions,'' effective in the Commonwealth of Massachusetts on 
November 28, 1986.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (75) [Reserved]
    (76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17) 
submitted by the Department of Environmental Quality Engineering on 
September 20, 1988.
    (i) Incorporation by reference.
    (A) Amendment to Regulation 310 CMR 7.18(2)(e)--effective July 22, 
1988.
    (B) Amendments to Regulation 310 CMR 7.18(17)(d)--effective July 22, 
1988.
    (C) A Regulation Filing and Publication document from the 
Commonwealth of Massachusetts Department of Environmental Quality 
Engineering dated July 5, 1988 which states that the effective date of 
the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d), 
incorporated above, is July 22, 1988.
    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittal.
    (77) Revisions to federally approved regulation 310 CMR 7.05(1) 
submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November 
25, 1987 by the Department of Environmental Quality Engineering 
approving sulfur-in-fuel limitations for the following sources: American 
Fiber and finishing Company (formerly known as Kendall Company), 
Colrain; Erving Paper company, Erving; and Westfield River Paper 
Company, Russell.
    (i) Incorporation by reference.
    (A) Letters dated October 14, 1987 for the American Fiber and 
Finishing Company, Erving Paper Company, and Westfield River Paper 
Company facilities from Stephen F. Joyce, Deputy Regional Environmental 
Engineer, Department of Environmental Quality Engineering.

[[Page 117]]

    (B) Statements of agreement signed November 6, 1987 by Schuyler D. 
Bush, Vice President of Erving Paper Company; 1987 by Francis J. 
Fitzpatrick, President of Westfield River Paper Company; and November 
16, 1987 by Robert Young, Vice President of American Fiber and Finishing 
Company.
    (78) Revisions to federally approved regulation 310 CMR 7.02(12) 
submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by 
the Department of Environmental Quality Engineering, limiting the 
volatility of gasoline from May 1 through September 15, beginning 1989 
and continuing every year thereafter, including any waivers to such 
limitations that Massachusetts may grant. In 1989, the control period 
will begin on June 30.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled, 
``gasoline Reid Vapor Pressure (RVP),'' and amendments to 310 CMR 7.00, 
``Definitions,'' effective in the Commonwealth of Massachusetts on May 
11, 1988.
    (B) Massachusetts Emergency Regulation Amendment to 310 CMR 
7.02(12)(e) 2.b entitled ``gasoline Reid Vapor Pressure'' effective in 
the Commonwealth of Massachusetts on April 11, 1989, with excerpt from 
the Manual for Promulgating Regulations, Office of the Secretary of 
State.
    (79) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 4, 1988 
and July 16, 1989 which define and impose reasonably available control 
technology to control volatile organic compound emissions from Monsanto 
Chemical Company in Indian Orchard, Massachusetts.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 18, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) A final RACT Compliance Plan Conditional Approval issued to 
Monsanto Chemical Company by the Massachusetts Department of 
Environmental Protection, dated and effective June 20, 1989.
    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittal.
    (80) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 18, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 18, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Amendments to the Conditional Plan Approval dated and effective 
July 12, 1989 and the Conditional Plan Approval dated and effective 
October 7, 1985 imposing reasonably available control technology on 
Spalding Sports Worldwide in Chicopee, Massachusetts.
    (81) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Quality Engineering on July 
18, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Quality Engineering dated July 18, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) RACT Approval Addendum for Cranston Print Works Company, Webster 
Division Facility in Webster, Massachusetts dated and effective June 20, 
1989.
    (ii) Additional materials. Nonregulatory portions of the State 
submittal.
    (82) Revision to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection August 8, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 8, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Amended Conditional Plan Approval (SM-85-168-IF) dated and 
effective August 1, 1989 and an Amendment to the Amended Conditional 
Plan Approval (SM-85-168-IF Revision) dated and effective August 8, 1989 
imposing reasonably available control technology on Duro Textile 
Printers, Incorporated in Fall River, Massachusetts.
    (83) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental

[[Page 118]]

Protection on August 24, 1989 and October 16, 1989 regulating gasoline 
volatility.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated October 16, 1989 and a revision to the Massachusetts 
State Implementation Plan containing revised Massachusetts gasoline Reid 
Vapor Pressure regulation 310 CMR 7.24(5)(b)2, effective September 15, 
1989.
    (84) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 27, 1982, 
June 22, 1987, and December 27, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 27, 1982, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Amendments to 310 CMR 7.00, ``Definitions'' effective in the 
Commonwealth of Massachusetts on June 18, 1982 which add the definitions 
of the terms ``stationary source'' and ``building, structure, facility, 
or installation.''
    (ii)Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated June 22, 1987 certifying that it did not rely on a dual 
definition in its attainment demonstration.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated December 27, 1989 submitting additional assurances that 
it is making reasonable efforts to develop a complete and approve SIP.
    (C) Nonregulatory portions of the submittal.
    (85) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 28, 
1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 28, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) A Plan Approval 4P89005 Correction dated and effective November 
17, 1989 and the Amended Plan Approval, 4P89005 dated and effective 
October 19, 1989 imposing reasonably available control technology on 
Boston Whaler Inc., in Norwell, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (86) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 28, 
1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 28, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) A Plan Approval 4P89006 Correction dated and effective November 
17, 1989 and the Amended Plan Approval (4P89006) dated and effective 
October 19, 1989 imposing reasonably available control technology on 
Boston Whaler Inc. in Rockland, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (87) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 20, 
1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 20, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) 2nd Amendment to the Final Approval/RACT Approval for the 
Philips Lighting Company dated November 2, 1989.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (88) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 13, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated June 13, 1990 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) An Amended Plan Approval dated and effective June 1, 1990 
imposing reasonably available control technology on Acushnet Company, 
Titleist Golf Division, Plant A in New Bedford, Massachusetts.
    (ii) Additional materials.

[[Page 119]]

    (A) Nonregulatory portions of the State submittal.
    (89) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 9, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 9, 1990 submitting a revision to the Massachusetts 
State Implementation Plan.
    (B) An Amended Plan Approval dated and effective June 8, 1990 
imposing reasonably available control technology on General Motors 
Corporation in Framingham, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (90) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on October 25, 1990 
which define and impose RACT to control volatile organic compound 
emissions from Erving Paper Mills in Erving, Massachusetts.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated October 25, 1990 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) A conditional final plan approval issued by the Massachusetts 
Department of Environmental Protection to Erving Paper Mills dated and 
effective October 16, 1990.
    (91) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on April 22, 1991 
which clarify the requirements of RACT to control volatile organic 
compound emissions from Erving Paper Mills in Erving, Massachusetts.
    (i)Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated April 22, 1991 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) A conditional final plan approval amendment issued by the 
Massachusetts Department of Environmental Protection to Erving Paper 
Mills dated and effective April 16, 1991. This amended conditional plan 
approval amends the October 16, 1990 conditional plan approval 
incorporated at paragraph (c)(90) of this section.
    (92) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 17, 1989, 
June 7, 1991 and December 17, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated August 17, 1989 and June 7, 1991 submitting a revision 
to the Massachusetts State Implementation Plan.
    (B) Portions of regulation 310 CMR 7.18(7) for automobile surface 
coating as submitted on August 17, 1989 effective in the Commonwealth of 
Massachusetts on September 15, 1989.
    (C) Portions of regulation 310 CMR 7.18(7) for automobile surface 
coating as submitted on June 7, 1991 effective in the Commonwealth of 
Massachusetts on June 21, 1991.
    (ii) Additional materials.
    (A) A letter dated December 17, 1991 from the Massachusetts 
Department of Environmental Protection withdrawing the emission limit 
for the Primer-surfacer application from the June 7, 1991 submittal.
    (B) Nonregulatory portions of state submittal.
    (93) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 27, 1982, 
June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7, 
1991 and December 17, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and 
June 7, 1991, submitting revisions to the Massachusetts State 
Implementation Plan.
    (B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and 
effective on September 16, 1982.
    (C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985 
and effective on September 30, 1984.
    (D) Amendments to portions of 310 CMR 7.00 submitted on August 17, 
1989 and effective September 15, 1989.
    (E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 
and effective on April 12, 1991.

[[Page 120]]

    (F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 
and effective on June 21, 1991.
    (ii) Additional materials.
    (A) A letter from the Massachusetts Department of Environmental 
Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00: 
Appendix B.
    (B) A letter from the Massachusetts Department of Environmental 
Quality Engineering dated March 6, 1985 submitting additional 
information on 310 CMR 7.00: Appendix B and referencing 310 CMR 
7.18(2)(b).
    (C) A letter dated December 17, 1991 from the Massachusetts 
Department of Environmental Protection withdrawing the emission limit 
for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June 
7, 1991 submittal.
    (D) Nonregulatory portions of state submittal.
    (94) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 4, 1989, 
December 6, 1989 and March 23, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 4, 1989, December 6, 1989 and March 23, 1990 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) Massachusetts' Air Pollution Control Regulations 310 CMR 7.30 
(excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, ``MB 
Massport/Logan Airport Parking Freeze'' and ``MB City of Boston/East 
Boston Parking Freeze'' respectively, effective in the State of 
Massachusetts on 11/24/89, and technical amendments to that regulation 
submitted by the Massachusetts Department of Environmental Protection on 
March 23, 1990, effective 3/30/90.
    (ii) Additional materials.
    (A) Appendix 5D, Baseline and Future Case CO Compliance Modeling, 
dated June 1986.
    (B) Policy Statement Regarding the Proposed Amendment to the Logan 
Airport Parking Freeze, dated November 14, 1988.
    (95) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection of May 15, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated May 15, 1992 submitting a revision to the Massachusetts 
State Implementation Plan.
    (B) Final Plan Approval No. 4P89051, dated and effective May 13, 
1991 imposing reasonably available control technology on Dartmouth 
Finishing Corporation, New Bedford, Massachusetts.
    (96) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 30, 
1991.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated January 30, 1991 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification 
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution 
Control District,'' and amendment to 310 CMR 7.00, entitled 
``Definitions,'' effective in the Commonwealth of Massachusetts on 
January 18, 1991.
    (97) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on May 17, 1990, 
July 5, 1990, June 7, 1991, and April 21, 1992.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection, dated May 17, 1990 and June 7, 1991, submitting a revision 
to the Massachusetts State Implementation Plan.
    (B) Definition of ``motor vehicle fuel,'' ``motor vehicle fuel 
dispensing facility,'' ``substantial modification,'' and ``vapor 
collection and control system,'' added to 310 CMR 7.00 and effective in 
the Commonwealth of Massachusetts on October 27, 1989.
    (C) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective 
in the Commonwealth of Massachusetts on October 27, 1989.
    (D) Amendments to 310 CMR 7.24(6)(b) ``Dispensing of Motor Vehicle 
Fuel'' and to the definition of ``substantial modification'' in 310 CMR 
7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.

[[Page 121]]

    (E) Amendment to the definition of ``motor vehicle fuel dispensing 
facility'' in 310 CMR 7.00, effective in the Commonwealth of 
Massachusetts on April 12, 1991.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated July 5, 1990, requesting the withdrawal of amendments 
to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in 
Berkshire County from the SIP revision package submitted on May 17, 
1990.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated April 21, 1992, submitting an implementation policy 
statement regarding its Stage II program. This policy statement 
addresses the installation of California Air Resources Board (CARB) 
certified systems, Stage II testing procedures, and defects in State II 
equipment.
    (C) Nonregulatory portions of the submittal.
    (98) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 13, 
1992, January 15, 1993, and February 17, 1993.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated November 13, 1992, January 15, 1993, and February 17, 
1993, submitting a revision to the Massachusetts State Implementation 
Plan.
    (B) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective 
in the State of Massachusetts on February 12, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (99) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 3, 1990 
and August 26, 1992 which define and impose reasonably available control 
technology to control volatile organic compound emissions from S. Bent & 
Brothers in Gardner, Massachusetts.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 26, 1992 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Air Quality Approval RACT issued to S. Bent by the 
Massachusetts Department of Environmental Protection dated and effective 
May 22, 1992.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 3, 1990 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Air Quality Approval RACT issued to S. Bent by the 
Massachusetts Department of Environmental Protection dated and effective 
October 17, 1990.
    (C) Nonregulatory portions of the November 3, 1990 and August 26, 
1992 state submittals.
    (100) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 19, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 19, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Plan approval no. C-P-93-011, effective June 30, 1993, which 
contains emissions standards, operating conditions, and recordkeeping 
requirements applicable to Nichols & Stone Company in Gardner, 
Massachusetts.
    (ii) Additional materials.
    (A) Letter dated October 27, 1993 from Massachusetts Department of 
Environmental Protection submitting certification of a public hearing.
    (101) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 9, 
1991.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 9, 1991 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Massachusetts Regulation 310 CMR 7.36, entitled ``Transit System 
Improvements'', Massachusetts Regulation 310 CMR 7.37, entitled ``High 
Occupancy Vehicle Facilities'', and amendments to 310 CMR 7.00, entitled

[[Page 122]]

``Definitions,'' effective in the Commonwealth of Massachusetts on 
December 6, 1991.
    (102) [Reserved]
    (103) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 15, 
1993 and May 11, 1994, substituting the California Low Emission Vehicle 
program for the Clean Fuel Fleet program.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated November 15, 1993 and May 11, 1994, submitting a 
revision to the Massachusetts State Implementation Plan which 
substitutes the California Low Emission Vehicle program for the Clean 
Fuel Fleet program.
    (B) A regulation dated and effective January 31, 1992, entitled ``U 
Low Emission Vehicle Program'', 310 CMR 7.40.
    (C) Additional definitions to 310 CMR 7.00 ``Definitions'' (dated 
and effective 1/31/92) to carry out the requirements set forth in 310 
CMR 7.40.
    (ii) Additional materials.
    (A) Additional nonregulatory portions of the submittal.
    (104) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 31, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 31, 1994 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Plan Approval No. 4P92012, dated and effective March 16, 
1994 imposing reasonably available control technology on Brittany Dyeing 
and Finishing of New Bedford, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (105) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 6, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated June 6, 1994 submitting a revision to the Massachusetts 
State Implementation Plan.
    (B) 310 CMR 7.02(12) ``U Restricted Emission Status'' effective in 
the Commonwealth of Massachusetts on February 25, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (106) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 28, 1990, 
September 30, 1992, and July 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated June 28, 1990, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated September 30, 1992, submitting a revision to the 
Massachusetts State Implementation Plan.
    (C) Letter from the Massachusetts Department of Environmental 
Protection, dated July 15, 1994, submitting a revision to the 
Massachusetts State Implementation Plan.
    (D) Regulation 310 CMR 7.12 entitled ``Inspection Certification 
Record Keeping and Reporting'' which became effective on July 1, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of submittal.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated December 30, 1994, assuring EPA that the data elements 
noted in EPA's December 13, 1994 letter were being incorporated into the 
source registration forms used by Massachusetts emission statement 
program.
    (ii) Additional materials.
    (A) Nonregulatory portions of submittal.
    (107) Massachusetts submitted the Oxygenated Gasoline Program on 
October 29, 1993. This submittal satisfies the requirements of section 
211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Letter dated October 29, 1993 which included the oxygenated 
gasoline program, amendments to the Massachusetts Air Pollution Control 
Regulations, 310 CMR 7.00, with an effective

[[Page 123]]

date of March 1, 1994, requesting that the submittal be approved and 
adopted as part of Massachusetts' SIP.
    (ii) Additional materials.
    (A) The Technical Support Document for the Redesignation of the 
Boston Area as Attainment for Carbon Monoxide submitted on December 12, 
1994.
    (108) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 9, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated January 9, 1995 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the Commonwealth of Massachusetts effective on November 
18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best 
Available Controls for Consumer and Commercial Products.
    (109) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 9, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated January 9, 1995, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the Commonwealth of Massachusetts effective on December 
16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28) 
Automotive Refinishing.
    (110) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 29, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 29, 1995 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the Commonwealth of Massachusetts effective on January 27, 
1995: 310 Code of Massachusetts Regulations Section 7.18(29), Bakeries.
    (111) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 30, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 30, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33, 
entitled ``City of Boston/South Boston Parking Freeze,'' and the 
following amendments to 310 CMR 7.00, entitled ``Definitions,'' which 
consist of adding or amending four definitions; motor vehicle parking 
space; off-peak parking spaces; remote parking spaces; and restricted 
use parking, effective in the Commonwealth of Massachusetts on April 9, 
1993.
    (112) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 9, 
1994, and April 14, 1995, concerning emissions banking, trading, and 
averaging.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated February 9, 1994, and March 29, 1995, submitting 
revisions to the Massachusetts State Implementation Plan.
    (B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix 
B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix 
B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1, 
1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00 
Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR 
7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995.
    (ii) Additional materials.
    (A) Letter and attachments from the Massachusetts Department of 
Environmental Protection dated February 8, 1996, submitting supplemental 
information concerning the demonstration of balance between credit 
creation and credit use.
    (113) A revision to the Massachusetts SIP regarding ozone 
monitoring. The Commonwealth of Massachusetts will

[[Page 124]]

modify its SLAMS and its NAMS monitoring systems to include a PAMS 
network design and establish monitoring sites. The Commonwealth's SIP 
revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) Massachusetts PAMS Network Plan, which incorporates PAMS into 
the ambient air quality monitoring network of State or Local Air 
Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).
    (ii) Additional material.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 30, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (114) The Commonwealth of Massachusetts' March 27, 1996 submittal 
for an enhanced motor vehicle inspection and maintenance (I/M) program, 
as amended on June 27, 1996 and July 29, 1996, and November 1, 1996, is 
conditionally approved based on certain contingencies, for an interim 
period to last eighteen months. If the Commonwealth fails to start its 
program according to schedule, or by November 15, 1997 at the latest, 
this conditional approval will convert to a disapproval after EPA sends 
a letter to the state. If the Commonwealth fails to satisfy the 
following conditions within 12 months of this rulemaking, this 
conditional approval will automatically convert to a disapproval as 
explained under section 110(k) of the Clean Air Act.
    (i) The conditions for approvability are as follows:
    (A) The time extension program as described and committed to in the 
March 3, 1997 letter from Massachusetts must be further defined and 
submitted to EPA as a SIP revision by no later than one year after the 
effective date of this interim approval. Another program which meets the 
requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic 
Inspection) and provides for no more than a 1% waiver rate would also be 
approvable.
    (B) Other major deficiencies as described in the proposal must also 
be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), Sec. 
51.354 (Adequate Tools and Resources), Sec. 51.357 (Test Procedures and 
Standards), Sec. 51.359 (Quality Control), and Sec. 51.363 (Quality 
Assurance). The Commonwealth, committed in a letter dated March 3, 1997 
to correct these deficiencies within one year of conditional interim 
approval by EPA.
    (ii) In addition to the above conditions for approval, the 
Commonwealth must correct several minor, or de minimus deficiencies 
related to CAA requirements for enhanced I/M. Although satisfaction of 
these deficiencies does not affect the conditional approval status of 
the Commonwealth's rulemaking granted under the authority of section 110 
of the Clean Air Act, these deficiencies must be corrected in the final 
I/M SIP revision prior to the end of the 18-month interim period granted 
under the National Highway Safety Designation Act of 1995:
    (A) The SIP lacks a detailed description of the program evaluation 
element as required under 40 CFR 51.353;
    (B) The SIP lacks a detailed description of the test frequency and 
convenience element required under 40 CFR 51.355;
    (C) The SIP lacks a detailed description of the number and types of 
vehicles included in the program as required under 40 CFR 51.356;
    (D) The SIP lacks a detailed information concerning the enforcement 
process, and a commitment to a compliance rate to be maintained in 
practice required under 40 CFR 51.361.
    (E) The SIP lacks the details of the enforcement oversight program 
including quality control and quality assurance procedures to be used to 
insure the effective overall performance of the enforcement system as 
required under 40 CFR 51.362;
    (F) The SIP lacks a detailed description of procedures for 
enforcement against contractors, stations and inspectors as required 
under 40 CFR 51.364;
    (G) The SIP lacks a detailed description of data analysis and 
reporting provisions as required under 40 CFR 51.366;
    (H) The SIP lacks a public awareness plan as required by 40 CFR 
51.368; and
    (I) The SIP lacks provisions for notifying motorists of required 
recalls prior to inspection of the vehicle as required by 40 CFR 51.370.

[[Page 125]]

    (iii) EPA is also approving this SIP revision under section 110(k), 
for its strengthening effect on the plan.
    (115) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on October 17, 1997 
and July 30, 1996.
    (i) Incorporation by reference.
    (A) 310 CMR 7.24(8) ``Marine Volatile Organic Liquid Transfer'' 
effective in the Commonwealth of Massachusetts on October 5, 1997.
    (B) Definition of ``volatile organic compound'' in 310 CMR 7.00 
``Definitions'' effective in the Commonwealth of Massachusetts on June 
28, 1996.
    (C) Definition of ``waterproofing sealer'' in 310 CMR 7.25 ``Best 
Available Controls for Consumer and Commercial Products'' effective in 
the Commonwealth of Massachusetts on June 28, 1996.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (116) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 9, 2000, 
September 11, 2000 and July 25, 1995.
    (i) Incorporation by reference.
    (A) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective 
in the Commonwealth of Massachusetts on September 29, 2000.
    (B) 310 CMR 7.00 definitions of the following terms associated with 
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on 
September 29, 2000: ``commence operation''; ``emergency situation''; 
``executive order''; ``Stage II system''; ``substantial modification''; 
``vacuum assist system''; and ``vapor balance system.''
    (C) 310 CMR 7.00 definitions of the following terms associated with 
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on 
June 30, 1995: ``emergency motor vehicle;'' and ``tank truck.''
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (117) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 17, 
1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated February 17, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint 
spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 310 
CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal 
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal 
parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), 
Reasonable available control technology (as it applies to the 
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission 
control plans for implementation of reasonably available control 
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR 
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products 
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating; 
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26), 
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR 
7.24(3), Distribution of motor vehicle fuel all effective on February 
12, 1993.
    (118) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 19, 
1997.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 19, 1997 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Regulation 310 CMR 7.27, NOX Allowance Program, 
effective on June 27, 1997.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 9, 1998 clarifying the program implementation 
process.
    (119) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 15, 1994, 
October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999.
    (i) Incorporation by reference.

[[Page 126]]

    (A) Letters from the Massachusetts Department of Environmental 
Protection dated July 15, 1994, October 4, 1996, December 2, 1996, 
January 11, 1999, and April 16, 1999 submitting revisions to the 
Massachusetts State Implementation Plan.
    (B) Regulation, 310 CMR 7.19, ``Reasonably Available Control 
Technology (RACT) for Sources of Oxides of Nitrogen (NOX)'' 
as adopted by the Commonwealth of Massachusetts on June 29, 1994 and 
effective on July 1, 1994.
    (C) Emission Control Plan for Specialty Minerals, Incorporated, in 
Adams, issued by Massachusetts and effective on June 16, 1995.
    (D) Emission Control Plan for Monsanto Company's Indian Orchard 
facility in Springfield, issued by Massachusetts and effective on 
October 28, 1996.
    (E) Emission Control Plan for Turners Falls Limited Partnership/
Indeck Energy Services Turners Falls, Inc., in Montague, issued by 
Massachusetts and effective on March 10, 1998.
    (F) Emission Control Plan for Medusa Minerals Company in Lee, issued 
by Massachusetts and effective on April 17, 1998.
    (G) Regulation 310 CMR 7.08(2), ``Municipal Waste Combustors, 
adopted on July 24, 1998 and effective on August 21, 1998, excluding the 
following sections which were not submitted as part of the SIP revision: 
(a); the definition of ``Material Separation Plan'' in (c); (d)1; (d)2; 
(d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2; 
(g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4; 
(h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c; 
(i)2.d; (i)2.e; and (k)3.
    (H) Amendments to regulation 310 CMR 7.19, ``Reasonably Available 
Control Technology (RACT) for Sources of Oxides of Nitrogen 
(NOX)'' as adopted by the Commonwealth of Massachusetts on 
January 5, 1999 and effective on January 22, 1999.
    (120) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 25, 1990.
    (i) Incorporation by reference.
    (A) 310 CMR 6.04, 7.00, and 8.02 and 8.03 (August 17, 1990).
    (121) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 11, 1995 
and March 29, 1995.
    (i) Incorporation by reference.
    (A) Definitions of ``combustion device,'' ``leak,'' ``leaking 
component,'' ``lightering or lightering operation,'' ``loading event,'' 
``marine tank vessel,'' ``marine terminal,'' ``marine vessel,'' 
``organic liquid,'' and ``recovery device'' in 310 CMR 7.00 
``Definitions'' effective in the Commonwealth of Massachusetts on 
January 27, 1995.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (122) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on May 14, 1999, 
February 1, 2000 and March 15, 2000.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 60.02 entitled ``Regulations for the Enhanced 
Motor Vehicle Inspection and Maintenance Program'' which became 
effective on October 1, 1999, and a September 17, 1999, Notice of 
Correction submitted by the Secretary of State indicating the effective 
date of the regulations.
    (B) Sections 4.01, 4.02, 4.03, 4.04(1), (2), (3), (5), (15) 4.05(1), 
(2), (12)(d), (12)(e), (12)(o) 4.07, 4.08, and 4.09 of Regulation 540 
CMR 4.00 entitled ``Periodic Annual Staggered Safety and Combined Safety 
and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers 
and Converter Dollies' which became effective on May 28, 1999.''
    (ii) Additional materials.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated May 14, 1999, February 1, 2000, and March 15, 2000, 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) Test Procedures and Equipment Specifications submitted on 
February 1, 2000.
    (C) Acceptance Test Protocol submitted on March 15, 2000.
    (123) [Reserved]
    (124) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 19, 
1999.
    (i) Incorporation by reference.

[[Page 127]]

    (A) Amendments revising regulatory language in 310 CMR 7.19(13)(b), 
Continuous Emission Monitoring Systems, which became effective on 
December 10, 1999.
    (B) Amendments to 310 CMR 7.27, NOX Allowance Program, 
adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 
7.27(15)(e), which became effective December 10, 1999.
    (C) Regulations 310 CMR 7.28, NOX Allowance Trading 
Program, which became effective on December 10, 1999.
    (ii) Additional materials.
    (A) Letter from the Commonwealth of Massachusetts, Executive Office 
of Environmental Affairs, Department of Environmental Protection dated 
November 19, 1999, submitting amendment to SIP.
    (B) Background Document and Technical Support for Public Hearings on 
the Proposed Revisions to the State Implementation Plan for Ozone, July, 
1999.
    (C) Supplemental Background Document and Technical Support for 
Public Hearings on Modifications to the July 1999 Proposal to Revise the 
State Implementation Plan for Ozone, September, 1999.
    (D) Table of Unit Allocations.
    (E) Letter from the Commonwealth of Massachusetts, Executive Office 
of Environmental Affairs, Department of Environmental Protection dated 
April 10, 2002.
    (F) The SIP narrative ``Technical Support Document for Public 
Hearings on Revisions to the State Implementation Plan for Ozone for 
Massachusetts, Amendments to Statewide Projected Inventory for Nitrogen 
Oxides,'' dated March 2002.
    (125)-(126) [Reserved]
    (127) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 15, 1994 
and April 14, 1995.
    (i) Incorporation by reference.
    (A) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, 
``Emission Offsets and Nonattainment Review,'' effective July 1, 1994.
    (B) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, 
``Emission Offsets and Nonattainment Review'' paragraph (3)(g) effective 
July 1, 1994.
    (ii) Additional materials.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated July 15, 1994 and March 29, 1995 submitting revisions 
to the Massachusetts State Implementation Plan.
    (128) [Reserved]
    (129) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 17, 
1993, April 16, 1999, and October 7, 1999.
    (i) Incorporation by reference.
    (A) 310 CMR 7.18(17) ``Reasonable Available Control Technology,'' as 
it applies to the eastern Massachusetts ozone nonattainment area, 
effective in the Commonwealth of Massachusetts on February 12, 1993.
    (B) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to the Gillette Company Andover Manufacturing 
Plant on June 17, 1999.
    (C) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to Norton Company on August 5, 1999 and letter 
from the Massachusetts Department of Environmental Protection, dated 
October 7, 1999, identifying the effective date of this plan approval.
    (D) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to Rex Finishing Incorporated on May 10, 1991 
and letter from the Massachusetts Department of Environmental 
Protection, dated April 16, 1999, identifying the effective date of this 
plan approval.
    (E) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to Barnet Corporation on May 14, 1991.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated April 16, 1999, submitting negative declarations for 
certain VOC source categories.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated July 24, 2002, discussing wood furniture manufacturing 
and aerospace coating requirements in Massachusetts.

[[Page 128]]

    (C) 310 CMR 7.02 BACT plan approvals issued by the Massachusetts 
Department of Environmental Protection to Solutia, Saloom Furniture, 
Eureka Manufacturing, Moduform, Polaroid, and Globe.
    (130) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 8, 2000 
and December 26, 2000.
    (i) Incorporation by reference.
    (A) Massachusetts State Regulation 310 CMR 7.30 ``Massport/Logan 
Airport Parking Freeze,'' effective in the Commonwealth of Massachusetts 
on December 22, 2000.
    (B) Massachusetts State Regulation 310 CMR 7.31 ``City of Boston/
East Boston Parking Freeze,'' effective in the Commonwealth of 
Massachusetts on December 22, 2000.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 8, 2000 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated December 26, 2000 submitting the final state certified 
copies of State regulations 310 CMR 7.30 ``Massport/Logan Airport 
Parking Freeze'' and 310 CMR 7.31 ``City of Boston/East Boston Parking 
Freeze.''
    (131) [Reserved]
    (132) Revisions to the State Implementation Plan regarding the Low 
Emission Vehicle Program submitted by the Massachusetts Department of 
Environmental Protection on August 9 and August 26, 2002.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 9, 2002, in which it submitted the Low Emission 
Vehicle Program adopted on December 24, 1999.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated August 26, 2002 which clarified the August 9, 2002 
submittal to exclude certain sections of the Low Emission Vehicle 
Program from consideration.
    (C) December 24, 1999 version of 310 CMR 7.40, the ``Low Emission 
Vehicle Program'' except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6, 
310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12).
    (133) [Reserved]
    (134) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 12, 2006.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification 
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution 
Control District,'' effective in the Commonwealth of Massachusetts on 
December 30, 2005.
    (B) Massachusetts Regulation Filing, dated December 13, 2005, 
amending 310 CMR 7.38 entitled ``Certification of Tunnel Ventilation 
Systems in the Metropolitan Boston Air Pollution Control District.''
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 12, 2006, submitting a revision to the 
Massachusetts State Implementation Plan.
    (135) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 30, 2007.
    (i) Incorporation by reference.
    (A) 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule 
(Mass CAIR),'' effective in the Commonwealth of Massachusetts on May 4, 
2007.
    (B) Amendments to 310 CMR 7.28 entitled ``NOX Allowance 
Trading Program,'' effective in the Commonwealth of Massachusetts on May 
4, 2007.
    (C) Massachusetts Regulation Filing, dated April 19, 2007, amending 
310 CMR 7.28 entitled ``NOX Allowance Trading Program,'' and 
adopting 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule 
(Mass CAIR).''
    (136) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 13, 
2006 and June 1, 2007.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.00 entitled ``Definitions,'' 
adding the definition for the term ``Boston Metropolitan Planning 
Organization,'' effective in the Commonwealth of Massachusetts on 
December 1, 2006.

[[Page 129]]

    (B) Massachusetts Regulation 310 CMR 7.36 entitled ``Transit System 
Improvements,'' effective in the Commonwealth of Massachusetts on 
December 1, 2006.
    (C) Massachusetts Regulation Filing, dated November 16, 2006, 
substantiating December 1, 2006, State effective date for amended 310 
CMR 7.00 entitled ``Definition,'' (addition of term ``Boston 
Metropolitan Planning Organization,'' which appears on the replaced page 
173 of the State's Code of Massachusetts Regulations,) and 310 CMR 7.36 
entitled ``Transit System Improvements.''
    (ii) Additional Materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 13, 2006 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated June 1, 2007 submitting a revision to the Massachusetts 
State Implementation Plan.
    (C) Letter from the Massachusetts Executive Office of Transportation 
dated September 4, 2007 identifying its commitment to the Green Line 
extension and to make every effort to accelerate the planning, design 
and environmental review and permitting of the project in order to work 
towards the 2014 completion date.
    (D) Letter from the Chair of the Boston Region Metropolitan Planning 
Organization dated May 1, 2008 concurring in the finding that the 
transit system improvements projects will achieve emission benefits 
equivalent to or greater than the benefits from the original transit 
system improvements projects being replaced.
    (E) Letter from EPA New England Regional Administrator dated July 5, 
2008 concurring in the finding that the transit system improvements 
projects will achieve emission benefits equivalent to or greater than 
the benefits from the original transit system improvements projects 
being replaced.
    (137) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 1, 2009 and 
November 30, 2009.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 60.02 entitled ``Massachusetts Motor Vehicle 
Emissions Inspection and Maintenance Program,'' effective in the 
Commonwealth of Massachusetts on September 5, 2008, with the exception 
of subsection 310 CMR 60.02(24)(f).
    (B) Regulation 540 CMR 4.00 entitled ``Annual Safety and Combined 
Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-
trailers and Converter Dollies,'' effective in the Commonwealth of 
Massachusetts on September 5, 2008.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated June 1, 2009, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated November 30, 2009, amending the June 1, 2009 State 
Implementation Plan submittal.
    (C) Massachusetts June 1, 2009 SIP Revision Table of Contents Item 
7, ``Documentation of IM SIP Revision consistent with 42 USC Section 
7511a and Section 182(c)(3)(A) of the Clean Air Act.''

[37 FR 10871, May 31, 1972]

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



Sec. 52.1121  Classification of regions.

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

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

[[Page 130]]

 
Hartford-New Haven-Springfield Interstate.................           I          I       III         I          I
Berkshire Intrastate......................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


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



Sec. 52.1122  [Reserved]



Sec. 52.1123  Approval status.

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

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



Sec. 52.1124  Review of new sources and modifications.

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

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



Sec. 52.1125  Emission inventories.

    (a) The Governor's designee for the Commonwealth of Massachusetts 
submitted the 1990 base year emission inventories for the Springfield 
nonattainment area and the Massachusetts portion of the Boston-Lawrence-
Worcester ozone nonattainment area on November 13, 1992 as a revision to 
the State Implementation Plan (SIP). Revisions to the inventories were 
submitted on November 15, 1993, and November 15, 1994, and March 31, 
1997. The 1990 base year emission inventory requirement of section 
182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied 
for these areas.
    (b) The inventories are for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventories 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) Taken together, the Springfield nonattainment area and the 
Massachusetts portion of the Boston-Lawrence-Worcester nonattainment 
area encompass the entire geographic area of the State. Both areas are 
classified as serious ozone nonattainment areas.
    (d) The state of Massachusetts submitted base year emission 
inventories representing emissions for calendar year 2002 from the 
Boston-Lawrence-Worcester moderate 8-hour ozone nonattainment area and 
the Springfield moderate 8-hour ozone nonattainment area on January 31, 
2008 as revisions to the State's SIP. The 2002 base year emission 
inventory requirement of section 182(a)(1) of the Clean Air Act, as 
amended in 1990, has been satisfied for

[[Page 131]]

these areas. The inventories consist of emission estimates of volatile 
organic compounds and nitrogen oxides, and cover point, area, non-road 
mobile, on-road mobile and biogenic sources. The inventories were 
submitted as revisions to the SIP in partial fulfillment of obligations 
for nonattainment areas under EPA's 1997 8-hour ozone standard.

[62 FR 37514, July 14, 1997, as amended at 77 FR 50601, Aug. 22, 2012]



Sec. 52.1126  Control strategy: Sulfur oxides.

    (a) The revisions to the control strategy resulting from the 
modification to the emission limitations applicable to the sources 
listed below or resulting from the change in the compliance date for 
such sources with the applicable emission limitation is hereby approved. 
All regulations cited are air pollution control regulations of the 
State, unless otherwise noted. (See Sec. 52.1125 for compliance 
schedule approvals and disapprovals pertaining to one or more of the 
sources listed below.)

----------------------------------------------------------------------------------------------------------------
                                                                         Regulation
                  Source                             Location             involved         Date of adoption
----------------------------------------------------------------------------------------------------------------
Deerfield Specialty Papers, Inc..........  Monroe Bridge...............      5.1.2   Oct. 17, 1972.
Hollingsworth & Vose Co..................  East Walpole................      5.1.2   June 29, 1972.
Pepperell Paper Co.......................  Pepperell...................      5.1.2   Nov. 29, 1972.
Stevens Paper Mills, Inc.................  Westfield and South Hadley..      5.1.2   July 27, 1972.
Tileston and Hollingsworth Co............  Hyde Park...................      5.1.1   Nov. 21, 1972.
All sources in Berkshire APCD............  ............................      5.1.2    Do.
----------------------------------------------------------------------------------------------------------------

    (b)(1) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Pioneer Valley Air Pollution Control District, which allows 
a relaxation of sulfur in fuel limitations under certain conditions, is 
approved for the following sources. All other sources remain subject to 
the previously approved requirements of Regulation 7.05(1) which 
stipulate that sources are required to burn residual fuel oil having a 
sulfur content not in excess of 0.55 pounds per million Btu heat release 
potential (approximately equivalent to 1 percent sulfur content.)

Deerfield Specialty Paper Company, Monroe Bridge; Amherst College, 
Amherst; Brown Company, Holyoke; Monsanto Polymer and Petrochemical 
Company, Building 21, Springfield; Monsanto Polymer and Petrochemical 
Company, Building 49, Springfield; Mount Holyoke College, South Hadley; 
Uniroyal Tire Inc., Chicopee; Smith College, Northampton; West 
Springfield Generating Station, Western Massachusetts Electric, West 
Springfield.

                           Pioneer Valley APCD

Belchertown State School, Belchertown
James River Graphics (formerly Scott Graphics), south Hadley 
(conditioned upon operation of the boilers on only one of the two stacks 
at any given time, and operation being so restricted in the source's 
operating permit granted by the Massachusetts Department of 
Environmental Quality Engineering.)
Massachusetts Mutual Life Insurance Company, Springfield.
Northampton State Hospital, Northampton.
Springfield Technical Community College, Springfield.
Stanley Home Products, Easthampton.
Stevens Elastomeric Industries, Easthampton.
Ware Industries, Ware.
Westfield State College, Westfield.
Westover Air Force Base (Building 1411), Chicopee.
University of Massachusetts, Amherst.
Mount Tom Generating Station, Holyoke.

    (2) Massachusetts Regulation 310 CMR 7.05(1)(e)(3) for Pioneer 
Valley, as submitted on March 2, 1979, and May 5, 1981, which allows 
sources in Hampshire and Franklin Counties rated at less than 100 
million Btu per hour heat input capacity to burn fuel oil having a 
sulfur content of not more than 1.21 pounds per million Btu heat release 
potential (approximately equivalent to 2.2% sulfur content) is approved 
for all such sources with the exception of:

Strathmore Paper Co., Montague.

    (c) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) which allows a relaxation of sulfur in fuel limitations for the 
Central Massachusetts Air Pollution Control District, except in the City 
of Worcester, is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that

[[Page 132]]

sources are required to burn residual fuel oil having a sulfur content 
not in excess of 0.55 pounds per million BTU heat release potential 
(approximately equivalent to 1 percent sulfur content fuel oil).

American Optical Company, Southbridge, Wyman Gordon Company, Grafton, 
James River--Massachusetts Inc., Fitchburg, Fitchburg Paper Company, 
Fitchburg (only boilers which emit through the 55 meter stack).

                       Central Massachusetts APCD

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

    (d) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Southeastern Massachusetts Air Pollution Control District, 
which allows a relaxation of sulfur in fuel limitations under certain 
conditions is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that sources are required to burn residual fuel 
oil having a sulfur content not in excess of 0.55 pounds per million Btu 
heat release potential (approximately equivalent to 1 percent sulfur 
content.)

New England Power Company, Brayton Point Station, Somerset; Montaup 
Electric Company, Somerset Station, Somerset (limited to 75% capacity 
while burning higher sulfur fuels.) Canal Electric Company, Sandwich; 
Taunton Municipal Lighting Plant, Somerset Avenue, Taunton.

                     Southeastern Massachusetts APCD

L&O Realty Trust, Taunton.
New Bedford Gas and Electric, New Bedford.
Texas Instruments, Attleboro.
Arkwright Finishing Incorporated, Fall River.
Foster Forbes Glass Company, Milford.
Owens Illinois Inc., Mansfield.
Harodite Finishing Corporation, Dighton--(conditioned upon prior removal 
of rain-caps from stack, and certification of completion to the EPA by 
the Massachusetts Department of Environmental Quality Engineering.)
Polaroid Corporation, New Bedford.

    (e) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Merrimack Valley Air Pollution Control District, excluding 
the City of Lawrence and the towns of Andover, Methuen, and North 
Andover, which allows a relaxation of sulfur in fuel limitations under 
certain conditions, is approved for the following sources. All other 
sources remain subject to the previously approved requirements of 
Regulation 7.05(1) which stipulates that sources are required to burn 
residual fuel oil having a sulfur content not in excess of 0.55 pounds 
per million Btu heat release potential (approximately equivalent to 1 
percent sulfur content).

Hollingsworth and Vose, West Groton; James River Paper, Pepperell; 
Haverhill Paperboard Corp., Haverhill. Residual oil burning facilities 
less than 100 million Btu's per hour heat input capacity, except in the 
City of Lawrence, and Towns of Andover, Methuen, and North Andover.

    (f) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Metropolitan Boston Air Pollution Control District, which 
allows a relaxation of sulfur in fuel limitations under certain 
conditions, is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that sources in Arlington, Belmont, Boston, 
Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Newton, 
Somerville, Waltham, and Watertown (the Boston Core Area) are limited to 
burn fuel with a sulfur content not in excess of 0.28 pounds per million 
Btu heat release potential (approximately 0.5% sulfur content residual 
oil; sources in the remaining APCD are limited to burn fuel with a 
sulfur content not in excess of 0.55 pounds per million Btu heat release 
potential (approximately 1% sulfur content residual oil).

                        Metropolitan Boston APCD

General Motors, Framingham.

[[Page 133]]

Polaroid Corporation, Norwood.
Bird and Son, East Walpole.
Massachusetts Correctional Institute, South Walpole.
Bridgewater State College, Bridgewater.
Hanscom Field, Bedford.
Wellesley College, Wellesley.
National Tanning and Trading, Peabody.
General Tire, Reading.
General Food Corporation, Atlantic Gelatin, Woburn.
Massachusetts Correctional Institute, Bridgewater.
W. R. Grace, Acton.
Massachusetts Correctional Institute, Concord.
Danvers State Hospital, Danvers.
New England Power Company, Salem Harbor Station, Salem; Boston Edison, L 
Street, New Boston Station, Boston; Boston Edison, Mystic Station, 
Everett; Ventron Corporation, Danvers; General Electric, Lynn River 
Works, Lynn; U.S.M. Corporation, Beverly; Medfield State Hospital, 
Medfield; General Dynamics, Quincy; Hollingsworth and Vose, East 
Walpole; Kendal Company, Walpole; Dennison Manufacturing Company, 
Framingham.
Procter and Gamble Company, Quincy.
Natick Paperboard Corporation, Natick.

[38 FR 9089, Apr. 10, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1126, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1127  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The table reflects the new information 
presented in the approved Massachusetts plan.

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


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



Sec. 52.1128  Transportation and land use controls.

    (a) For purposes of this subpart, the definitions herein are 
applicable.
    (b) Definitions:
    (1) Register as applied to a motor vehicle, means the licensing of 
such motor vehicle for general operation on public roads or highways by 
the appropriate agency of the Federal Government or by the Commonwealth.
    (2) Boston Intrastate Region means the Metropolitan Boston 
Intrastate Air Quality Control Region, as defined in Sec. 81.19 of this 
part.
    (3) [Reserved]
    (4) Freeze area means that portion of the Boston Intrastate Region 
enclosed within the following boundaries:
    The City of Cambridge; that portion of the City of Boston from the 
Charles River and the Boston Inner Harbor on north and northeast of pier 
4 on Northern Avenue; by the east side of pier 4 to B Street, B Street 
extension of B Street to B Street, B Street, Dorchester Avenue, and the 
Preble Street to Old Colony Avenue, then east to the water, then by the 
water's edge around Columbia Point on various courses generally 
easterly, southerly, and westerly

[[Page 134]]

to the center of the bridge on Morrissey Boulevard, on the east and 
southeast; then due west to Freeport Street, Freeport Street, Dorchester 
Avenue, Southeast Expressway, Southampton Street, Reading Street, Island 
Street, Chadwick Street, Carlow Street, Albany Street, Hunneman Street, 
Madison Street, Windsor Street, Cabot Street, Ruggles Street, Parker 
Street, Ward Street, Huntington Avenue, Brookline-Boston municipal 
boundary, Mountford Street to the Boston University Bridge on the 
southwest and west; and the Logan International Airport. Where a street 
or roadway forms a boundary the entire right-of-way of the street is 
within the freeze area as defined.
    (5) Boston proper means that portion of the City of Boston, 
Massachusetts, contained within the following boundaries: The Charles 
River and Boston Inner Harbor on the northwest, north, and northeast, 
the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the 
Massachusetts Avenue Expressway access branch on the east and southeast, 
and Massachusetts Avenue on the west. Where a street or roadway forms a 
boundary, the entire right-of-way of the street is within the Boston 
proper area as here defined.
    (6) Regional Administrator means the Administrator of Region I of 
the U.S. Environmental Protection Agency.
    (7) Governor means the Governor of the Commonwealth or the head of 
such executive office of the Commonwealth as the Governor shall 
designate as responsible for carrying out specific provisions of this 
subpart.
    (8) Commonwealth means the Commonwealth of Massachusetts.

[40 FR 25161, June 12, 1975]



Sec. 52.1129  Control strategy: Ozone.

    (a) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on April 1, 1999, 
and supplemented on June 25, 1999 and September 9, 1999. The revisions 
are for the purpose of satisfying the rate of progress requirements of 
sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the 
Springfield, Massachusetts serious ozone nonattainment area.
    (b) Approval--Revisions to the State Implementation Plan submitted 
by the Massachusetts Department of Environmental Protection on July 27, 
1998, October 1, 1998 and August 13, 1999. The revisions are for the 
purpose of satisfying the attainment demonstration requirements of 
section 182(c)(2)(A) of the Clean Air Act, for the Springfield (Western 
Massachusetts) serious ozone nonattainment area. The revision 
establishes an attainment date of December 31, 2003 for the Springfield, 
Massachusetts serious ozone nonattainment area. This revision 
establishes motor vehicle emissions budgets for 2003 of 23.77 tons per 
day of volatile organic compounds (VOC) and 49.11 tons per day of 
nitrogen oxides ( NOX) to be used in transportation 
conformity in the Springfield, Massachusetts serious ozone nonattainment 
area.
    (c) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on April 10, 2002 
and amended on July 26, 2002. The revisions are for the purpose of 
satisfying the rate of progress requirements of sections 182(b)(1) and 
182(c)(2)(B) of the Clean Air Act for the Massachusetts portion of the 
Boston-Lawrence-Worcester serious ozone nonattainment area.
    (d) Approval--Revisions to the State Implementation Plan submitted 
by the Massachusetts Department of Environmental protection on July 27, 
1998, and September 6, 2002. The revisions are for the purpose of 
satisfying the one-hour ozone attainment demonstration requirements of 
section 182(c)92)(A) pof the Clean Air Act, for the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattiainment area. The revision 
establishes a one-hour attainment date of November 15, 2007l, for the 
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This 
revision establishes motor vehicle emissions budgets for 2007 of 86.7 
tons per day of volatile organic compounds and 226.363 tons per day of 
nitrogen oxides to be used in transportation conformity in the 
Massachusets portion of the Boston-Lawrence-Worcester, MA-NH serious 
ozone nonattainment area.
    (e) Determination of Attainment for the One-Hour Ozone Standard. 
Effective May 30, 2012, EPA is determining

[[Page 135]]

that the Springfield (Western Massachusetts) one-hour ozone 
nonattainment area did not meet its applicable one-hour ozone attainment 
date of December 31, 2003, based on 2001-2003 complete, quality-assured 
ozone monitoring data. Separate from and independent of this 
determination, EPA is determining that the Springfield (Western 
Massachusetts) one-hour ozone nonattainment area met the one-hour ozone 
standard, based on 2007-2009 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 2007-2009 monitoring period, and has continued attaining the one-
hour standard through the 2008-2010 and 2009-2011 monitoring periods.
    (f) Determination of Attainment for the One-Hour Ozone Standard. 
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour 
ozone standard, by the area's applicable attainment date of November 15, 
2007, based on 2005-2007 complete, certified, quality-assured ozone 
monitoring data at all monitoring sites in the area.
    (g) Determination of Attainment. (1) Determination of Attainment by 
Attainment Date; and
    (2) Determination of Attainment. Effective June 28, 2012.
    (i) Determination of Attainment by the Area's Attainment Date. EPA 
is determining that the Boston-Lawrence-Worcester, MA eight-hour ozone 
nonattainment area met the applicable June 15, 2010 attainment deadline 
for the 1997 eight-hour ozone standard.
    (ii) EPA is determining that the Boston-Lawrence-Worcester, MA 
eight-hour ozone nonattainment area has attained the 1997 eight-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 continues to attain the 1997 eight-hour ozone 
standard. If EPA determines, after notice-and comment rulemaking, that 
the Boston-Lawrence-Worcester, MA area no longer meets the 1997 ozone 
NAAQS, this determination shall be withdrawn.
    (h) Determinations of Attainment: Effective July 19, 2012.
    (1) Determination of Attainment. EPA is determining that the 
Springfield (Western Massachusetts) 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 continues to 
attain the 1997 8-hour ozone standard. If EPA determines, after notice-
and comment rulemaking, that the Western Massachusetts area no longer 
meets the 1997 ozone NAAQS, this determination shall be withdrawn.
    (2) Determination of Attainment by the Area's Attainment Date. EPA 
has determined that the Springfield (Western Massachusetts) 8-hour ozone 
nonattainment area met the applicable June 15, 2010 attainment deadline 
for the 1997 8-hour ozone standard.
    (i) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 31, 
2008. These revisions are for the purpose of satisfying the rate of 
progress requirement of section 182(b)(1) from 2002 through 2008, and 
the contingency measure requirement of sections 172(c)(9) and of the 
Clean Air Act, for the Boston-Lawrence-Worcester (E. MA) moderate 8-hour 
ozone nonattainment area, and the Springfield (W. MA) moderate 8-hour 
ozone nonattainment area. These revisions establish motor vehicle 
emission budgets for 2008 of 68.30 tons per day of volatile organic 
compounds (VOCs) and 191.30 tons per day of nitrogen oxides 
(NOX) to be used in transportation conformity in the Boston-
Lawrence-Worcester (E. MA) moderate 8-hour ozone nonattainment area. 
These revisions also establish motor vehicle emission budgets for 2008 
for the Springfield (W. MA) moderate 8-hour ozone nonattainment area of 
11.80

[[Page 136]]

tons per day for VOCs, and 31.30 tons per day for NOX.

[65 FR 68898, Nov. 15, 2000, as amended at 66 FR 693, Jan. 3, 2001; 67 
FR 55125, Aug. 28, 2002; 67 FR 72579, Dec. 6, 2002; 77 FR 25363, Apr. 
30, 2012; 77 FR 31498, May 29, 2012; 77 FR 36405, June 19, 2012; 77 FR 
50601, Aug. 22, 2012]



Sec. 52.1130  [Reserved]



Sec. 52.1131  Control strategy: Particulate matter.

    (a) Revisions to the following regulations submitted on March 30, 
1979 are disapproved:
    (1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than 
250 million Btu/hr input burning solid fuel.
    (2) Regulation 310 CMR 7.02(9), Table 5.
    (b) Approval--Submittal from the Massachusetts Department of 
Environmental Protection, dated April 4, 2008 to address the Clean Air 
Act (CAA) infrastructure requirements for the 1997 PM2.5 
NAAQS. This submittal satisfies requirements of CAA sections 
110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F), 
(G), (H), (J) (consultation and public notification only), (K), (L), and 
(M).
    (c) Conditional Approval--Submittal from the Massachusetts 
Department of Environmental Protection, dated April 4, 2008, to address 
the Clean Air Act (CAA) infrastructure requirements for the 1997 
PM2.5 NAAQS is conditionally approved for CAA elements 
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon 
Massachusetts taking actions to meet requirements of these elements 
within one year of conditional approval, as committed to in a letter 
from the state to EPA Region 1 dated July 12, 2012.
    (d) Disapproval--Submittal from the Massachusetts Department of 
Environmental Protection, dated April 4, 2008, to address the Clean Air 
Act (CAA) infrastructure requirements for the 1997 PM2.5 
NAAQS. This submittal does not satisfy requirements of CAA sections 
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii), 
and (J) (PSD program only).
    (e) Approval--Submittal from the Massachusetts Department of 
Environmental Protection, dated September 21, 2009, with supplements 
submitted on January 13, 2011, and August 19, 2011, to address the Clean 
Air Act (CAA) infrastructure requirements for the 2006 PM2.5 
NAAQS. This submittal satisfies requirements of CAA sections 
110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F), 
(G), (H), (J) (consultation and public notification only), (K), (L), and 
(M).
    (f) Conditional Approval--Submittal from the Massachusetts 
Department of Environmental Protection, dated September 21, 2009, with 
supplements submitted on January 13, 2011, and August 19, 2011, to 
address the Clean Air Act (CAA) infrastructure requirements for the 2006 
PM2.5 NAAQS is conditionally approved for CAA elements 
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon 
Massachusetts taking actions to meet requirements of these elements 
within one year of conditional approval, as committed to in a letter 
from the state to EPA Region 1 dated July 12, 2012.
    (g) Disapproval--Submittal from the Massachusetts Department of 
Environmental Protection, dated September 21, 2009, with supplements 
submitted on January 13, 2011, and August 19, 2011, to address the Clean 
Air Act (CAA) infrastructure requirements for the 2006 PM2.5 
NAAQS. This submittal does not satisfy requirements of CAA sections 
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii), 
and (J) (PSD program only).

[45 FR 2044, Jan. 10, 1980, as amended at 77 FR 63233, Oct. 16, 2012]



Sec. 52.1132  Control strategy: Carbon Monoxide.

    (a) Approval--On November 13, 1992, the Massachusetts Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1990 base year emission inventory. The 
inventory was submitted by the State of Massachusetts to satisfy Federal 
requirements under section 182(a)(1) of the Clean Air Act as amended in 
1990, as a revision to the carbon monoxide State Implementation Plan.
    (b) Approval--On December 12, 1994, the Massachusetts Department of 
Environmental Protection submitted a request to redesignate the Boston 
Area carbon monoxide nonattainment area

[[Page 137]]

to attainment for carbon monoxide. As part of the redesignation request, 
the State submitted a maintenance plan as required by 175A of the Clean 
Air Act, as amended in 1990. Elements of the section 175A maintenance 
plan include a base year (1993 attainment year) emission inventory for 
carbon monoxide, a demonstration of maintenance of the carbon monoxide 
NAAQS with projected emission inventories to the year 2010 for carbon 
monoxide, a plan to verify continued attainment, a contingency plan, and 
an obligation to submit a subsequent maintenance plan revision in 8 
years as required by the Clean Air Act. If the area records a violation 
of the carbon monoxide NAAQS (which must be confirmed by the State), 
Massachusetts will implement one or more appropriate contingency 
measure(s) which are contained in the contingency plan. The menu of 
contingency measures includes an enhanced motor vehicle inspection and 
maintenance program and implementation of the oxygenated fuels program. 
The redesignation request and maintenance plan meet the redesignation 
requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 
1990, respectively. The redesignation meets the Federal requirements of 
section 182(a)(1) of the Clean Air Act as a revision to the 
Massachusetts Carbon Monoxide State Implementation Plan for the above 
mentioned area.
    (c) Approval--On May 25, 2001, the Massachusetts Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1996 base year emission inventory. The 
inventory was submitted by the State of Massachusetts to satisfy Federal 
requirements under section 172(c) of the Clean Air Act as amended in 
1990, as a revision to the carbon monoxide State Implementation Plan.
    (d) Approval--On May 25, 2001, the Massachusetts Department of 
Environmental Protection (MADEP) submitted a request to redesignate the 
cities of Lowell, Springfield, Waltham, and Worcester from nonattainment 
area to attainment for carbon monoxide. As part of the redesignation 
request, the State submitted a maintenance plan as required by 175A of 
the Clean Air Act, as amended in 1990. Elements of the section 175A 
maintenance plan include a 1996 emission inventory for carbon monoxide, 
a demonstration of maintenance of the carbon monoxide NAAQS with 
projected emission inventories to the year 2012 for carbon monoxide, a 
plan to verify continued attainment, a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If an area records an exceedance or 
violation of the carbon monoxide NAAQS (which must be confirmed by the 
MADEP), Massachusetts will implement one or more appropriate contingency 
measure(s) which are contained in the contingency plan. The 
redesignation request and maintenance plan meet the redesignation 
requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 
1990, respectively.
    (e) Approval--On April 14, 2010, the Massachusetts Department of 
Environmental Protection submitted a modification to the Lowell 
maintenance plan approved in paragraph (c) of this section. 
Massachusetts will not conduct CO monitoring in Lowell, but instead 
commits to continue to collect and review CO monitoring data from nearby 
Worcester, MA on an on-going basis. In the event the second highest CO 
concentration in any calendar year monitored in Worcester reaches 75 
percent of the federal 1-hour or 8-hour national ambient air quality 
standard for CO, Massachusetts will, within 9 months of recording such 
concentrations, re-establish a CO monitoring site in Lowell consistent 
with EPA citing criteria, and resume analyzing and reporting those data. 
Massachusetts commits to implement its contingency program in Lowell in 
the event that a CO violation is monitored at the re-established Lowell 
monitoring site at any time during the maintenance period. If the 
Worcester CO monitor measures a violation of either the federal 1-hour 
or 8-hour NAAQS for CO, contingency measures will be implemented in 
Lowell as well, until a re-established CO monitor in Lowell shows

[[Page 138]]

that the area is in attainment of the CO standard.

[61 FR 2923, Jan. 30, 1996, as amended at 67 FR 7278, Feb. 19, 2002; 76 
FR 27910, May 13, 2011]



Sec. 52.1133  [Reserved]



Sec. 52.1134  Regulation limiting on-street parking by commuters.

    (a) On-street parking means parking a motor vehicle on any street, 
highway, or roadway, except for legal stops within designated loading 
zones or areas defined for loading purposes, at or before intersections, 
as caution, safety and emergencies require, whether or not a person 
remains in the vehicle.
    (b) Commencing on or before June 30, 1974, the Commonwealth, the 
City of Boston, the City of Cambridge, and administrative bodies of any 
of them having jurisdiction over any streets, highways, or roadways 
within the City of Cambridge or Boston proper, and the principal 
officials and administrative bodies thereof having responsibility over 
parking on such streets, highways, or roadways, shall adopt all 
necessary administrative and enforcement procedures and regulations to 
effect a prohibition of on-street parking within Boston proper between 
the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge 
between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and 
legal holidays. The regulations shall state that violation of the 
prohibition shall be punishable by a fine of not less than $15. The City 
of Boston shall at a minimum eliminate 50 percent of on-street parking 
during the hours specified by January 1, 1976; 66\2/3\ percent by 
September 1, 1976; and 100 percent by March 1, 1977. The City of 
Cambridge shall at a minimum eliminate 33\1/3\ percent of on-street 
parking during the hours specified by September 30, 1974; 66\2/3\ 
percent by July 1, 1975; and 100 percent by March 1, 1977. Any other 
affected entity shall at a minimum eliminate 33\1/3\ percent of such 
parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 66\2/
3\ percent by September 1, 1976, and 100 percent by March 1, 1977.
    (c) The following classes of vehicles shall be exempt from the 
requirements of this section, provided that on-street parking by such 
vehicles is in compliance with local and state regulations:
    (1) Vehicles owned by residents of that portion of Boston included 
within Boston proper that are registered in Boston and display a 
resident parking sticker for that area issued by the City of Boston;
    (2) Vehicles owned by residents of Cambridge that are registered in 
and parked within Cambridge and display an appropriate parking sticker 
issued by the City of Cambridge;
    (3) Vehicles owned and operated by handicapped persons with HP 
license plates; and
    (4) Vehicles registered as ``commercial vehicles'' by the 
Commonwealth and displaying appropriate license plates.
    (d) On or before June 30, 1974, no owner or operator of a motor 
vehicle shall park, or permit the on-street parking of, said vehicle 
within Cambridge or Boston proper except in conformity with the 
provisions of this section and the measures implementing it.
    (e) The Governor and the chief executive of any other governmental 
entity on which obligations are imposed by paragraph (b) of this section 
should, on or before April 15, 1974, submit to the Regional 
Administrator for his approval a detailed statement of the legal and 
administrative steps selected to effect the prohibition provided for in 
paragraphs (b) and (d) of this section, and a schedule of implementation 
consistent with the requirements of this section. Such schedule shall 
include as a minimum the following:
    (1) Designation of one or more agencies responsible for the 
administration and enforcement of the program;
    (2) The procedures by which the designated agency will enforce the 
prohibition provided for in paragraphs (b) and (d) of this section;
    (3) The procedures by which vehicles exempt from the requirements of 
this section will be marked; and
    (4) A map showing which streets will be subject to the ban according 
to the schedule of implementation.
    (f) Upon a finding that substantial hardship would otherwise be 
experienced by employees of employment facilities located in Cambridge, 
the Director of Traffic and Parking of the

[[Page 139]]

City of Cambridge may issue special parking stickers to such employees 
which shall entitle vehicles to park during the hours of the ban. Such 
stickers shall be valid only for those streets and areas of streets 
clearly identified on the face of such stickers, shall be issued with 
preference being given to carpools and vanpools and shall be subject to 
immediate revocation if the vehicle is cited for a parking violation on 
a street or area other than those designated. A list of all persons 
receiving such stickers shall be sent to the Regional Administrator on 
or before July 1 of each year.
    (g) The ban shall not apply to any street space which is subject to 
metered parking with a maximum allowable time limit of one hour.

[40 FR 25162, June 12, 1975]



Sec. 52.1135  Regulation for parking freeze.

    (a) Definitions:
    (1) The phrase to commence construction means to engage in a 
continuous program of on-site construction including site clearance, 
grading, dredging, or land filling specifically designed for a parking 
facility in preparation for the fabrication, erection, or installation 
of the building components of the facility. For the purpose of this 
paragraph, interruptions resulting from acts of God, strikes, 
litigation, or other matters beyond the control of the owner shall be 
disregarded in determining whether a construction or modification 
program is continuous.
    (2) The phrase to commence modification means to engage in a 
continuous program of on-site modification including site clearance, 
grading, dredging, or land filling in preparation for a specific 
modification of the parking facility.
    (3) The phrase commercial parking space means a space used for 
parking a vehicle in a commercial parking facility.
    (4) [Reserved]
    (5) Commercial parking facility (also called facility) means any 
lot, garage, building or structure, or combination or portion thereof, 
on or in which motor vehicles are temporarily parked for a fee, 
excluding (i) a parking facility, the use of which is limited 
exclusively to residents (and guests of residents) of a residential 
building or group of buildings under common control, and (ii) parking on 
public streets.
    (6) Freeze means to maintain at all times after October 15, 1973, 
the total quantity of commercial parking spaces available for use at the 
same amounts as were available for use prior to said date; Provided, 
That such quantity may be increased by spaces the construction of which 
commenced prior to October 15, 1973, or as specifically permitted by 
paragraphs (n), (p) and (q) of this section; provided further that such 
additional spaces do not result in an increase of more than 10 percent 
in the total commercial parking spaces available for use on October 15, 
1973, in any municipality within the freeze area or at Logan 
International Airport (``Logan Airport''). For purposes of the last 
clause of the previous sentence, the 10 percent limit shall apply to 
each municipality and Logan Airport separately.
    (b) [Reserved]
    (c) There is hereby established a freeze, as defined by paragraph 
(a)(6) of this section, on the availability of commercial parking 
facilities in the freeze area effective October 15, 1973. In the event 
construction in any municipality, commenced prior to October 15, 1973, 
results in a number of spaces which exceeds the 10 percent limit 
prescribed by paragraph (a)(6) of this section, then the Governor shall 
immediately take all necessary steps to assure that the available 
commercial spaces within such municipality shall be reduced to comply 
with the freeze. In the event that such limit is exceeded at Logan 
Airport, then the provisions of paragraph (m) of this section shall 
apply.
    (d) [Reserved]
    (e) After August 15, 1973, no person shall commence construction of 
any commercial parking facility or modification of any such existing 
facility in the freeze area unless and until he has obtained from the 
Governor or from an agency approved by the Governor a permit stating 
that construction or modification of such facility will be in compliance 
with the parking freeze established by paragraph (c) of this section. 
This paragraph shall not apply to

[[Page 140]]

any proposed parking facility for which a general construction contract 
was finally executed by all appropriate parties on or before August 15, 
1973.
    (f) The Governor shall notify the Regional Administrator in writing 
within 10 days of approval of any agency pursuant to paragraph (e) of 
this section. In order for any agency to be approved by the Governor for 
purposes of issuing permits pursuant to paragraph (e) of this section, 
such agency shall demonstrate to the satisfaction of the Governor that:
    (1) Requirements for permit application and issuance have been 
established. Such requirements shall include but not be limited to a 
condition that before a permit may be issued the following findings of 
fact or factually supported projections must be made:
    (i) The location of the facility; and
    (ii) The total motor vehicle capacity before and after the proposed 
construction or modification of the facility.
    (2) Criteria for issuance of permits have been established and 
published. Such criteria shall include, but not be limited to:
    (i) Full consideration of all facts contained in the application.
    (ii) Provisions that no permit will be issued if construction or 
modification of the facility will not comply with the requirements of 
paragraph (c) of this section.
    (3) Agency procedures provide that no permit for the construction or 
modification of a facility covered by this section shall be issued 
without notice and opportunity for public hearing. The public hearing 
may be of a legislative type; the notice shall conform to the 
requirements of 40 CFR 51.4(b); and the agency rules or procedures may 
provide that if no notice of intent to participate in the hearing is 
received from any member of the public (other than the applicant) prior 
to 7 days before the scheduled hearing date, no hearing need be held. If 
notice of intent to participate is required, the fact shall be noted 
prominently in the required hearing notice.
    (g)-(l) [Reserved]
    (m) On or before January 30, 1975, the Massachusetts Port Authority 
(``Massport'') shall prepare and submit to the Governor for his approval 
a plan showing the manner in which the number of commercial parking 
spaces at Logan Airport which exceeds the number of such spaces 
permitted under the freeze shall be removed from use. The Governor shall 
approve such plan if he determines that (1) implementation of such plan 
would result in reducing the aggregate number of commercial parking 
spaces to the level of such spaces permitted by this section, (2) 
Massport has adequate legal authority to implement such plan and (3) 
adequate commitments have been made by Massport to assure the Governor 
that such plan will be fully implemented and maintained on and after May 
1, 1976. In the event that the Governor does not approve such plan by 
April 1, 1976, then the owner or operator of each commercial parking 
facility located at Logan Airport shall, on or before July 1, 1976, 
reduce the number of commercial parking spaces available for use at each 
such facility by an amount which bears the same proportion to the number 
of spaces exceeding the limit imposed by this section as the number of 
spaces available at such facility bears the total number of such spaces 
which were available for use at Logan Airport on April 1, 1976.
    (n) Where an agency approved by the Governor under paragraph (e) of 
this section to issue permits for new construction in the City of 
Cambridge demonstrates to the satisfaction of the Governor that (1) 
specific on-street parking spaces in use as of October 15, 1973, were 
being legally and regularly used as of such date for parking by 
commuters (as that term is defined in Sec. 52.1161(a)(6)) who are not 
residents of Cambridge and that (2) effective measures have been 
implemented (including adequate enforcement) to prevent such spaces from 
being used by such commuters, then such approved agency may issue 
permits for construction of additional new commercial parking spaces 
equal to one-half of the number of spaces removed from regular use by 
such commuters and the total quantity of commercial parking spaces 
allowable in Cambridge under this section shall be raised accordingly.
    (o) On or before July 31, 1976, and on or before each succeeding 
July 31, the

[[Page 141]]

Governor and the chief executive officer of any agency approved by the 
Governor under paragraph (e) of this section shall submit a report to 
the Regional Administrator setting forth:
    (1) The names and addresses of all persons who received permits 
during the previous twelve-month period ending June 30 and number of 
spaces allocated to each such person;
    (2) The number of commercial parking spaces available for use as of 
the June 30 prior to the date of the report;
    (3) The number of commercial parking spaces which remain available 
for allocation by the Governor or such agency as of the June 30 prior to 
the date of the report, including those spaces made available because of 
retirement of existing commercial parking spaces as well as those spaces 
made available because of the effects of paragraphs (n), (p) and (q) of 
this section; and
    (4) The location and capacity of any park-and-ride facility 
designated under paragraph (p) of this section.
    (p) The Governor and any approved agency may issue a permit to 
construct a commercial parking facility which is designated by the 
Governor as a park-and-ride facility to be operated in conjunction with 
mass transit service without regard to the limitations on number of 
spaces imposed by this section.
    (q) Where an agency approved by the Governor can demonstrate to the 
satisfaction of the Governor that there have been physically eliminated 
through permanent modification or demolition any legal on-street parking 
spaces within a municipality then such agency may issue permits for 
construction within that municipality of additional new commercial 
parking spaces equal to the number of spaces thus eliminated and the 
total quantity of commercial parking spaces allowable for such 
municipality under this section shall be increased accordingly.
    (r) The provisions of this regulation shall cease to be effective as 
to that portion of the freeze area lying within the City of Boston and 
not included within Boston proper or Logan Airport at such time as the 
City of Boston implements a program, approved by the Governor, which 
shall include effective measures to control the construction of 
additional commercial parking spaces within that area, including 
procedures for issuance of conditional use permits under applicable 
zoning regulations and for assuring compliance with all air quality 
requirements under state and Federal law.

[40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug. 29, 1975]



Sec. Sec. 52.1136-52.1144  [Reserved]



Sec. 52.1145  Regulation on organic solvent use.

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

[[Page 142]]

    (3) Organic materials are chemical compounds of carbon excluding 
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, 
metallic carbonates, and ammonium carbonate.
    (b) This section is applicable throughout the Boston Intrastate 
Region. The requirements of this section shall be in effect in 
accordance with Sec. 52.1147.
    (c) No person shall cause, allow, suffer, or permit the discharge 
into the atmosphere of more than 15 pounds of organic materials in any 1 
day, nor more than 3 pounds of organic materials in any 1 hour, from any 
article, machine, equipment, or other contrivance, in which any organic 
solvent or any material containing organic solvent comes into contact 
with flame or is baked, heat-cured, or heat-polymerized, in the presence 
of oxygen, unless said discharge has been reduced as a result of the 
installation of abatement controls by at least 85 percent. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for processing a continuous web, strip, or wire 
that emit organic materials and use operations described in this section 
shall be collectively subject to compliance with this section.
    (d) No person shall cause, suffer, allow, or permit the discharge 
into the atmosphere of more than 40 pounds of organic materials in any 1 
day, nor more than 8 pounds in any 1 hour, from any article, machine, 
equipment, or other contrivance used under conditions other than 
described in paragraph (c) of this section for employing, or applying 
any solvent of high photochemical reactivity or material containing such 
photochemically reactive solvent, unless said discharge has been reduced 
as a result of the installation of abatement controls by at least 85 
percent. Emissions of organic materials into the atmosphere resulting 
from air or heated drying of products for the first 12 hours after their 
removal from any article, machine, equipment or other contrivance 
described in this section shall be included in determining compliance 
with this section. Emissions resulting from baking, heat-curing, or 
heat-polymerizing as described in paragraph (c) of this section shall be 
excluded from determination of compliance with this section. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for processing a continuous web, strip, or wire 
that emit organic materials and use operations described in this section 
shall be collectively subject to compliance with this section.
    (e) Emissions of organic materials to the atmosphere from the clean-
up with a solvent of high photochemical reactivity, or any article, 
machine, equipment, or other contrivance described in paragraph (c) or 
(d) of this section or in this paragraph, shall be included with the 
other emissions of organic materials from that article, machine, 
equipment or other contrivance for determining compliance with this 
section.
    (f) No person shall cause, suffer, allow, or permit during any one 
day disposal of a total of more than 1.5 gallons of any solvent of high 
photochemical reactivity, or of any material containing more than 1.5 
gallons of any such photochemically reactive solvent by any means that 
will permit the evaporation of such solvent into the atmosphere.
    (g) Emissions of organic materials into the atmosphere required to 
be controlled by paragraph (c) or (d) of this section shall be reduced 
by:
    (1) Incineration, provided that 90 percent or more of the carbon in 
the organic material being incinerated is converted to carbon dioxide, 
or
    (2) Adsorption, or
    (3) The use of other abatement control equipment determined by the 
Regional Administrator to be no less effective than either of the above 
methods.
    (h) A person incinerating, adsorbing, or otherwise processing 
organic materials pursuant to this section shall provide, properly 
install and maintain in calibration, in good working order, and in 
operation, devices as specified in the authority to construct, or as 
specified by the Regional Administrator, for indicating temperatures, 
pressures, rates of flow, or other operating conditions necessary to 
determine the degree and effectiveness of air pollution control.
    (i) Any person using organic solvents or any materials containing 
organic

[[Page 143]]

solvents shall supply the Regional Administrator upon request and in the 
manner and form prescribed by him, written evidence of the chemical 
composition, physical properties, and amount consumed for each organic 
solvent used.
    (j) The provisions of this rule shall not apply to:
    (1) The manufacture of organic solvents, or the transport or storage 
of organic solvents or materials containing organic solvents.
    (2) The spraying or other use of insecticides, pesticides, or 
herbicides.
    (3) The employment, application, evaporation, or drying of saturated 
halogenated hydrocarbons or perchloroethylene.
    (4) The use of any material, in any article, machine, equipment or 
other contrivance described in paragraph (c), (d), or (e) of this 
section if:
    (i) The volatile content of such material consists only of water, 
and organic solvents;
    (ii) The organic solvents comprise not more than 30 percent by 
volume of said volatile content;
    (iii) The volatile content is not a solvent of high photochemical 
reactivity as defined in paragraph (a) of this section; and
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame. This last stipulation applies 
only for those articles, machines, equipment or other contrivances that 
are constructed or modified after November 8, 1973.
    (5) The use of any material, in any article, machine, equipment or 
other contrivance described in paragraph (c), (d), or (e) of this 
section if:
    (i) The organic solvent content of such material does not exceed 30 
percent by volume of said material;
    (ii) The volatile content is not a solvent of high photochemical 
reactivity; and
    (iii) [Reserved]
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame. This last stipulation applies 
only for those articles, machines, equipment or other contrivances that 
are constructed or modified after November 8, 1973.
    (6) [Reserved]
    (7) An article, machine, equipment or other contrivance described in 
paragraph (c), (d) or (e) of this section used exclusively for chemical 
or physical analyses or determination of product quality and commercial 
acceptance provided that--
    (i) The exemption is approved in writing by the Regional 
Administrator;
    (ii) The operator of said article, machine, equipment or contrivance 
is not an integral part of the production process; and
    (iii) The emissions from said article, machine, equipment or other 
contrivance do not exceed 800 lbs. in any calendar month.
    (8) Sources subject to the provisions of Massachusetts Regulation 
310 CMR 7.18 which has been federally approved.
    (k) [Reserved]
    (l) All determinations of emission rates shall be conducted in a 
manner approved in writing by the Regional Administrator.

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



Sec. 52.1146  [Reserved]



Sec. 52.1147  Federal compliance schedules.

    (a) Except as provided in paragraph (c) of this section, the owner 
or operator of a source subject to regulation under paragraph (c)(1) of 
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of 
progress contained in the following schedule:
    (1) Final control plans for emission control systems or process 
modifications must be submitted on or before June 1, 1974, for sources 
subject to Sec. 52.1144(c)(1) and on or before May 1, 1974 for sources 
subject to Sec. 52.1145.
    (2) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modifications on or 
before March 1, 1975, for sources subject to Sec. 52.1144(c)(1) and on 
or before July 1, 1974, for sources subject to Sec. 52.1145.
    (3) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin on or before May 1, 
1975, for sources subject to Sec. 52.1144(c)(1) and on

[[Page 144]]

or before August 15, 1974, for sources subject to Sec. 52.1145.
    (4) On-site construction or installation of emission control 
equipment or process modification must be completed prior to April 15, 
1975, except for purposes of paragraph (c)(1) of Sec. 52.1144, the 
applicable date shall be February 1, 1976.
    (5) Final compliance is to be achieved prior to May 31, 1975, except 
for sources subject to paragraph (c)(1) of Sec. 52.1144 of this 
subpart. Final compliance for sources subject to paragraph (c)(1) of 
Sec. 52.1144 is to be achieved by June 1, 1976.
    (i) Facilities subject to paragraph (c)(1)(iii) of Sec. 52.1144 of 
this subpart which have a daily throughput of 20,000 gallons of gasoline 
or less are required to have a vapor recovery system in operation no 
later than May 31, 1977. Delivery vessels and storage containers served 
exclusively by facilities required to have a vapor recovery system in 
operation no later than May 31, 1977, also are required to meet the 
provisions of this section no later than May 31, 1977.
    (6) Any owner or operator of stationary sources subject to 
compliance schedule in this paragraph shall certify to the Administrator 
within 5 days after the deadline for each increment of progress, whether 
or not the required increment of progress has been met.
    (7) Any gasoline dispensing facility subject to paragraph (c)(1) of 
Sec. 52.1144 which installs a storage tank after October 15, 1973, 
shall comply with such paragraph by March 1, 1976. Any facility subject 
to such paragraph which installs a storage tank after March 1, 1976 
shall comply with such paragraph at the time of installation.
    (b) Except as provided in paragraph (d) of this section, the owner 
or operator of a source subject to paragraph (d)(1) of Sec. 52.1144 
shall comply with the increments of progress contained in the following 
compliance schedule:
    (1) Final control plans for emission control systems or process 
modifications must be submitted prior to January 1, 1975.
    (2) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modification prior to 
March 1, 1975.
    (3) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin not later than May 
1, 1975.
    (4) On-site construction or installation of emission control 
equipment or process modification must be completed prior to May 1, 
1977.
    (5) Federal compliance is to be achieved prior to May 31, 1977.
    (6) Any owner or operator of stationary sources subject to the 
compliance schedule in this paragraph shall certify to the 
Administrator, within 5 days after the deadline for each increment of 
progress, whether or not the required increment of progress has been 
met.
    (7) Any gasoline dispensing facility subject to paragraph (d)(1) of 
Sec. 52.1144 which installs a gasoline dispensing system after the 
effective date of this regulation shall comply with the requirements of 
such paragraph by May 31, 1977. Any facility subject to such paragraph 
which installs a gasoline dispensing system after May 31, 1977, shall 
comply with such paragraph at the time of installation.
    (c) Paragraph (a) of this section shall not apply:
    (1) To a source which is presently in compliance with all 
requirements of paragraph (c)(1) of Sec. 52.1144 and Sec. 52.1145 and 
which has certified such compliance to the Administrator by June 1, 
1974. The Administrator may request whatever supporting information he 
considers necessary for proper certification.
    (2) To a source for which a compliance schedule is adopted by the 
Commonwealth and approved by the Administrator.
    (3) To a source subject to Sec. 52.1144(c)(1) whose owner or 
operator submits to the Administrator by June 1, 1974, a proposed 
alternative compliance schedule. No such schedule may provide for 
compliance after March 1, 1976. If promulgated by the Administrator, 
such schedule shall satisfy the requirements of this paragraph for the 
affected source.
    (4) To a source subject to Sec. 52.1145 whose owner or operator 
submits to

[[Page 145]]

the Administrator by May 1, 1974, a proposed alternative compliance 
schedule. No such schedule may provide for compliance after May 31, 
1975. If promulgated by the Administrator, such schedule shall satisfy 
the requirements of this paragraph for the affected source.
    (d) Paragraph (b) of this section shall not apply:
    (1) To a source which is presently in compliance with paragraph 
(d)(1) of Sec. 52.1144 and which has certified such compliance to the 
Administrator by January 1, 1975. The Administrator may request whatever 
supporting information he considers necessary for proper certification.
    (2) To a source for which a compliance schedule is adopted by the 
State and approved by the Administrator.
    (3) To a source whose owner or operator submits to the Administrator 
by June 1, 1974, a proposed alternative schedule. No such schedule may 
provide for compliance after May 31, 1977. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (e) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (a) or (b) of this section fails 
to satisfy and requirements of 40 CFR 51.15 (b) and (c).

[38 FR 30970, Nov. 8, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1147, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. Sec. 52.1148-52.1158  [Reserved]



Sec. 52.1159  Enhanced Motor Vehicle Inspection and Maintenance.

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

[65 FR 69257, Nov. 16, 2000]



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

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

[60 FR 4737, Jan. 24, 1995]



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

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

[[Page 146]]

driver plus one or more passengers which is used by a commuter traveling 
alone to work or classes and is not customarily required to be used in 
the course of his employment or studies.
    (8) Base date means the date set forth in paragraph (d) of this 
section as of which the base number of single-passenger commuter 
vehicles at a particular employment facility or educational institution 
must be determined.
    (9) The Secretary means the Secretary of Transportation and 
Construction of the Commonwealth of Massachusetts.
    (b) Commencing with the effective date of this section, each 
employer and educational institution (except as provided below) shall 
diligently and expeditiously implement and thereafter continuously 
maintain the following mandatory measures which are designed to achieve 
a goal of reducing the number of single-passenger commuter vehicles 
customarily commuting daily to each affected facility as of its base 
date by 25 percent (or as adjusted pursuant to paragraph (g) of this 
section):
    (1) Making available to commuters any pass program offered by the 
Massachusetts Bay Transportation Authority, if any commuter to the 
facility uses the mass transit facilities of such Authority as part of 
his daily commuting trip, including making all administrative 
arrangements for commuters to purchase the pass and thereby participate 
in the pass program and encouraging commuters to participate by such 
means as publicizing the availability of the pass program and the cost 
advantages thereof.
    (2)-(8) [Reserved]

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



Sec. 52.1162  Regulation for bicycle use.

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

[[Page 147]]

and policemen, including requiring bicycle safety principles and safe 
street riding skills to be taught in high school automobile driver(s) 
education programs;
    (6) Methods for publicizing bicycles or bicycles plus mass transit 
as alternatives to automobile transportation, including the preparation, 
perhaps in conjunction with bicentennial efforts, of a master Boston 
area transit map, indicating the kind, extent and location of bicycle 
facilities, public baths, showers, toilet facilities, water fountains, 
as well as routes and stops for MBTA, common carriers and private bus 
lines, such map to be distributed by the Registry of Motor Vehicles with 
each automobile new registration and automobile registration renewal;
    (7) Requiring or providing incentives for common carriers and mass 
transit carriers, especially the Blue Line of the MBTA, to provide 
bicycle parking facilities at their respective terminals and stations 
and bicycle carrying facilities on their respective vehicles;
    (8) The creation of roadway zones in which all vehicles, except mass 
transit, emergency and service vehicles, and bicycles, would be 
excluded;
    (9) Requiring or providing incentives for office buildings and 
employers to install and to provide free shower and locker facilities 
for cyclists;
    (10) A bicycle user and potential user survey, which shall at a 
minimum determine:
    (i) For present bicycle riders, the origin, destination, frequency, 
travel time, distance and purpose of bicycle trips;
    (ii) In high density employment areas, the present modes of 
transportation of employees and the potential modes of transportation, 
including the numbers of employees who would use a bicycle for a 
significant portion of their commuting transportation were suitable 
facilities available to them. This section of the study shall seek to 
ascertain the size of the working population that would move from 
automobiles to mass transit and bicycles or bicycles alone as a 
significant form of transportation. It shall also seek to ascertain what 
bicycle facilities or mix thereof would produce the greatest conversion 
from auto use;
    (11) The special problems related to the design and incorporation in 
the bikeway facilities described in paragraph (f) of this section of 
feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA 
and railroad stations, feeder bikeways to fringe parking areas, and 
bicycle passage through rotaries and squares;
    (12) The conversion of railroad beds, power lines, flood control 
channels or similar corridors to bikepaths;
    (13) Removing barriers to employees bringing their bicycles into 
their offices;
    (14) Removal or alteration of drain grates with bars so placed as to 
catch bicycle wheels;
    (15) Bicycle rentals at appropriate locations; and
    (16) The feasibility of constructing bikeways along at least each of 
the corridors set forth in paragraph (g) of this section.

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

[[Page 148]]

    (3) A date for completion of the study, and submittal thereof to the 
Administrator, which date shall be no later than June 30, 1976.
    (e) On or before September 1, 1976, the Administrator shall publish 
in the Federal Register his response to the study required by paragraph 
(c) of this section, and shall, in that response, either approve the 
facility location and designs and other requirements as well as the 
proposed compliance schedule for permanent facilities recommended in the 
study, or shall designate alternative and/or additional facility 
locations and designs and other requirements as well as modify the 
proposed compliance schedule for permanent facilities. The Administrator 
may provide, if he deems it necessary, for a public comment period prior 
to the effective date of his response.
    (f) Permanent bicycle facilities. At the conclusion of the study 
required by paragraph (c) of this section and the Administrator's 
response thereto, the Commonwealth shall, together with the 
municipalities and other authorities having jurisdiction over affected 
roadways and areas establish permanent bicycle facilities as required by 
the Administrator's response to the study.
    (g) The potential bikeway corridors to be studied pursuant to 
paragraph (c)(16) are as follows:
    (1) Central Square, Cambridge to Boston University;
    (2) Harvard Square, Cambridge to Union Square, Allston;
    (3) Union Square, Somerville to Central Square, Cambridge;
    (4) Union Square, Allston to Government Center;
    (5) Harvard Square, Cambridge to Government Center;
    (6) Brookline Village to Government Center;
    (7) Boston University to Longwood Avenue Hospital Zone;
    (8) Egleston Square to Government Center;
    (9) Columbus Park to Boston Common;
    (10) L Street Beach to Government Center;
    (11) Powder House Circle, Somerville to Harvard Square;
    (12) Everett to Government Center;
    (13) Porter Square, Cambridge to Columbus Park, Boston;
    (14) Cleveland Circle to Government Center;
    (15) Porter Square, Cambridge to Government Center;
    (16) Harvard Square, Cambridge to Boston City Hospital; and
    (17) Charlestown, Longfellow, Harvard, Boston University, River 
Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.
    (h) The MBTA shall provide bicycle parking facilities at each major 
MBTA station adequate to meet the needs of MBTA riders within the area 
designated in paragraph (b) of this section. Said parking facilities 
shall at a minimum be located at:
    (1) All stations of the Riverside portion of the Green Line;
    (2) Reasonably spaced stops on other portions of the Green Line;
    (3) All stations of the Red, Orange, and Blue Lines; and shall have 
spaces for at least six bicycles per station, except for facilities at 
terminal stations which shall have spaces for at least 24 bicycles.
    (i) The Commonwealth shall provide for advertisement of bikeways and 
bicycle parking facilities in use within the area designated in 
paragraph (b) of this section to potential users by means of media 
advertisement, the distribution and posting of bikeway maps and bike 
safety information, as well as for a program of bicycle safety education 
including the motor vehicle operators license examination and public 
service advertisement.

[40 FR 25168, June 12, 1975]



Sec. 52.1163  Additional control measures for East Boston.

    (a) On or before December 31, 1975, the Governor, the Mayor of the 
City of Boston, the Chairman of the Massachusetts Bay Transportation 
Authority, the Chairman of the Massachusetts Turnpike Authority and the 
Chairman of the Massachusetts Port Authority (``Massport'') shall each 
submit to the Regional Administrator a study or studies of various 
alternative strategies to minimize the number of vehicle trips to and 
from Logan International Airport (``Logan Airport'') and to reduce the 
amount of carbon monoxide in

[[Page 149]]

the vicinity of the Callahan and Sumner Tunnels to a level consistent 
with the national primary ambient air quality standards. These studies 
may be combined into one or more joint studies. These studies shall 
contain recommendations for control measures to be implemented prior to 
May 31, 1977. Measures to be studied shall include but need not be 
limited to, the following:
    (1) Incentives and programs for reductions in the use of single-
passenger vehicles through the Callahan and Sumner Tunnels;
    (2) Alterations in traffic patterns in the tunnel area;
    (3) Use of exclusive lanes for buses, carpools, taxis and limousines 
during peak travel hours;
    (4) Reduction of parking spaces at Logan Airport and increased 
parking charges at remaining spaces;
    (5) Construction of satellite terminal facilities for Logan Airport;
    (6) Use of alternate modes of transportation for trips to and from 
Logan Airport, and establishment of facilities at Logan Airport to 
accommodate such modes;
    (7) Improved transit service between the Blue Line subway stop and 
airline terminals at Logan Airport; and
    (8) Any other measures which would be likely to contribute to 
achieving the required reductions.
    (b) Massport shall monitor the number of vehicles entering and 
leaving Logan Airport so as to provide the Secretary of Transportation 
for the Commonwealth (the ``Secretary'') with reports on a semi-annual 
basis, beginning on January 30, 1976, showing total vehicle trips per 
day for the six-month period ending on the previous December 31 or June 
30, presented and tabulated in a manner prescribed by the Secretary.
    (c) Massport shall, on or before June 30, 1976, prepare and submit 
to the Secretary draft legislation which, if enacted into law, would 
alleviate local licensing problems of bus and limousine companies in 
order to facilitate increased and improved bus and limousine service for 
travelers using Logan Airport.
    (d) Massport shall negotiate with the Massachusetts Bay 
Transportation Authority to increase the convenience of the mass transit 
services currently available to travelers to Logan Airport.
    (e) Massport shall, on or before June 30, 1976, establish and 
maintain a program (which shall include the enclosure of this 
information in tickets or folders mailed by airlines using Logan 
Airport) to publicize the advantages in costs and convenience of the use 
of mass transit or other available transportation services by travelers 
using the airport, and making known to such persons the schedules, 
routes, connections, and other information necessary for them to 
conveniently use mass transit and such other services.
    (f) Massport shall, on or before October 15, 1975, establish a 
carpool program at Logan Airport, which shall include the elements 
specified in paragraphs (b)(7) (A) through (C) of Sec. 52.1161. For the 
purpose of applying the requirements of Sec. 52.1161 to the present 
paragraph:
    (1) The definitions in Sec. 52.1161 shall apply;
    (2) Each employer with any employment facility at Logan Airport 
shall cooperate with Massport in the development and implementation of 
the program;
    (3) Any such employer (including Massport) may fulfill its 
obligations under paragraph (b)(7) of Sec. 52.1161 by fully cooperating 
with and participating in the Logan Airport carpool program (including 
bearing its proportional share of the program's cost); and
    (g) Massport shall, on or before October 15, 1975, implement a 
program of systematic dissemination to employers and employees at Logan 
Airport of information regarding the Massachusetts Bay Transportation 
Authority pass program, bus and train schedules and rates, park-and-ride 
facilities, and other transportation programs and services available to 
employees at Logan Airport.
    (h) Massport shall, on or before January 1, 1976, implement and 
maintain a program to allow all employees at Logan Airport, regardless 
of the size of the particular employment facility at which they work, to 
participate in any available pass program made available

[[Page 150]]

by the Massachusetts Bay Transportation Authority, including the use of 
Massport as a central clearinghouse for the purpose of aggregating 
employees and for fiscal management of such pass program.

[40 FR 25169, June 12, 1975]



Sec. 52.1164  Localized high concentrations--carbon monoxide.

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

[[Page 151]]

available to the Regional Administrator for inspection and copying.

[40 FR 25170, June 12, 1975]



Sec. 52.1165  Significant deterioration of air quality.

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

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



Sec. 52.1166  [Reserved]



Sec. 52.1167  EPA-approved Massachusetts State regulations.

    The following table identifies the State regulations which have been 
submitted to and approved by EPA as revisions to the Massachusetts State 
Implementation Plan. This table is for informational purposes only and 
does not have any independent regulatory effect. To determine regulatory 
requirements for a specific situation consult the plan identified in 
Sec. 52.1120. To the extent that this table conflicts with Sec. 
52.1120, Sec. 52.1120 governs.

                                Table 52.1167--EPA-Approved Rules and Regulations
                                           [See Notes at end of Table]
----------------------------------------------------------------------------------------------------------------
                                              Date        Date        Federal
   State citation        Title/subject     submitted  approved by    Register    52.1120(c)  Comments/unapproved
                                            by State      EPA        citation                      sections
----------------------------------------------------------------------------------------------------------------
310 CMR 6.04........  Standards..........    7/25/90     10/04/02  67 FR 62187         120   Adopt PM10 as the
                                                                                              criteria pollutant
                                                                                              for particulates.
310 CMR 7.00........  Definitions........    2/14/85      9/25/85  50 FR 38804          64   Motor vehicle fuel.
                                            2/21/86;      8/31/87  52 FR 32792          73   Two new definitions
                                            2/25/86;                                          and one amended
                                             6/23/86                                          definition.
                      Statutory             11/5/86;     11/19/87  52 FR 44395          74   Approving the
                       authority; legend;   12/10/86                                          addition of
                       preamble;                                                              definitions for
                       definitions.                                                           synthetic organic
                                                                                              chemical
                                                                                              manufacturing
                                                                                              facility,
                                                                                              component, in gas
                                                                                              service, light
                                                                                              liquid, in light
                                                                                              liquid service,
                                                                                              leak, leaking
                                                                                              component,
                                                                                              monitor, repair,
                                                                                              unit turnaround,
                                                                                              in VOC service,
                                                                                              quarterly, and
                                                                                              pressure relief
                                                                                              valve.
310 CMR 7.00........  Definitions........    7/18/88       5/4/89  54 FR 19184          78   Includes bulk plant
                                                                                              and terminal,
                                                                                              gasoline market.
310 CMR 7.00........  Definitions........    1/30/91      10/8/92  57 FR 46312          96   Definitions of no-
                                                                                              build alternative,
                                                                                              project area,
                                                                                              project roadway,
                                                                                              and tunnel
                                                                                              ventilation
                                                                                              system.
310 CMR 7.00........  Definitions........  05/17/90,     12/14/92  57 FR 58996          97   Added ``motor
                                            06/07/91                                          vehicle fuel,''
                                                                                              ``motor vehicle
                                                                                              fuel dispensing
                                                                                              facility,''
                                                                                              ``substantial
                                                                                              modification,''
                                                                                              and ``vapor
                                                                                              collection and
                                                                                              control system.''

[[Page 152]]

 
310 CMR 7.00........  Definitions........   8/17/89;      1/11/93  58 FR 3495           93   Approving the
                                              6/7/91                                          following amended
                                                                                              or additional
                                                                                              definitions:
                                                                                              Application area,
                                                                                              asphalt,
                                                                                              automobile, bottom
                                                                                              filling, bulk
                                                                                              terminal, coating
                                                                                              line(s),
                                                                                              commissioner,
                                                                                              condensate,
                                                                                              continuous
                                                                                              compliance, crude
                                                                                              oil, department,
                                                                                              end sealing
                                                                                              compound, exterior
                                                                                              base coat, extreme
                                                                                              environmental
                                                                                              conditions,
                                                                                              flashoff area,
                                                                                              freeboard height,
                                                                                              freeboard ratio,
                                                                                              halogenated
                                                                                              organic compound,
                                                                                              interior base
                                                                                              coat, interior
                                                                                              body spray, knife
                                                                                              coating, lease
                                                                                              custody transfer,
                                                                                              light duty truck,
                                                                                              manufacturing
                                                                                              plant,
                                                                                              miscellaneous
                                                                                              metal parts and
                                                                                              products,
                                                                                              overvarnish, paper
                                                                                              surface coating,
                                                                                              penetrating prime
                                                                                              coat, petroleum
                                                                                              liquids, prime
                                                                                              coat, publication
                                                                                              rotogravure
                                                                                              printing, quench
                                                                                              area, refrigerated
                                                                                              chiller, Reid
                                                                                              vapor pressure,
                                                                                              roll printing,
                                                                                              roll coating,
                                                                                              single coat,
                                                                                              solids, specialty
                                                                                              printing, splash
                                                                                              filling, standard
                                                                                              conditions,
                                                                                              submerged filling,
                                                                                              three piece can
                                                                                              side seam spray,
                                                                                              topcoat, transfer
                                                                                              efficiency, two
                                                                                              piece can exterior
                                                                                              end coating, vinyl
                                                                                              surface coating,
                                                                                              volatile organic
                                                                                              compound, waxy,
                                                                                              heavy pour crude
                                                                                              oil. The
                                                                                              definitions of
                                                                                              ``coating
                                                                                              application
                                                                                              system'' and
                                                                                              ``bulk plants and
                                                                                              terminals'' have
                                                                                              been deleted.
310 CMR 7.00........  Definitions........   8/27/82,      2/23/93  58 FR 10970          84   Approving the
                                            6/22/87,                                          definitions of
                                            12/27/89                                          ``stationary
                                                                                              source'' and
                                                                                              ``building,
                                                                                              structure,
                                                                                              facility, or
                                                                                              installation.''
310 CMR 7.00........  Definitions........     6/7/91      6/30/93  58 FR 34911          58   Definitions: Bulk
                                                                                              plants, vapor
                                                                                              balance systems.
310 CMR 7.00........  Definitions........    12/9/91      10/4/94  59 FR 50498         101   Definitions of
                                                                                              baseline roadway
                                                                                              conditions, high
                                                                                              occupancy vehicle,
                                                                                              high occupancy
                                                                                              vehicle lane, peak
                                                                                              hour, performance
                                                                                              standard, and
                                                                                              roadway threshold
                                                                                              standard.
310 CMR 7.00........  Definitions........   11/15/93       2/1/95  60 FR 6030          103   Approving
                                            05/11/94                                          additional
                                                                                              definitions for.

[[Page 153]]

 
310 CMR 7.00........  Definitions........    7/30/93     10/15/96  61 FR 53632         111   Adding or amending
                                                                                              the following
                                                                                              definitions: motor
                                                                                              vehicle parking
                                                                                              space; off-peak
                                                                                              parking spaces;
                                                                                              remote parking
                                                                                              spaces; and
                                                                                              restricted use
                                                                                              parking.
310 CMR 7.00........  Definitions........    2/17/93     9/3/1999  64 FR 48303      c(117)   ...................
310 CMR 7.00........  Definitions........    7/30/96      4/11/00  65 FR 19326         115   Definition of
                                                                                              ``volatile organic
                                                                                              compound''
                                                                                              revised.
310 CMR 7.00........  Definitions........    1/11/95      4/11/00  65 FR 19326         121   Definitions
                                             3/29/95                                          associated with
                                                                                              marine vessel
                                                                                              rule.
310 CMR 7.00........  Definitions........   07/25/95     12/18/00  65 FR 78976         116   Definitions
                                            08/09/00                                          associated with
                                             9/11/00                                          State II vapor
                                                                                              recovery rule.
310 CMR 7.00          Emission Offsets       7/15/94     10/27/00  65 FR 64363    (c)(127)   Approving 1990 CAAA
 Appendix A.           and Nonattainment   and 4/14/                                          revisions and
                       Review.                    95                                          general NSR permit
                                                                                              requirements
310 CMR 7.00          Emissions Banking,      2/9/94       8/8/96  61 FR 41338         112   Replaces earlier
 Appendix B (except    Trading, and          3/29/95                                          emissions
 310 CMR 7.00          Averaging.                                                             averaging rules
 Appendix                                                                                     with emissions
 B(3)(e)5.h).                                                                                 banking, trading,
                                                                                              and averaging.
310 CMR 7.00 and                            2/14 and      9/25/85  50 FR 38806          64   Motor vehicle fuel
 7.02(12)(c).                                5/22/85                                          tank trucks.
310 CMR 7.00........  Definitions........    7/25/90     10/04/02  67 FR 62187         120   Add a definition of
                                                                                              PM10.
310 CMR 7.00........  Definitions........   12/13/06     07/31/08  73 FR 44654         136   Addition of the
                                                                                              term, ``Boston
                                                                                              Metropolitan
                                                                                              Planning
                                                                                              Organization.''
                                            12/13/06     07/31/08  73 FR 44654         136   Massachusetts
                                                                                              Regulation Filing,
                                                                                              dated November 16,
                                                                                              2006,
                                                                                              substantiating
                                                                                              December 1, 2006,
                                                                                              State effective
                                                                                              date for amended
                                                                                              310 CMR 7.00
                                                                                              entitled
                                                                                              ``Definition,''
                                                                                              (addition of term
                                                                                              ``Boston
                                                                                              Metropolitan
                                                                                              Planning
                                                                                              Organization,''
                                                                                              which appears on
                                                                                              the replaced page
                                                                                              173 of the State's
                                                                                              Code of
                                                                                              Massachusetts
                                                                                              Regulations.).
310 CMR 7.02........  Plans and approval     4/27/72     10/28/72  37 FR 23085           2
                       and emission
                       limitations.
                                             8/28/72     10/28/72  37 FR 23085           4   ...................
                                             5/27/82      1/10/84  49 FR 1187           60   7.02(2)(b)(4) and
                                              9/9/82                                          7.02(2)(5) for new
                                                                                              source review.
                                             12/3/85     11/25/86  51 FR 42564          69   Adds the word
                                             1/31/86                                          ``major'' before
                                             2/11/86                                          the word
                                                                                              ``modification''
                                                                                              at 7.02(2)(b).
310 CMR 7.02........  Plans and approval   .........  ...........  ............  ..........  ...................
                       and emission
                       limitation.
                                            11/21/86      3/10/89  54 FR 10148          72   7.02(2)(b) 4, 5 and
                                             1/15/87                                          6-new source
                                                                                              review.
310 CMR 7.02(11)....  Emission                2/1/78      3/15/79  44 FR 15704          18   Adds an emission
                       limitations for                                                        limitation for
                       incinerators.                                                          sewage sludge
                                                                                              incinerators.

[[Page 154]]

 
310 CMR 7.02(12)....  U Organic Material.    8/17/89      1/11/93  58 FR 3495           93   310 CMR 7.02(12)
                                                                                              has been
                                                                                              recodified and
                                                                                              relocated in 310
                                                                                              CMR 7.24, ``U
                                                                                              Organic Material
                                                                                              Storage and
                                                                                              Distribution.''
                                                                                              All subsections
                                                                                              and references in
                                                                                              310 CMR 7.02(12)
                                                                                              have been
                                                                                              recodified
                                                                                              accordingly.
310CMR 7.02(12).....  U Restricted            6/6/94       4/5/95  60 FR 17229         105   This rule limits a
                       Emission Status.                                                       source's potential
                                                                                              to emit, therefore
                                                                                              avoiding RACT,
                                                                                              title V operating
                                                                                              permits
310 CMR               Organic material,     12/31/78      9/16/80  45 FR 61293          30   ...................
 7.02(12)(a)(b).       bulk plants and       5/16/79
                       terminals handling
                       organic material.
310 CMR               Gasoline liquid        12/2/83       3/8/84  49 FR 8611           56   Approved for
 7.02(12)(a)1e.        storage in                                                             secondary seals or
                       external floating                                                      equivalent weather
                       roof tanks.                                                            roofs.
310 CMR 7.02(12)(b)2  Stage I vapor          5/20/77      5/25/78  43 FR 22356          15   Provisions for
                       recovery.                                                              Pioneer APCD Stage
                                                                                              I vapor recovery.
                                            12/31/78      9/16/80  45 FR 61293          30   ...................
                                             5/16/79
                                             3/25/83       7/7/83  48 FR 31200          55   Exempt Berkshire
                                                                                              APCD.
310 CMR 7.02(12)(b)3  Stage I vapor         11/21/86      3/10/89  54 FR 10148          72   7.02(12)(b)3 is
                       recovery.             1/15/87                                          deleted.
310 CMR 7.02(12) (c)  Gasoline Tank          2/14/85      9/25/85  50 FR 38804          64   Tank trucks.
 and (d).              Trucks.               5/22/85
310 CMR 7.02(12)(d).  Test Methods          11/21/86      3/10/89  54 FR 10148          72   Requires EPA
                       applicable to 310     1/15/87                                          approved test
                       CMR 7.02(12).                                                          methods or EPA
                                                                                              approved
                                                                                              alternatives.
310 CMR 7.02(12)(e).  Gasoline Volatility    7/18/88       5/4/89  54 FR 19184          78   Approves a
                                             9/15/88                                          limitation on
                                             4/12/89                                          volatility of
                                                                                              gasoline from June
                                                                                              30 for Sept. 15,
                                                                                              1989, and May 1 to
                                                                                              Sept. 15 in
                                                                                              subsequent years.
310 CMR 7.03(13)....  Paint spray booths.    2/17/93     9/3/1999  64 FR 48303      c(117)   Adds the following
                                                                                              coating
                                                                                              operations:
                                                                                              plastic parts
                                                                                              surface coating,
                                                                                              leather surface
                                                                                              coating, wood
                                                                                              product surface
                                                                                              coating, and flat
                                                                                              wood paneling
                                                                                              surface coating.
310 CMR 7.04(5).....  Fuel oil viscosity.   12/28/78      6/17/80  45 FR 40987          29   For Cambridge
                                                                                              Electric Light
                                                                                              Company's Kendal
                                                                                              Station, and
                                                                                              Blackstone
                                                                                              Station.
                                            12/28/78     10/18/80  45 FR 48131          29   Correction notice.
310 CMR 7.05........  Sulfur-in-fuel.....    8/28/72     10/28/72  37 FR 23058           4   ...................
                                              7/5/78       2/7/79  44 FR 7712           17   Approves the
                                                                                              burning of coal/
                                                                                              oil slurry at New
                                                                                              England Power
                                                                                              Company, Salem
                                                                                              Harbor Station,
                                                                                              MA.
310 CMR 7.05(1)(a)..  Sulfur content of      4/14/77      3/24/78  43 FR 12324          13   Approves the
                       fuels and control                                                      burning of 1% for
                       thereof for                                                            all but: Crane and
                       Berkshire APCD.                                                        Company Inc., and
                                                                                              Schweitzer
                                                                                              Division, Kimberly
                                                                                              Clark Corporation,
                                                                                              Columbia Mill.
                                             4/14/77       3/7/79  44 FR 12422          13   Approves the
                                             8/11/78                                          burning of 2.2% at
                                             8/31/78                                          Crane & Co., Inc.,
                                                                                              and Schweitzer
                                                                                              Division, Kimberly-
                                                                                              Clark Corp.,
                                                                                              Columbia Mill.

[[Page 155]]

 
                                             11/8/82      4/28/83  48 FR 19172          54   Approves burning of
                                                                                              2.2% at Esleek
                                                                                              Manufacturing
                                                                                              Company, Inc.,
                                                                                              provided the fuel
                                                                                              firing rate does
                                                                                              not exceed 137.5
                                                                                              gallons per hour.
310 CMR 7.05(1)(b)..  Sulfur content of      6/25/76      2/15/77  42 FR 9176           10   Approves the
                       fuels and control                                                      burning of 2.2%
                       thereof for                                                            until 7/1/78 for
                       Central APCD.                                                          100 mBtu sources
                                                                                              listed in 52.1126.
                                             3/29/76      5/19/77  42 FR 25730          11   Approves burning of
                                             5/25/76                                          2.2% at James
                                                                                              River Associates,
                                                                                              Inc. and part of
                                                                                              Fitchburg Paper
                                                                                              Company, April
                                                                                              through October.
                                                                                              November through
                                                                                              March, they are
                                                                                              limited to burning
                                                                                              1% sulfur-in-fuel
                                                                                              oil.
                                             6/25/76      6/21/78  43 FR 26573          10   Extends expiration
                                             8/22/77                                          date to 6/21/78.
                                              3/2/79      7/16/79  44 FR 41180          24   Permanent extension
                                                                                              for certain
                                                                                              sources to burn
                                                                                              2.2% under
                                                                                              specified
                                                                                              conditions.
                      Sulfur content of      9/28/79      6/17/80  45 FR 40987          24   Approves the
                       fuels and control                                                      burning of 2.2% at
                       thereof for                                                            Fitchburg Paper
                       central APCD.                                                          (55 Meter stacks
                                                                                              only) for James
                                                                                              River,
                                                                                              Massachusetts,
                                                                                              Inc., year round.
                                             3/20/80      9/10/80  45 FR 59578          31   Approves the
                                                                                              temporary burning
                                                                                              of 2.2% at Seaman
                                                                                              Paper Co.,
                                                                                              Templeton.
                                              3/2/79      9/17/81  46 FR 46133          33   Approves the
                                              5/5/81                                          burning of 2.2% at
                                                                                              Millers Falls
                                                                                              Paper Co.
310 CMR 7.05(1)(c)..  Sulfur content of       6/4/76     12/30/76  41 FR 56804           8   Approves the
                       fuels and control                                                      burning of 2.2%
                       thereof for                                                            except at those
                       Merrimack Valley.                                                      sources listed in
                                                                                              52.1126.
                                             1/28/76      7/12/77  42 FR 35830           8   Approves burning of
                                            12/30/76                                          1.4% at Haverhill
                                                                                              Paperboard Corp.,
                                                                                              Haverhill, MA.
                                             1/28/76  ...........  ............  ..........
                                             8/22/77      6/21/78  43 FR 26573           8   Extends expiration
                                            12/30/76                                          date to 7/1/79.
                                            12/28/78      5/21/79  44 FR 29453          20   Permanent extension
                                                                                              to burn 2.2%.
310 CMR 7.05(1)(d)..  Sulfur content of      7/11/75      12/5/75  40 FR 56889           6   Approves burning of
                       fuels and control     9/16/75                                          1% for large
                       thereof for                                                            electric
                       Metropolitan                                                           generating
                       Boston APCD.                                                           facilities in
                                                                                              certain cities and
                                                                                              towns and 2.2% for
                                                                                              smaller
                                                                                              facilities.
                                                                                              Effective 7/1/75
                                                                                              to 7/1/77.
                                             7/11/75      8/22/77  42 FR 42218           6   Extends expiration
                                              4/1/77                                          date from 7/1/77
                                                                                              to 7/1/78 except
                                                                                              for Eastman
                                                                                              Gelatin Corp.,
                                                                                              which must burn
                                                                                              1%.
                                             4/20/78     11/30/78  43 FR 56040           6   Extends expiration
                                                                                              date from 7/1/78
                                                                                              to 7/1/79.
                      Sulfur content of     12/28/78      5/21/79  44 FR 29453          20   Permanent extension
                       fuels and control                                                      to burn 2.2%.
                       thereof for
                       Metropolitan
                       Boston APCD.

[[Page 156]]

 
                                             4/25/80      1/27/81  46 FR 8476           34   Approves the
                                                                                              burning of 2.2% at
                                                                                              Natick Paperboard
                                                                                              Corp.
                                            11/25/80      8/11/81  46 FR 40688          38   Approves the
                                                                                              increase to 2.2%
                                                                                              at Boston Edison
                                                                                              Mystic Generating
                                                                                              Station for 30
                                                                                              months from 8/11/
                                                                                              81 (expires 2/11/
                                                                                              84).
                                             7/14/81     12/16/81  46 FR 61123          41   Approves burning of
                                                                                              2.2% at Haverhill
                                                                                              Paper Corp.
                                            11/27/79     12/15/80  45 FR 82251          32   Allows the burning
                                                                                              of 2.2% at Proctor
                                                                                              and Gamble.
                                             9/24/81     12/15/81  46 FR 61118          43   Approves burning of
                                                                                              2.2% at Eastman
                                                                                              Gelatin Corp.
                                             12/7/83      9/25/84  49 FR 37592          65   Approves burning of
                                                                                              2.2% at Boston
                                                                                              Edison Mystic
                                                                                              Generating Station
                                                                                              until 3/25/87.
310 CMR 7.05(1)(e)..  Sulfur content of      7/22/77       2/1/77  42 FR 5957            9   Approves 2.2%
                       fuels and control                                                      except for sources
                       thereof for                                                            listed in 52.1125.
                       Pioneer Valley
                       APCDs.
                                             7/22/76  ...........  ............  ..........  ...................
                                             8/22/77      6/21/78  43 FR 26573           9   Extends expiration
                                            12/27/77                                          date to 7/1/79.
                                              1/3/79      5/21/79  44 FR 29453          21   Permanent extension
                                                                                              to burn 2.2%
                                              3/2/80      1/19/81  45 FR 4918           33   Approves the
                                                                                              burning of 2.2% at
                                                                                              all sources in
                                                                                              Franklin and
                                                                                              Hampshire Counties
                                                                                              rated at less than
                                                                                              100 mBtu except
                                                                                              Esleek
                                                                                              Manufacturing Co.,
                                                                                              and Millers Falls
                                                                                              Paper Co.
                                            10/13/81      2/10/82  47 FR 6011           45   Approves the
                                                                                              burning of 2.2% at
                                                                                              Holyoke Gas and
                                                                                              Electric
                                                                                              Department,
                                                                                              Holyoke, MA.
                                             7/18/84      2/15/90  55 FR 5449           77   Approves the
                                             4/17/85                                          burning of 2.2%
                                             3/16/87                                          and imposes fuel
                                            11/25/87                                          use limits at
                                                                                              American Fiber and
                                                                                              Finishing Co.,
                                                                                              Erving Paper Co.,
                                                                                              and Westfield
                                                                                              River Paper Co.
310 CMR 7.05(1)(f)..  Sulfur content of     12/30/76       9/2/77  42 FR 44235          12   Approves burning of
                       fuels and control                                                      2.2% for sources
                       thereof for                                                            listed in 52.1126,
                       Southeastern APCD.                                                     all others must
                                                                                              continue to burn
                                                                                              1%.
                                            12/30/76       9/8/78  43 FR 40010          12   Extends expiration
                                             1/31/78                                          date from 5/1/78
                                                                                              to 7/1/79.
                                             1/31/79      5/21/79  44 FR 29453          22   Permanent extension
                                                                                              to burn 2.2%.
310 CMR 7.05(4).....  Ash content of          1/3/79      5/21/79  44 FR 29453          21   ...................
                       fuels for Pioneer
                       Valley for APCD.
                      Ash content of         7/20/79      5/21/79  44 FR 29453          23   ...................
                       fuels for
                       Metropolitan
                       Boston APCD.

[[Page 157]]

 
                      Ash content of         12/3/85     11/25/86  51 FR 42564          69   Includes Berkshire
                       fuels.                1/31/86                                          Air Pollution
                                             2/11/86                                          Control District
                                                                                              to 7.05(4)(b)(2)
                                                                                              so facilities in
                                                                                              that district can
                                                                                              apply to burn
                                                                                              fossil fuel with
                                                                                              an ash content in
                                                                                              excess of 9 pct
                                                                                              bydry weight.
310 CMR 7.06........  Visible emissions..    8/28/72     10/28/72  37 FR 23085           4   ...................
                                              7/5/78       2/7/79  44 FR 7712           17   Approves New
                                                                                              England Power
                                                                                              Company, Salem
                                                                                              Harbor Station to
                                                                                              burn a coal oil
                                                                                              slurry.
                                            12/28/79      8/12/80  45 FR 53476          17   Extension of
                                                                                              temporary revision
                                                                                              to allow
                                                                                              exceedance of 20%
                                                                                              capacity limit at
                                                                                              New England Power
                                                                                              Company's Salem
                                                                                              Harbor Station,
                                                                                              Salem, MA Unit 1
                                                                                              so can burn 30%
                                                                                              coal/70% oil
                                                                                              mixture until 12/
                                                                                              31/80.
310 CMR 7.07........  Open burning.......    12/9/77      9/29/78  43 FR 44841          16   Two revisions with
                                                                                              conditions to
                                                                                              permit open
                                                                                              burning of brush
                                                                                              cane, driftwood
                                                                                              and forest debris
                                                                                              for 2 months of
                                                                                              the year.
                      Open burning.......    9/28/79      6/17/80  45 FR 40987          27   Approves open
                                                                                              burning (as in (c)
                                                                                              16) from 1/15 to 5/
                                                                                              1 in certain areas
                                                                                              of the State.
310 CMR 7.08........  Incinerators.......    8/28/72     10/28/72  37 FR 23085           4   ...................
310 CMR 7.08(2),      MWC NOX                1/11/99       9/2/99  64 FR 48098         119   Only approved NOX
 except sections:      requirements.                                                          related
 (a); the definition                                                                          requirements of
 of ``Material                                                                                state plan for
 Separation Plan''                                                                            MWCs. The
 in (c); (d)1; (d)2;                                                                          following sections
 (d)3; (d)4; (d)5;                                                                            were not submitted
 (d)6; (d)8; (f)1;                                                                            as part of the
 (f)2; (f)5; (f)6;                                                                            SIP: (a), the
 (f)7; (g)1; (g)2;                                                                            definition of
 (g)3; (g)4; (h)2.a;                                                                          ``Material
 (h)2.b; (h)2.d;                                                                              Separation Plan''
 (h)2.e; (h)2.g;                                                                              in (c), (d)1,
 (h)2.h; (h)4;                                                                                (d)2, (d)3, (d)4,
 (h)5.a; (h)5.c;                                                                              (d)5, (d)6, (d)8,
 (h)5.d; (h)9;                                                                                (f)1, (f)2, (f)5,
 (h)10; (h)13;                                                                                (f)6, (f)7, (g)1,
 (i)1.b; (i)1.g;                                                                              (g)2, (g)3, (g)4,
 (i)2.c; (i)2.d;                                                                              (h)2.a, (h)2.b,
 (i)2.e; and (k)3..                                                                           (h)2.d, (h)2.e,
                                                                                              (h)2.g, (h)2.h,
                                                                                              (h)4, (h)5.a,
                                                                                              (h)5.c, (h)5.d,
                                                                                              (h)9, (h)10,
                                                                                              (h)13, (i)1.b,
                                                                                              (i)1.g, (i)2.c,
                                                                                              (i)2.d, (i)2.e,
                                                                                              and (k)3.
310 CMR 7.09........  Dust and odor......    8/28/72     10/28/72  37 FR 23085           4   ...................
                                             12/9/77      9/29/78  43 FR 44841          16   Adds a requirement
                                                                                              that mechanized
                                                                                              street sweeping
                                                                                              equipment must be
                                                                                              equipped and
                                                                                              operated with a
                                                                                              suitable dust
                                                                                              collector or
                                                                                              suppression
                                                                                              system.

[[Page 158]]

 
310 CMR 7.12........  Inspection            6/28/90;      3/21/96  61 FR 11560         106   The 6/28/90 and 9/
                       Certificate Record   9/30/92;                                          30/92 submittals
                       Keeping and           7/15/94                                          deal with the
                       Reporting.                                                             permitting
                                                                                              process. The 7/15/
                                                                                              94 submittal
                                                                                              develops 7.12 to
                                                                                              comply with
                                                                                              emission statement
                                                                                              requirements.
310 CMR 7.14(2).....  Continuous            11/21/86      3/10/89  54 FR 10148          72   References 40 CFR
                       Emissions             1/15/85                                          part 51, Appendix
                       Monitoring.                                                            P.
310 CMR 7.14(3).....  Continuous            11/21/86      3/10/89  54 FR 10148          72   Establishes
                       Emissions             1/15/87                                          compliance date
                       Monitoring.                                                            for meeting the
                                                                                              requirements of
                                                                                              7.14(2).
310 CMR 7.15........  Asbestos               8/28/72     10/28/72  37 FR 23085           4   ...................
                       application.
310 CMR 7.16........  Reduction to single    5/20/77      5/25/78  43 FR 22356          15   For Pioneer Valley
                       passenger commuter                                                     APCD.
                       vehicle use.
                                            12/31/78      9/16/80  45 FR 61293   ..........  Reduction of single
                                             5/16/79                                          occupant commuter
                                                                                              vehicles.
310 CMR 7.17........  Coal conversion....     9/7/78      5/14/79  44 FR 27991          19   Brayton Point
                                                                                              Station, New
                                                                                              England Power
                                                                                              Company.
                                             1/22/82       6/9/82  47 FR 25007          49   Mount Tom Plant,
                                                                                              Holyoke, MA
                                                                                              Holyoke Water
                                                                                              Power Company.
310 CMR 7.18(1).....  U Applicability and    8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Handling                                                               CMR 7.18(1), (a),
                       Requirements.                                                          (c), (d) and (e).
310 CMR 7.18(2).....  U Compliance with     8/27/82;      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Emission             8/17/89;                                          7.18(2), (2)(a),
                       Limitations.           6/7/91                                          (2)(b), (2)(c) and
                                                                                              (2)(e).
310 CMR 7.18(2).....  Compliance with        2/17/93     9/3/1999  64 FR 48304      c(117)   Adds an exemption
                       emission                                                               for coatings used
                       limitations.                                                           in small amounts,
                                                                                              and a section on
                                                                                              daily weighted
                                                                                              averaging.
310 CMR 7.18(2)(b)..  Generic VOC bubble      3/6/81      3/29/82  47 FR 13143          42   Includes surface
                       for surface          11/12/81                                          coating of metal
                       coaters.                                                               cans, large
                                                                                              appliances, magnet
                                                                                              wire insulation,
                                                                                              automobiles, paper
                                                                                              fabric and vinyl.
                      Generic VOC bubble     6/24/80      7/12/82  47 FR 30060          47   Adds metal coils.
                       for surface
                       coaters.
                      Generic VOC bubble     3/29/95       8/8/96  61 FR 41338         112   Replaces earlier
                       for surface                                                            emissions
                       coaters.                                                               averaging rules
                                                                                              for surface
                                                                                              coaters.
                                             7/21/81       6/2/82  47 FR 23927          48   Adds miscellaneous
                                             3/10/81                                          metal parts and
                                                                                              products and
                                                                                              graphic arts-
                                                                                              rotogravure and
                                                                                              flexography.
                                              9/9/82       2/3/83  48 FR 5014           53   Adds metal
                                                                                              furniture.
310 CMR 7.18 (2)(e).  Compliance with      .........       3/6/89  54 FR 9213    ..........  Testing
                       emission                                                               requirements for
                       limitations.                                                           plan approvals
                                                                                              issued under 310
                                                                                              CMR 7.18(17).
310 CMR 7.18(3).....  Metal furniture       12/31/78      9/16/80  45 FR 61293          30   ...................
                       surface coating.      5/16/79
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(3).....  U Metal Furniture     8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Surface Coating.       6/7/91                                          CMR 7.18(3).
310 CMR 7.18(4).....  Metal can surface     12/31/78      9/16/80  45 FR 61293          30
                       coating.              5/16/79
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(4).....  U Metal Can Surface   8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(4).
310 CMR 7.18(5).....  Large appliances      12/31/78      9/16/80  45 FR 61293          30   ...................
                       surface coating.      5/16/79
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(5).....  U Large Appliance     8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Surface Coating.       6/7/91                                          CMR 7.18(5).

[[Page 159]]

 
310 CMR 7.18(6).....  Magnet wire           12/31/78      9/16/80  45 FR 61293          30   ...................
                       insulation surface    5/16/79
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(6).....  U Magnet Wire         8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Insulation Surface     6/7/91                                          CMR 7.18(6).
                       Coating.
310 CMR 7.18(7).....  Automobile surface    12/31/78      9/16/80  45 FR 61293          30   ...................
                       coating.              5/16/79
                                              9/9/82      11/9/83  45 FR 51480          53   Adds test methods.
310 CMR 7.18(7).....  Automobile Surface    8/17/89,      10/8/92  57 FR 46316          92
                       Coating.               6/7/91
310 CMR 7.18(7).....  Automobile surface     2/17/93     9/3/1999  64 FR 48304      c(117)   Revises a limit for
                       coating.                                                               primer surface
                                                                                              coating.
310 CMR 7.18(8).....  Solvent metal         12/31/78      9/16/80  45 FR 61293          30   Conditional
                       degreasing.           5/16/79                                          approval requiring
                                                                                              controls for small
                                                                                              solvent metal
                                                                                              degreasers.
                                             8/13/83      11/9/83  48 FR 51480          53   Approves public
                                                                                              education program
                                                                                              for small
                                                                                              degreasers and
                                                                                              removes
                                                                                              conditional
                                                                                              approval.
310 CMR 7.18(8).....  Solvent Metal          2/17/93     9/3/1999  64 FR 48304      c(117)   Adds a
                       Degreasing.                                                            typographical
                                                                                              correction.
310 CMR 7.18(8).....  U Solvent Metal        8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Degreasing.                                                            7.18(8), (8)(d),
                                                                                              (8)(d)1., (8)(e),
                                                                                              (8)(f) and (8)(g).
310 CMR 7.18(8).....  U Solvent Metal         6/7/91      6/30/93  58 FR 34911          58   Approval of 310 CMR
                       Degreasing.                                                            7.18 (8), (8)(a),
                                                                                              (8)(a)1.,
                                                                                              (8)(a)2.,
                                                                                              (8)(a)3.,
                                                                                              (8)(a)4.,
                                                                                              (8)(a)5.,
                                                                                              (8)(a)6., (8)(b),
                                                                                              (8)(b)1.,
                                                                                              (8)(b)2.,
                                                                                              (8)(b)3.,
                                                                                              (8)(b)4.,
                                                                                              (8)(b)5.,
                                                                                              (8)(b)6.,
                                                                                              (8)(b)7.,
                                                                                              (8)(b)8.,
                                                                                              (8)(b)9.,
                                                                                              (8)(b)10.,
                                                                                              (8)(b)11.,
                                                                                              (8)(b)12.,
                                                                                              (8)(b)13., (8)(c),
                                                                                              (8)(c)1.,
                                                                                              (8)(c)2.,
                                                                                              (8)(c)3.,
                                                                                              (8)(c)4.,
                                                                                              (8)(c)5.,
                                                                                              (8)(c)6.,
                                                                                              (8)(c)7.,
                                                                                              (8)(c)8.,
                                                                                              (8)(c)9.,
                                                                                              (8)(d)2., (8)(d)3.
310 CMR 7.18(9).....  Cutback asphalt....   12/31/78      9/16/80  45 FR 61293          30   ...................
                                             5/16/79
                                              9/9/82      11/9/83  48 FR 51480          53   Adds an exemption.
310 CMR 7.18(9).....  U Cutback Asphalt..    8/17/89      1/11/93  58 FR 3495           93   Replacement of 310
                                                                                              CMR 7.18(9).
310 CMR 7.18(10)....  Surface coating of     6/24/80      7/12/82  47 FR 30060          47   Approves and adds
                       metal coils.                                                           to 310 CMR
                                                                                              7.18(2)(b).
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods
                                                                                              and removes
                                                                                              extended
                                                                                              compliance
                                                                                              schedule.
310 CMR 7.18(10)....  U Metal Coil          8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(10).
310 CMR 7.18(11)....  Surface coating of     7/21/81       6/2/82  47 FR 23927          48   Adds to 310 CMR
                       miscellaneous         3/10/82                                          7.18(2)(b).
                       metal parts and
                       products.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(11)....  Surface coating of     2/17/93     9/3/1999  64 FR 48304      c(117)   Revises a
                       miscellaneous                                                          reference.
                       metal parts and
                       products.
310 CMR 7.18(11)....  U Surface Coating      8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       of Miscellaneous                                                       7.18(11), (11)(b),
                       Metal Parts and                                                        (11)(c), (11)(d)
                       Products.                                                              and (11)(e).

[[Page 160]]

 
310 CMR 7.18(11)....  U Surface Coating       6/7/91      6/30/93  58 FR 34911          58   Approval of 310 CMR
                       of Miscellaneous                                                       7.18 (11),
                       Metal Parts and                                                        (11)(a),
                       Products.                                                              (11)(a)1.,
                                                                                              (11)(a)2.,
                                                                                              (11)(a)3.
310 CMR 7.18(12)....  Graphic arts.......    2/17/93     9/3/1999  64 FR 48304      c(117)   Amends
                                                                                              applicability to
                                                                                              50 tons per year
                                                                                              VOC.
310 CMR 7.18(12)....  Graphic arts-          7/21/81       6/2/82  47 FR 23927          48   Adds to 310 CMR
                       rotogravure and       3/10/82                                          7.18(2)(b).
                       flexography.
                                              9/9/82      11/9/83  48 FR 51480          53   ...................
310 CMR 7.18(12)....  U Graphic Arts.....   8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                                              6/7/91                                          CMR 7.18(12).
310 CMR 7.18(13)....  Perchloroethylene      7/21/81       6/2/82  47 FR 23927          48   ...................
                       dry cleaning          3/10/82
                       systems.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(13)....  U Dry Cleaning         8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Systems-Percholor-                                                     7.18(13), (13)(c),
                       ethylene.                                                              (13)(d) and
                                                                                              (13)(e). 310 CMR
                                                                                              7.18(13)(a) 8. has
                                                                                              been deleted.
310 CMR 7.18(14)....  Paper surface           3/6/81       3/8/82  47 FR 9836           40   ...................
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(14)....  U Paper Surface       8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(14).
310 CMR 7.18(15)....  Fabric surface          3/6/81       3/8/82  47 FR 9836           40   ...................
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(15)....  U Fabric Surface      8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(15).
310 CMR 7.18(16)....  Vinyl surface           3/6/81       3/8/82  47 FR 9836           40   ...................
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(16)....  U Vinyl Surface       8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(16).
310 CMR 7.18(17)....  RACT...............     9/9/82      11/9/83  48 FR 51480          53   All 100 ton per
                                                                                              year sources not
                                                                                              covered by a CTG.
                      RACT...............  .........       3/6/89  54 FR 9213    ..........  Enforceability of
                                                                                              plan approvals
                                                                                              issued under 310
                                                                                              CMR 7.18(17).
                                             6/20/89      11/3/89  54 FR 46388          81   RACT for Cranston
                                                                                              Print Works
                                                                                              Company dated June
                                                                                              20, 1989.
                                             7/12/89      11/8/89  54 FR 46895          80   RACT for Spalding
                                                                                              Corporation Plan
                                                                                              Approval dated
                                                                                              October 7, 1985
                                                                                              and amended Plan
                                                                                              Approval dated
                                                                                              July 12, 1989.
                                              8/8/89      11/8/89  54 FR 46897          82   RACT for Duro
                                                                                              Textile Printers
                                                                                              (SM-85-168-IF).
                                             6/20/89      2/21/90  55 FR 5990           79   RACT Compliance
                                                                                              Plan Conditional
                                                                                              Approval for
                                                                                              Monsanto Chemical
                                                                                              Company in Indian
                                                                                              Orchard dated 6/20/
                                                                                              89.
                                            11/17/89       8/3/90  55 FR 31590          85   RACT for Boston
                                                                                              Whaler in Norwell.
                                                                                              Amended Plan
                                                                                              Approval 4P89005
                                                                                              dated October 19,
                                                                                              1989 and Plan
                                                                                              Approval 4P89005
                                                                                              Correction dated
                                                                                              Nov. 17, 1989.

[[Page 161]]

 
                                            11/17/89       8/3/90  55 FR 31593          86   RACT for Boston
                                                                                              Whaler in
                                                                                              Rockland. Amended
                                                                                              Plan Approval
                                                                                              (4P89006) dated
                                                                                              October 19, 1989
                                                                                              and Plan Approval
                                                                                              4P89006 Correction
                                                                                              dated November 17,
                                                                                              1989.
                      Non-CTG RACT           11/2/89     11/27/90  55 FR 34915          87   RACT for Philips
                       determination.                                                         Lighting Company
                                                                                              in Lynn, MA, dated
                                                                                              November 2, 1989.
                      RACT...............     7/9/90      2/19/91  56 FR 6569           89   RACT for General
                                                                                              Motors Corporation
                                                                                              in Framingham.
                                                                                              Amended Plan
                                                                                              Approval dated
                                                                                              June 8, 1990.
                      RACT...............    6/13/90      2/27/91  56 FR 8132           88   RACT for Acushnet
                                                                                              Company, Titleist
                                                                                              Golf Division,
                                                                                              Plant A in New
                                                                                              Bedford. Amended
                                                                                              Plan Approval
                                                                                              dated June 1,
                                                                                              1990.
                      RACT...............   10/16/90      3/20/91  56 FR 11677          90   RACT for Erving
                                                                                              Paper Mills.
                      RACT...............    4/22/90      10/8/91  56 FR 50660          91   RACT amendment for
                                                                                              Erving.
310 CMR 7.18(17)....  RACT...............    5/13/91     12/14/92  57 FR 58993          95   RACT for Dartmouth
                                                                                              Finishing
                                                                                              Corporation.
310 CMR 7.18(17)....  U Reasonable          8/17/89;      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Available Control      6/7/91                                          7.18(17), (17)(a),
                       Technology.                                                            (17)(b), (17)(c),
                                                                                              (17)(d), (17)(e)
                                                                                              and (17)(f).
310 CMR 7.18(17)....  RACT...............    5/22/92      7/28/94  59 FR 38374        (99)   RACT Approval for
                                                                                              S. Bent & Bros.
310 CMR 7.18(17)....  RACT...............    7/19/93       1/6/95  60 FR 2017          100   RACT Approval for
                                                1993                                          Nichols & Stone
                                                                                              Co.
310 CMR 7.18(17)....  Reasonably             3/31/94       3/6/95  60 FR 12125         104   RACT for Brittany
                       Available Control                                                      Dyeing and
                       Technology.                                                            Finishing of New
                                                                                              Bedford, MA.
310 CMR 7.18(17)....  Reasonable             2/17/93     9/3/1999  64 FR 48304      c(117)   Adds new VOC RACT
                       available control                                                      requirements in
                       technology.                                                            the Springfield,
                                                                                              Mass. ozone
                                                                                              nonattainment area
                                                                                              only.
310 CMR 7.18(17)....  Reasonable             2/17/93      10/4/02  67 FR 62183         129   Approves VOC RACT
                       Available Control                                                      requirements for
                       Technology.                                                            the eastern
                                                                                              Massachusetts
                                                                                              ozone
                                                                                              nonattainment
                                                                                              area. (These
                                                                                              requirements were
                                                                                              previously
                                                                                              approved for the
                                                                                              western
                                                                                              Massachusetts
                                                                                              ozone
                                                                                              nonattainment
                                                                                              area.)
310 CMR 7.18(17)....  Reasonable             10/7/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for
                       Technology.                                                            Gilette.
310 CMR 7.18(17)....  Reasonable             10/7/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for
                       Technology.                                                            Norton.
310 CMR 7.18(17)....  Reasonable             4/16/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for Rex.
                       Technology.
310 CMR 7.18(17)....  Reasonable             4/16/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      Available for
                       Technology.                                                            Barnet.

[[Page 162]]

 
310 CMR 7.18(18)....  Polystyrene Resin     2/21/86;      8/31/87  52 FR 32792          73   Regulation pursuant
                       Manufacture.         2/25/86;                                          to Group III CTG,
                                             6/23/86                                          ``Control of VOC
                                                                                              Emissions from the
                                                                                              Manufacture of
                                                                                              Polystyrene
                                                                                              Resins''.
310 CMR 7.18(18)....  U Polystyrene Resin   8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Manufacturing          6/7/91                                          CMR 7.18(18).
                       Technology.
310 CMR 7.18(19)....  Synthetic organic     11/5/86;     11/19/87  52 FR 44395          74
                       chemical             12/10/86
                       manufacture.
310 CMR 7.18(20)....  Emission Control       2/17/93     9/3/1999  64 FR 48304      c(117)   Adds new VOC RACT
                       Plans for                                                              requirements.
                       implementa-tion of
                       reasonably
                       available control
                       technology.
310 CMR 7.18(21)....  Surface coating of     2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       plastic parts.                                                         plastic parts
                                                                                              surface coating.
310 CMR 7.18(22)....  Leather surface        2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       coating.                                                               leather surface
                                                                                              coating.
310 CMR 7.18(23)....  Wood products          2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       surface coating.                                                       wood product
                                                                                              surface coating.
310 CMR 7.18(24)....  Flat wood paneling     2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       surface coating.                                                       flat wood paneling
                                                                                              surface coating.
310 CMR 7.18(25)....  Offset lithographic    2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       printing.                                                              offset
                                                                                              lithographic
                                                                                              printing.
310 CMR 7.18(26)....  Textile finishing      2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                                                                                              textile finishing.
310 CMR 7.18(27)....  Coating mixing         2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       tanks.                                                                 coating mixing
                                                                                              tanks.
310 CMR 7.18(28)....  Automotive            01/09/95      2/14/96  61 FR 5699          109   Reasonably
                       Refinishing.                                                           Available Control
                                                                                              Technology
                                                                                              Requirement (RACT)
                                                                                              for automotive
                                                                                              refinishing.
310 CMR 7.18(29)....  Bakeries...........   03/29/95       7/5/00  65 FR 41346         110   Reasonably
                                                                                              Available Control
                                                                                              Technology
                                                                                              Requirement (RACT)
                                                                                              for bakeries.
310 CMR 7.19........  Interim sulfur-in-     9/12/80      3/19/81  46 FR 17551          37   Energy/environment
                       fuel limitations                                                       initiative.
                       for fossil fuel
                       utilization
                       facilities pending
                       conversion to an
                       alternate fuel or
                       implementation of
                       permanent energy
                       conservation
                       measures.
                                            12/29/81      4/13/82  47 FR 15790          46   ATF Davidson
                                                                                              Company,
                                                                                              Northbridge, MA
                                                                                              temporary sulfur-
                                                                                              in-fuel revision
                                                                                              until 12/1/83.
                                             9/28/82      12/1/82  47 FR 54072          52   Polaroid Corp.,
                                                                                              Waltham, MA
                                                                                              temporary sulfur/
                                                                                              in/fuel relaxation
                                                                                              until 6/1/85.
                                           .........       6/2/83  48 FR 24689          52   Correction notice.
                                             9/29/82     11/23/82  47 FR 52704          51   Northeast Petroleum
                                                                                              Corp., Chelsea, MA
                                                                                              sulfur content
                                                                                              increase from 0.28
                                                                                              to 0.55 lbs/mBtu
                                                                                              heat release
                                                                                              potential
                                                                                              permanently.
                                              4/4/83      3/23/84  49 FR 11092          59   Stanley Woolen Co.,
                                                                                              Uxbridge, to burn
                                                                                              2.2% until 9/23/
                                                                                              86.

[[Page 163]]

 
                                            10/31/83      3/23/84  49 FR 11091          61   Reed and Barton
                                                                                              Silversmiths,
                                                                                              Taunton, to burn
                                                                                              2.2% until 9/23/
                                                                                              86.
                                            11/16/83      7/30/84  49 FR 30306          62   ATF Davidson
                                                                                              Company,
                                                                                              Northbridge, to
                                                                                              burn 2.2%
                                                                                              permanently.
                                              2/2/84      6/15/84  49 FR 24723          63   American Biltrite
                                                                                              Corporation,
                                                                                              Chelsea, to burn
                                                                                              1.0% until 12/15/
                                                                                              86.
                                             7/11/84      9/25/84  49 FR 37591          67   James River
                                                                                              Corporation, Hyde
                                                                                              Park Mill, Boston
                                                                                              to burn 2.2% until
                                                                                              3/25/87.
                                             2/8/85,       4/1/86  51 FR 11021          68   Phillips Academy,
                                            10/23/85                                          Andover, MA to
                                                                                              burn 2.2% until
                                                                                              September 1, 1988.
                      Interim sulfur-in-     2/19/86      8/12/86  51 FR 28814          70   Mary Ellen
                       fuel limitations                                                       McCormick and
                       for fossil fuel                                                        Malverick Family
                       utilities pending                                                      Development
                       conversion to an                                                       facilities in the
                       alternative fuel                                                       Boston Housing
                       or implementation                                                      Authority, Boston
                       of permanent                                                           to burn 2.2% until
                       energy                                                                 February 12, 1989.
                       conservation
                       measures.
                                             5/12/86     11/25/86  51 FR 42565          71   Mission Hill
                                                                                              Extension Family
                                                                                              Development
                                                                                              facility, in the
                                                                                              Boston Housing
                                                                                              Authority, Boston,
                                                                                              MA to burn 2.2%
                                                                                              until May 25,
                                                                                              1989.
310 CMR 7.19........  NOX RACT...........    7/15/94       9/2/99  64 FR 48098         119   NOX RACT
                                                                                              regulations.
310 CMR 7.19........  NOX RACT...........    10/4/96       9/2/99  64 FR 48098         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Specialty
                                                                                              Minerals,
                                                                                              Incorporated.
310 CMR 7.19........  NOX RACT...........    12/2/96       9/2/99  64 FR 48098         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Monsanto Company's
                                                                                              Indian Orchard
                                                                                              facility.
310 CMR 7.19........  NOX RACT...........    4/16/99       9/2/99  64 FR 48098         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Turners Falls
                                                                                              Limited
                                                                                              Partnership/Indeck
                                                                                              Energy Services
                                                                                              Turners Falls,
                                                                                              Inc., in Montague.
310 CMR 7.19........  NOX RACT...........    4/16/99       9/2/99  64 FR 48099         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Medusa Minerals
                                                                                              Company in Lee.
310 CMR 7.19........  NOX RACT...........    4/16/99       9/2/99  64 FR 48099         119   Approval of the
                                                                                              replacement of
                                                                                              section 310 CMR
                                                                                              7.19(1)(c)1,
                                                                                              (1)(c)8, (2)(b),
                                                                                              (3)(a), (3)(c)2,
                                                                                              (4)(a)3.b,
                                                                                              (7)(a)4, (9),
                                                                                              (13)(a), (13)(a)3,
                                                                                              (13)(a)9, and
                                                                                              (13)(a)13.
310 CMR 7.19 (2)(d).  Generic NOX            3/29/95       8/8/96  61 FR 41338         112   Adds credit
                       bubbling and                                                           creation option
                       trading for RACT                                                       for NOX RACT
                       sources.                                                               sources.
310 CMR 7.19 (2)(g).  Generic NOX            3/29/95       8/8/96  61 FR 41338         112   Adds credit use
                       bubbling and                                                           option for NOX
                       trading for RACT                                                       RACT sources.
                       sources.
310 CMR 7.19(13)(b).  Continuous            11/19/99     12/27/00  65 FR 81747         124   revisions to
                       Emissions                                                              regulatory
                       Monitoring Systems.                                                    language.

[[Page 164]]

 
310 CMR 7.19 (14)...  Generic NOX            3/29/95       8/8/96  61 FR 41338         112   Adds
                       bubbling for RACT                                                      quantification,
                       sources.                                                               testing,
                                                                                              monitoring, record
                                                                                              keeping,
                                                                                              reporting, and
                                                                                              emission control
                                                                                              plan requirements
                                                                                              for averaging NOX
                                                                                              RACT sources.
310 CMR 7.24(5)(b)2.  Revision to           10/16/89      4/19/90  55 FR 14832          83
                       gasoline
                       volatility testing
                       regulation.
310 CMR 7.24........  U Organic Material     6/7/91,      6/30/93  58 FR 34911          58   Replacement of 310
                       Storage and         11/13/92,                                          CMR 7.24, 7.24(1),
                       Distribution.         2/17/93                                          7.24(2), 7.24(3),
                                                                                              and 7.24(4).
310 CMR 7.24(3).....  Distribution of        2/17/93     9/3/1999  64 FR 48304      c(117)   Amends distribution
                       motor vehicle fuel.                                                    of motor fuel
                                                                                              requirements,
                                                                                              applicability,
                                                                                              recordkeeping and
                                                                                              testing
                                                                                              requirements.
310 CMR 7.24(6).....  ``Dispensing of      05/17/90,     12/14/92  57 FR 58996          97
                       Motor Vehicle        06/07/91
                       Fuel'' (Stage II).
310 CMR 7.24(6).....  Dispensing of motor    2/17/93      9/15/93  58 FR 48318          98   Previous version of
                       vehicle fuel.                                                          rule approved as
                                                                                              strengthening the
                                                                                              Massachusetts SIP.
                                                                                             Revised rule being
                                                                                              approved as
                                                                                              meeting the Clean
                                                                                              Air Act
                                                                                              requirements.
310 CMR 7.24(6).....  Dispensing Motor      08/09/00     12/18/00  65 FR 78976         116   Rule revised to
                       Vehicle Fuel.        09/11/00                                          include annual
                                                                                              compliance testing
                                                                                              and certification.
310 CMR 7.24(8).....  Marine Volatile       10/17/97      4/11/00  65 FR 19326         115   ...................
                       Organic Liquid
                       Transfer.
310 CMR 7.25........  Best available        11/18/94     12/19/95  60 FR 65242         108   Includes
                       controls for                                                           architectural &
                       consumer and                                                           industrial
                       commercial                                                             maintenance
                       products.                                                              coatings.
310 CMR 7.25........  Best Available         7/30/96      4/11/00  65 FR 19327         115   Definition of
                       Controls for                                                           ``waterproofing
                       Consumer and                                                           sealer'' revised.
                       Commercial
                       Products.
310 CMR 7.27........  NOX Allowance         12/19/97       6/2/99  64 FR 29569    (c)(118)   Approval of NOx cap
                       Program.                                                               and allowance
                                                                                              trading
                                                                                              regulations
                                            11/19/99     12/27/00  65 FR 81747         124   adding paragraphs
                                                                                              7.27(6)(m),
                                                                                              7.27(9)(b),
                                                                                              7.27(11)(o),
                                                                                              7.27(11)(p) and
                                                                                              7.27(15)(e).
310 CMR 7.28........  NOX Allowance          January     12/27/00  65 FR 81747         124   ...................
                       Trading Program.      7, 2000
310 CMR 7.28........  NOX Allowance         03/30/07      12/3/07  72 FR 67854         135
                       Trading Program.
                      ...................   03/30/07      12/3/07  72 FR 67854         135   Massachusetts
                                                                                              Regulation Filing,
                                                                                              dated April 19,
                                                                                              2007, sub-
                                                                                              stantiating May 4,
                                                                                              2007, State
                                                                                              effective date for
                                                                                              amended 310 CMR
                                                                                              7.28 ``NOX
                                                                                              Allowance Trading
                                                                                              Program.''
310 CMR 7.30........  Massport/Logan        12/26/00    March 12,  66 FR 14319         130   Applies to the
                       Airport Parking                       2001                             parking of motor
                       Freeze.                                                                vehicles on
                                                                                              Massport property.
310 CMR 7.31........  City of Boston/East   12/26/00    March 12,  66 FR 14319         130   Applies to the
                       Boston Parking                        2001                             parking of motor
                       Freeze.                                                                vehicles within
                                                                                              the area of East
                                                                                              Boston.

[[Page 165]]

 
310 CMR 7.32........  Massachusetts Clean   03/30/07      12/3/07  72 FR 67854         135
                       Air Interstate
                       Rule (Mass CAIR).
                      ...................   03/30/07      12/3/07  72 FR 67854         135   Mass-achusetts
                                                                                              Regulation Filing,
                                                                                              dated April 19,
                                                                                              2007, sub-
                                                                                              stantiating May 4,
                                                                                              2007, State
                                                                                              effective date for
                                                                                              adopted 310 CMR
                                                                                              7.32 `` Mass-
                                                                                              achusetts Clean
                                                                                              Air Interstate
                                                                                              Rule (Mass
                                                                                              CAIR).''
310 CMR 7.33........  City of Boston/        7/30/93     10/15/96  61 FR 53633         111   Applies to the
                       South Boston                                                           parking of motor
                       Parking Freeze.                                                        vehicles within
                                                                                              the area of South
                                                                                              Boston, including
                                                                                              Massport property
                                                                                              in South Boston.
310 CMR 7.36........  Transit system         12/9/91      10/4/94  59 FR 50498         101   Transit system
                       improvements                                                           improvement
                       regulations.                                                           regulation for
                                                                                              Boston
                                                                                              metropolitan area.
310 CMR 7.36........  Transit system        12/13/06     07/31/08  73 FR 44654         136   Amendments to
                       improvements                                                           Transit System
                       regulation.                                                            Improvements
                                                                                              Regulation.
                      ...................   12/13/06     07/31/08  73 FR 44654         136   Massachusetts
                                                                                              Regulation Filing,
                                                                                              dated November 16,
                                                                                              2006,
                                                                                              substantiating
                                                                                              December 1, 2006,
                                                                                              State effective
                                                                                              date for amended
                                                                                              310 CMR 7.36
                                                                                              entitled ``Transit
                                                                                              System
                                                                                              Improvements.''
310 CMR 7.37........  High occupancy         12/9/91      10/4/94  59 FR 50498         101   High occupancy
                       vehicle lanes                                                          vehicle lanes
                       regulation.                                                            regulation for
                                                                                              Boston
                                                                                              metropolitan area.
310 CMR 7.38........  Tunnel vent            1/30/91      10/8/92  57 FR 46312          96   Tunnel ventilation
                       certification                                                          certification
                       regulation.                                                            regulation for
                                                                                              Boston
                                                                                              metropolitan area.
310 CMR 7.38........  Tunnel vent            7/12/06      2/15/08  73 FR 8818          134   Amendments to
                       certification                                                          Certification of
                       regulation.                                                            Tunnel Ventilation
                                                                                              Systems in the
                                                                                              Metropolitan
                                                                                              Boston Air
                                                                                              Pollution Control
                                                                                              District.
                                             7/12/06      2/15/08  73 FR 8818          134   Massachusetts
                                                                                              Regulation Filing,
                                                                                              dated December 13,
                                                                                              2005,
                                                                                              substantiating
                                                                                              December 30, 2005,
                                                                                              State effective
                                                                                              date for amended
                                                                                              310 CMR 7.38
                                                                                              ``Certification of
                                                                                              Tunnel Ventilation
                                                                                              Systems in the
                                                                                              Metropolitan
                                                                                              Boston Air
                                                                                              Pollution Control
                                                                                              District.''
310 CMR 7.40........  Low emission          11/15/93       2/1/95  60 FR 6030          103   Substitute for
                       vehicle.             05/11/94                                          CFFP.
310 CMR 7.40........  Low Emission          12/24/99     12/23/02  67 FR 78181         132   ``Low Emission
                       Vehicle Program.                                                       Vehicle Program''
                                                                                              (LEV II) except
                                                                                              for 310 CMR
                                                                                              7.40(2)(a)5, 310
                                                                                              CMR 7.40(2)(a)6,
                                                                                              310 CMR
                                                                                              7.40(2)(c)3, 310
                                                                                              CMR 7.40(10), and
                                                                                              310 CMR 7.40(12)

[[Page 166]]

 
310 CMR 7.50........  Variances,             9/14/74      10/8/76  41 FR 44395           7
                       regulations for
                       control of air
                       pollution in the
                       six MA APCDs.
                                             9/14/74       2/4/77  42 FR 6812            7   Correction.
310 CMR 7.51........  Hearings relative      8/28/72     10/28/72  37 FR 23085           4
                       to orders and
                       approvals.
310 CMR 7.52........  Enforcement            8/28/72     10/28/72  37 FR 23085           4
                       provisions.
310 CMR 8...........  Regulations for the    2/22/72     10/28/72  37 FR 23085           1
                       prevention and/or
                       abatement of air
                       pollution episode
                       and air pollution
                       incident
                       emergencies.
                                            12/30/76       9/2/77  42 FR 44235          12   Changes significant
                                                                                              harm and alert
                                                                                              levels.
310 CMR 8.02........  Definitions........    7/25/90     10/04/02  67 FR 62187         120   Add a definition of
                                                                                              PM10.
310 CMR 8.03........  Criteria...........    7/25/90     10/04/02  67 FR 62187         120   Make PM10 the
                                                                                              particulate
                                                                                              criteria for
                                                                                              determining
                                                                                              emergeny episodes.
310 CMR 60.02.......  Massachusetts Motor     6/1/09      1/25/13  78 FR 5300          137   Revises enhanced I/
                       Vehicle Emissions                                                      M test
                       Inspection and                                                         requirements to
                       Maintenance                                                            consist of ``OBD2-
                       Program.                                                               only'' testing
                                                                                              program. Approving
                                                                                              submitted
                                                                                              regulation with
                                                                                              the exception of
                                                                                              subsection 310 CMR
                                                                                              60.02(24)(f).
540 CMR 4.00........  Annual Safety and       6/1/09      1/25/13  78 FR 5300          137   Revises
                       Combined Safety                                                        requirements for
                       and Emissions                                                          inspections and
                       Inspection of All                                                      enforcement of I/M
                       Motor Vehicles,                                                        program.
                       Trailers, Semi-
                       trailers and
                       Converter Dollies.
----------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have
  been part of the Federal SIP before this date.
2. The regulations are effective statewide unless stated otherwise in comments or title section.


[49 FR 49454, Dec. 20, 1984]

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



Sec. 52.1168  Certification of no sources.

    The Commonwealth of Massachusetts has certified to the satisfaction 
of EPA that no sources are located in the Commonwealth which are covered 
by the following Control Techniques Guidelines:
    (a) Large Petroleum Dry Cleaners.
    (b) Natural Gas/Gasoline Processing Plants.
    (c) Air Oxidation Processes/SOCMI.
    (d) Polypropylene/Polyethylene Manufacturing.

[52 FR 32792, Aug. 31, 1987]



Sec. 52.1168a  Part D--Disapproval of Rules and Regulations.

    On December 30, 1985, the Massachusetts Department of Environmental 
Quality Engineering (DEQE) submitted a revision to the Massachusetts 
State Implementation Plan (SIP) for the automobile surface coating 
regulation.

[[Page 167]]

This revision requested an extension of the final compliance dates to 
implement reasonably available control technology (RACT) on topcoat and 
final repair applications. As a result of EPA's disapproval of this 
revision, the existing compliance date of December 31, 1985 specified in 
the automobile surface coating regulation contained in the Massachusetts 
SIP will remain in effect (Massachusetts Regulation 310 CMR 7.18(7) as 
approved by EPA and codified at 40 CFR 52.1120(c)(30) and (53)).

[53 FR 36014, Sept. 16, 1988]



Sec. 52.1169  Stack height review.

    The Commonwealth of Massachusetts has declared to the satisfaction 
of EPA that no existing emission limitations have been affected by stack 
height credits greater than good engineering practice or any other 
prohibited dispersion technique as defined in EPA's stack height 
regulations, as revised on July 8, 1985. This declaration was submitted 
to EPA on April 8, 1986. The commonwealth has further declared in a 
letter from Bruce K. Maillet, dated June 24, 1986, that, ``[A]s part of 
our new source review activities under the Massachusetts SIP and our 
delegated PSD authority, the Department of Environmental Quality 
Engineering will follow EPA's stack height regulations, as revised in 
the Federal Register on July 8, 1985 (50 FR 27892).'' Thus, the 
Commonwealth has satisfactorily demonstrated that its regulations meet 
40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]



                           Subpart X_Michigan



Sec. 52.1170  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Michigan under section 110 of the Clean 
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air 
Quality Standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c), (d), and (e) of this section with an EPA approval date prior to 
August 1, 2006, was approved for incorporation by reference by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Material is incorporated as it exists on the date of the 
approval, and notice of any change in the material will be published in 
the Federal Register. Entries in paragraphs (c), (d), and (e) of this 
section with the EPA approval dates after August 1, 2006, will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 5 certifies that the rules/regulations provided by 
the EPA in the SIP compilation at the addresses in paragraph (b)(3) of 
this section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the SIP as of 
August 1, 2006.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 5, Air Programs 
Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and 
Radiation Docket and Information Center, EPA Headquarters Library, 
Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution 
Ave., NW., Washington, DC 20460, and the National Archives and Records 
Administration. If you wish to obtain materials from a docket in the EPA 
Headquarters Library, please call the Office of Air and Radiation (OAR) 
Docket/Telephone number: (202) 566-1742. For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

[[Page 168]]



                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
        Michigan citation                  Title          effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
                                                Annual Reporting
----------------------------------------------------------------------------------------------------------------
R 336.202........................  Annual reports......     11/11/86  3/8/94, 59 FR 10752.
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101.......................  Definitions; A......      4/27/93  9/7/94, 59 FR 46182.  Only: actual
                                                                                             emissions, air-
                                                                                             dried coating, air
                                                                                             quality standard,
                                                                                             allowable
                                                                                             emissions, and
                                                                                             alternate opacity.
                                                             2/22/85  6/11/92, 57 FR 24752
R 336.1102.......................  Definitions; B......      5/27/02  2/24/03, 68 FR 8550.
R 336.1103.......................  Definitions; C......      4/27/93  9/7/94, 59 FR 46182.  Only: coating
                                                                                             category, calendar
                                                                                             day, class II
                                                                                             hardboard paneling
                                                                                             finish, coating
                                                                                             line, coating of
                                                                                             automobiles and
                                                                                             light duty trucks,
                                                                                             coating of fabric,
                                                                                             coating of large
                                                                                             appliances, coating
                                                                                             of paper, coating
                                                                                             of vinyl,
                                                                                             component,
                                                                                             component in field
                                                                                             gas service,
                                                                                             component in
                                                                                             gaseous volatile
                                                                                             organic compound
                                                                                             service, component
                                                                                             in heavy liquid
                                                                                             service, component
                                                                                             in light liquid
                                                                                             service, component
                                                                                             in liquid volatile
                                                                                             organic compound
                                                                                             service, condenser,
                                                                                             conveyorized vapor
                                                                                             degreaser, and
                                                                                             creditable.
                                                             2/22/85  6/11/92, 57 FR 24752
R 336.1104.......................  Definitions; D......      5/27/02  2/24/03, 68 FR 8550.
R 336.1105.......................  Definitions; E......      5/27/02  2/24/03, 68 FR 8550.
R 336.1106.......................  Definitions; F......      2/22/85  6/11/92, 57 FR 24752
R 336.1107.......................  Definitions; G......      5/27/02  2/24/03, 68 FR 8550.
R 336.1108.......................  Definitions; H......      5/27/02  2/24/03, 68 FR 8550.
R 336.1109.......................  Definitions; I......      8/21/81  7/26/82, 47 FR 32116
R 336.1112.......................  Definitions; L......      1/18/80  5/6/80, 45 FR 29790.
R 336.1113.......................  Definitions; M......      5/27/02  2/24/03, 68 FR 8550.
R 336.1114.......................  Definitions; N......      8/21/81  7/26/82, 47 FR 32116
R 336.1115.......................  Definitions; O......      8/21/81  7/26/82, 47 FR 32116
R 336.1116.......................  Definitions; P......      4/27/93  9/7/94, 59 FR 46182.  Only: packaging
                                                                                             rotogravure
                                                                                             printing, printed
                                                                                             interior panel,
                                                                                             process unit
                                                                                             turnaround,
                                                                                             publication
                                                                                             rotogravure
                                                                                             printing, and
                                                                                             pushside Removed:
                                                                                             pneumatic rubber
                                                                                             tire manufacturing.
                                                             2/22/85  6/11/92, 57 FR 24752  All except pneumatic
                                                                                             rubber tire
                                                                                             manufacturing,
                                                                                             which was removed 9/
                                                                                             7/94.
R 336.1118.......................  Definitions; R......      5/27/02  2/24/03, 68 FR 8550.

[[Page 169]]

 
R 336.1119.......................  Definitions; S......      2/22/85  6/11/92, 57 FR 24752
R 336.1120.......................  Definitions; T......      5/27/02  2/24/03, 68 FR 8550.
R 336.1121.......................  Definitions; U......      4/20/89  9/15/94, 59 FR 47254
R 336.1122.......................  Definitions; V......      3/13/03  2/9/04, 69 FR 5932..
R 336.1123.......................  Definitions; W......      8/21/81  7/26/82, 47 FR 32116
R 336.1127.......................  Terms defined in the      1/18/80  5/6/80, 45 FR 29790.
                                    act.
----------------------------------------------------------------------------------------------------------------
                                            Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
R 336.1201.......................  Permits to install..      1/18/80  5/6/80, 45 FR 29790.
R 336.1202.......................  Waivers of approval.      1/18/80  5/6/80, 45 FR 29790.
R 336.1203.......................  Information required      1/18/80  5/6/80, 45 FR 29790.
R 336.1204.......................  Authority of agents.      1/18/80  5/6/80, 45 FR 29790.
R 336.1206.......................  Processing of             1/18/80  5/6/80, 45 FR 29790.
                                    applications for
                                    other facilities.
R 336.1207.......................  Denial of permits to      1/18/80  5/6/80, 45 FR 29790.
                                    install.
R 336.1208.......................  Permits to operate..      1/18/80  5/6/80, 45 FR 29790.
R 336.1220.......................  Construction of           8/21/81  1/27/82, 47 FR 3764.
                                    sources of volatile
                                    organic compounds
                                    in ozone
                                    nonattainment
                                    areas; conditions
                                    for approval.
R 336.1221.......................  Construction of           7/17/80  1/12/82, 47 FR 1292.
                                    sources of
                                    particulate matter,
                                    sulfur dioxide, or
                                    carbon monoxide in
                                    or near
                                    nonattainment
                                    areas; conditions
                                    for approval.
R 336.1240.......................  Required air quality      1/18/80  5/6/80, 45 FR 29790.
                                    models.
R 336.1241.......................  Air quality modeling      1/18/80  5/6/80, 45 FR 29790.
                                    demonstration
                                    requirements.
R 336.1280.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions; cooling
                                    and ventilation
                                    equipment.
R 336.1281.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions;
                                    cleaning, washing
                                    and drying
                                    equipment.
R 336.1282.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions; cooling
                                    and ventilation
                                    equipment.
R 336.1283.......................  Permit system             7/17/80  8/28/81, 46 FR 43422
                                    exemptions; testing
                                    and inspection
                                    equipment.
R 336.1284.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions;
                                    containers.
R 336.1285.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions;
                                    miscellaneous.
----------------------------------------------------------------------------------------------------------------
                        Part 3. Emission Limitations and Prohibitions--Particulate Matter
----------------------------------------------------------------------------------------------------------------
R 336.1301.......................  Standards for             3/19/02  6/1/06, 71 FR 31093.
                                    density of
                                    emissions.
R 336.1303.......................  Grading visible           3/19/02  6/1/06, 71 FR 31093.
                                    emissions.
R 336.1310.......................  Open burning........       2/3/99  6/28/02, 67 FR 43548
R 336.1330.......................  Electrostatic             3/19/02  6/1/06, 71 FR 31093.
                                    precipitation
                                    control systems.

[[Page 170]]

 
R 336.1331.......................  Emissions of              3/19/02  6/1/06, 71 FR 31093.  All except Table 31,
                                    particulate matter.                                      section C.8.
                                                             1/18/80  5/22/81, 46 FR 27923  Only Table 31
                                                                                             Section C.7,
                                                                                             preheater
                                                                                             equipment.
R 336.1349.......................  Coke oven compliance      2/22/85  6/11/92, 57 FR 24752
                                    date.
R 336.1350.......................  Emissions from larry-     2/22/85  6/11/92, 57 FR 24752
                                    car charging of
                                    coke ovens.
R 336.1351.......................  Charging hole             2/22/85  6/11/92, 57 FR 24752
                                    emissions from coke
                                    ovens.
R 336.1352.......................  Pushing operation         2/22/85  6/11/92, 57 FR 24752
                                    fugitive emissions
                                    from coke ovens.
R 336.1353.......................  Standpipe assembly        2/22/85  6/11/92, 57 FR 24752
                                    emissions during
                                    coke cycle from
                                    coke ovens.
R 336.1354.......................  Standpipe assembly        2/22/85  6/11/92, 57 FR 24752
                                    emissions during
                                    decarbonization
                                    from coke ovens.
R 336.1355.......................  Coke oven gas             1/18/80  5/55/81, 46 FR 27923
                                    collector main
                                    emissions from slot-
                                    type coke ovens.
R 336.1356.......................  Coke oven door            2/22/85  6/11/92, 57 FR 24752
                                    emissions from coke
                                    ovens; doors that
                                    are 5 meters or
                                    shorter.
R 336.1357.......................  Coke oven door            2/22/85  6/11/92, 57 FR 24752
                                    emissions from coke
                                    oven doors; doors
                                    that are taller
                                    than 5 meters.
R 336.1358.......................  Roof monitor visible      4/30/98  6/1/06, 71 FR 31093.
                                    emissions at steel
                                    manufacturing
                                    facilities from
                                    electric arc
                                    furnaces and blast
                                    furnaces.
R 336.1359.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from scarfer
                                    operation stacks at
                                    steel manufacturing
                                    facilities.
R 336.1360.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from coke oven push
                                    stacks.
R 336.1361.......................  Visible emissions         4/30/98  6/1/06, 71 FR 31093.
                                    from blast furnace
                                    casthouse
                                    operations at steel
                                    manufacturing
                                    facilities.
R 336.1362.......................  Visible emissions         4/30/98  6/1/06, 71 FR 31093.
                                    from electric arc
                                    furnace operations
                                    at steel
                                    manufacturing
                                    facilities.
R 336.1363.......................  Visible emissions         4/30/98  6/1/06, 71 FR 31093.
                                    from argon-oxygen
                                    decarburization
                                    operations at steel
                                    manufacturing
                                    facilities.
R 336.1364.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from basic oxygen
                                    furnace operations.
R 336.1365.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from hot metal
                                    transfer operations
                                    at steel
                                    manufacturing
                                    facilities.
R 336.1366.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from hot metal
                                    desulphurization
                                    operations at steel
                                    manufacturing
                                    facilities.
R 336.1367.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from sintering
                                    operations.
R 336.1370.......................  Collected air             2/17/81  11/15/82, 47 FR
                                    contaminants.                      51398.
R 336.1371.......................  Fugitive dust             3/19/02  6/1/06, 71 FR 31093.
                                    control programs
                                    other than areas
                                    listed in Table 36.
R 336.1372.......................  Fugitive dust             3/19/02  6/1/06, 71 FR 31093.
                                    control program;
                                    required
                                    activities; typical
                                    control methods.

[[Page 171]]

 
R 336.1374.......................  Particulate matter        3/19/02  6/1/06, 71 FR 31093.
                                    contingency
                                    measures: Areas
                                    listed in Table 37.
----------------------------------------------------------------------------------------------------------------
                     Part 4. Emission Limitations and Prohibitions--Sulfur-Bearing Compounds
----------------------------------------------------------------------------------------------------------------
R 336.1401.......................  Emissions of sulfur       3/19/02  6/1/06, 71 FR 31093.
                                    dioxide from power
                                    plants.
R 336.1402.......................  Emission of sulfur        1/18/80  5/6/80, 45 FR 29790.
                                    dioxide from fuel-
                                    burning sources
                                    other than power
                                    plants.
R 336.1403.......................  Oil- and natural gas-     3/19/02  6/1/06, 71 FR 31093.
                                    producing or
                                    transporting
                                    facilities and
                                    natural gas-
                                    processing
                                    facilities;
                                    emissions;
                                    operation.
R 336.1404.......................  Emissions of              1/18/80  5/6/80, 45 FR 29790.
                                    sulfuric acid mist
                                    from sulfuric acid
                                    plants.
----------------------------------------------------------------------------------------------------------------
     Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1601.......................  Definitions.........      3/19/02  6/1/06, 71 FR 31093.
R 336.1602.......................  General provisions        4/10/00  6/28/02, 67 FR 43548
                                    for existing
                                    sources of volatile
                                    organic compound
                                    emissions.
R 336.1604.......................  Storage of organic        3/19/02  6/1/06, 71 FR 31093.
                                    compounds having a
                                    true vapor pressure
                                    of more than 1.5
                                    psia, but less than
                                    11 psia, in
                                    existing fixed roof
                                    stationary vessels
                                    of more than 40,000
                                    gallon capacity.
R 336.1605.......................  Storage of organic        3/19/02  6/1/06, 71 FR 31093.
                                    compounds having a
                                    true vapor pressure
                                    of 11 or more psia
                                    in existing
                                    stationary vessels
                                    of more than 40,000
                                    gallon capacity.
R 336.1606.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into existing
                                    stationary vessels
                                    of more than 2,000
                                    gallon capacity at
                                    dispensing
                                    facilities handling
                                    250,000 gallons per
                                    year.
R 336.1607.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into existing
                                    stationary vessels
                                    of more than 2,000
                                    capacity at loading
                                    facilities.
R 336.1608.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into existing
                                    delivery vessels at
                                    loading facilities
                                    handling less than
                                    5,000,000 gallons
                                    per year.
R 336.1609.......................  Loading existing          4/20/89  9/15/94, 59 FR 47254
                                    delivery vessels
                                    with organic
                                    compounds having a
                                    true vapor pressure
                                    of more than 1.5
                                    psia at existing
                                    loading facilities
                                    handling 5,000,000
                                    or more gallons of
                                    such compounds per
                                    year.
R 336.1610.......................  Existing coating          4/27/93  9/7/94, 59 FR 46182.
                                    lines; emission of
                                    volatile organic
                                    compounds from
                                    existing
                                    automobile, light-
                                    duty truck, and
                                    other product and
                                    material coating
                                    lines.
R 336.1611.......................  Existing cold             6/13/97  7/21/99, 64 FR 39034
                                    cleaners.
R 336.1612.......................  Existing open top         6/13/97  7/21/99, 64 FR 39034
                                    vapor degreasers.

[[Page 172]]

 
R 336.1613.......................  Existing                  6/13/97  7/21/99, 64 FR 39034
                                    conveyorized cold
                                    cleaners.
R 336.1614.......................  Existing                  6/13/97  7/21/99, 64 FR 39034
                                    conveyorized vapor
                                    degreasers.
R 336.1615.......................  Existing vacuum-          3/19/02  6/1/06, 71 FR 31093.
                                    producing system at
                                    petroleum
                                    refineries.
R 336.1616.......................  Process unit              3/19/02  6/1/06, 71 FR 31093.
                                    turnarounds at
                                    petroleum
                                    refineries.
R 336.1617.......................  Existing organic          3/19/02  6/1/06, 71 FR 31093.
                                    compound-water
                                    separators at
                                    petroleum
                                    refineries.
R 336.1618.......................  Use of cutback            3/19/02  6/1/06, 71 FR 31093.
                                    paving asphalt.
R 336.1619.......................  Perchloroethylene;        3/19/02  6/1/06, 71 FR 31093.
                                    emission from
                                    existing dry
                                    cleaning equipment;
                                    disposal.
R 336.1620.......................  Emission of volatile      4/27/93  9/7/94, 59 FR 46182.
                                    organic compounds
                                    from the coating of
                                    flat wood paneling
                                    from existing
                                    coating lines.
R 336.1621.......................  Emission of volatile      4/27/93  9/7/94, 59 FR 46182.
                                    organic compounds
                                    from the coating of
                                    metallic surfaces
                                    from existing
                                    coating lines.
R 336.1622.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compound
                                    from existing
                                    component of a
                                    petroleum refinery;
                                    refinery monitoring
                                    program.
R 336.1623.......................  Storage of petroleum      3/19/02  6/1/06, 71 FR 31093.
                                    liquids having a
                                    true vapor pressure
                                    of more than 1.0
                                    psia but less than
                                    11.0 psia, in
                                    existing external
                                    floating roof
                                    stationary vessels
                                    of more than 40,000
                                    gallon capacity.
R 336.1624.......................  Emission of volatile     11/18/93  9/7/94, 59 FR 46182.
                                    organic compound
                                    from an existing
                                    graphic arts line.
R 336.1625.......................  Emission of volatile     11/30/00  6/1/06, 71 FR 31093.
                                    organic compound
                                    from existing
                                    equipment utilized
                                    in the
                                    manufacturing of
                                    synthesized
                                    pharmaceutical
                                    products.
R 336.1627.......................  Delivery Vessels;         2/22/06  8/3/07, 72 FR 43169.
                                    Vapor Collection
                                    Systems.
R 336.1628.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from components of
                                    existing process
                                    equipment used in
                                    manufacturing
                                    synthetic organic
                                    chemicals and
                                    polymers.
R 336.1629.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from components of
                                    existing process
                                    equipment used in
                                    processing natural
                                    gas; monitoring
                                    program.
R 336.1630.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from existing paint
                                    manufacturing
                                    processes.
R 336.1631.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from existing
                                    process equipment
                                    utilized in
                                    manufacture of
                                    polystyrene of
                                    other organic
                                    resins.

[[Page 173]]

 
R 336.1632.......................  Emission of volatile      4/27/93  9/7/94, 59 FR 46182.
                                    organic compounds
                                    form existing
                                    automobile, truck,
                                    and business
                                    machine plastic
                                    part coating lines.
R 336.1651.......................  Standards for             6/13/97  7/21/99, 64 FR 39034
                                    degreasers.
----------------------------------------------------------------------------------------------------------------
R 336.1660.......................  Standards for             10/3/07  5/22/09, 74 FR 23952
                                    Volatile Organic
                                    Compounds Emissions
                                    from Consumer
                                    Products.
R 336.1661.......................  Definitions for           11/3/07  5/22/09, 74 FR 23952
                                    Consumer Products.
----------------------------------------------------------------------------------------------------------------
        Part 7. Emission Limitations and Prohibitions--New Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1702.......................  General provisions        3/19/02  6/1/06, 71 FR 31093.
                                    for new sources of
                                    volatile organic
                                    compound emissions.
R 336.1705.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into delivery
                                    vessels at new
                                    loading facilities
                                    handling less than
                                    5,000,000 gallons
                                    per year.
R 336.1706.......................  Loading delivery          6/13/97  7/21/99, 64 FR 39034
                                    vessels with
                                    organic compounds
                                    having a true vapor
                                    pressure of more
                                    than 1.5 psia at
                                    new loading
                                    facilities handling
                                    5,000,000 or more
                                    gallons of such
                                    compounds per year.
R 336.1707.......................  New cold cleaners...      6/13/97  7/21/99, 64 FR 39034
R 336.1708.......................  New open top vapor        6/13/97  7/21/99, 64 FR 39034
                                    degreasers.
R 336.1709.......................  New conveyorized          6/13/97  7/21/99, 64 FR 39034
                                    cold cleaners.
R 336.1710.......................  New conveyorized          6/13/97  7/21/99, 64 FR 39034
                                    vapor degreasers.
----------------------------------------------------------------------------------------------------------------
                        Part 8. Emission Limitations and Prohibitions--Oxides of Nitrogen
----------------------------------------------------------------------------------------------------------------
R 336.1801.......................  Emission of oxides        5/28/09  8/18/09. 74 FR 41637
                                    of nitrogen from
                                    non-sip call
                                    stationary sources.
R 336.1802.......................  Applicability under       5/20/04  12/23/04, 69 FR
                                    oxides of nitrogen                 76848.
                                    budget trading
                                    program.
R 336.1802a......................  Adoption by               5/28/09  8/18/09, 74 FR
                                    reference.                         41637..
R 336.1803.......................  Definitions.........      5/28/09  8/18/09, 74 FR
                                                                       41637..
R 336.1804.......................  Retired unit              5/20/04  12/23/04, 69 FR
                                    exemption from                     76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1805.......................  Standard                  12/4/02  12/23/04, 69 FR
                                    requirements of                    76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1806.......................  Computation of time       12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1807.......................  Authorized account        12/4/02  12/23/04, 69 FR
                                    representative                     76848.
                                    under oxides of
                                    nitrogen budget
                                    trading program.
R 336.1808.......................  Permit requirements       12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1809.......................  Compliance                12/4/02  12/23/04, 69 FR
                                    certification under                76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.

[[Page 174]]

 
R 336.1810.......................  Allowance                 12/4/02  12/23/04, 69 FR
                                    allocations under                  76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1811.......................  New source set-aside      5/20/04  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1812.......................  Allowance tracking        12/4/02  12/23/04, 69 FR
                                    system and                         76848.
                                    transfers under
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1813.......................  Monitoring and            12/4/02  12/23/04, 69 FR
                                    reporting                          76848.
                                    requirements under
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1814.......................  Individual opt-ins        12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1815.......................  Allowance banking         12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1816.......................  Compliance                12/4/02  12/23/04, 69 FR
                                    supplement pool                    76848.
                                    under oxides of
                                    nitrogen budget
                                    trading program.
R 336.1817.......................  Emission limitations      12/4/02  12/23/04, 69 FR
                                    and restrictions                   76848.
                                    for Portland cement
                                    kilns.
R 336.1818.......................  Emission limitations     11/20/06  1/29/08, 73 FR 5101.
                                    for stationary
                                    internal combustion
                                    engines.
R 336.1821.......................  CAIR NOX ozone and        5/28/09  8/18/09, 74 FR
                                    annual trading                     41637..
                                    programs;
                                    applicability
                                    determinations.
R 336.1822.......................  CAIR NOX ozone            5/28/09  8/18/09, 74 FR
                                    season trading                     41637..
                                    program; allowance
                                    allocations.
R 336.1823.......................  New EGUs, new non-        5/28/09  8/18/09, 74 FR
                                    EGUs, and newly                    41637..
                                    affected EGUs under
                                    CAIR NOX ozone
                                    season trading
                                    program; allowance
                                    allocations.
R 336.1824.......................  CAIR NOX ozone            6/25/07  8/18/09, 74 FR
                                    season trading                     41637..
                                    program; hardship
                                    set-aside.
R 336.1825.......................  CAIR NOX ozone            6/25/07  8/18/09, 74 FR
                                    season trading                     41637..
                                    program; renewable
                                    set-aside.
R 336.1826.......................  CAIR NOX ozone            6/25/07  8/18/09, 74 FR
                                    season trading                     41637..
                                    program; opt-in
                                    provisions.
R 336.1830.......................  CAIR NOX annual           5/28/09  8/18/09, 74 FR
                                    trading program;                   41637..
                                    allowance
                                    allocations.
R 336.1831.......................  New EGUs under CAIR       5/28/09  8/18/09, 74 FR
                                    NOX annual trading                 41637..
                                    program; allowance
                                    allocations.
R 336.1832.......................  CAIR NOX annual           5/28/09  8/18/09, 74 FR
                                    trading program;                   41637..
                                    hardship set-aside.
R 336.1833.......................  CAIR NOX annual           5/28/09  8/18/09, 74 FR
                                    trading program;                   41637..
                                    compliance
                                    supplement pool.
R 336.1834.......................  Opt-in provisions         6/25/07  8/18/09, 74 FR
                                    under the CAIR NOX                 41637..
                                    annual trading
                                    program.
----------------------------------------------------------------------------------------------------------------
                          Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
R 339.1901.......................  Air contaminant or        1/18/80  5/6/80, 45 FR 29790.
                                    water vapor, when
                                    prohibited.
R 339.1906.......................  Diluting and              3/19/02  6/1/06, 71 FR 31093.
                                    concealing
                                    emissions.

[[Page 175]]

 
R 339.1910.......................  Air-cleaning devices      1/18/80  5/6/80, 45 FR 29790.
R 339.1911.......................  Malfunction               3/19/02  6/1/06, 71 FR 31093.
                                    abatement plans.
R 336.1912.......................  Abnormal conditions,  7/26/95, as  10/26/07, 72 FR
                                    start-up, shutdown,  corrected 6/  60783.
                                    and malfunction of          1/07
                                    a source, process,
                                    or process
                                    equipment,
                                    operating,
                                    notification, and
                                    reporting
                                    requirements.
R 339.1915.......................  Enforcement               5/27/02  2/24/03, 68 FR 8550.
                                    discretion in
                                    instances of excess
                                    emission resulting
                                    from malfunction,
                                    start-up, or
                                    shutdown.
R 339.1916.......................  Affirmative defense       5/27/02  2/24/03, 68 FR 8550.
                                    for excess
                                    emissions during
                                    start-up or
                                    shutdown.
R 339.1930.......................  Emission of carbon        3/19/02  6/1/06, 71 FR 31093.
                                    monoxide from
                                    ferrous cupola
                                    operations.
----------------------------------------------------------------------------------------------------------------
                                   Part 10. Intermittent Testing and Sampling
----------------------------------------------------------------------------------------------------------------
R 336.2001.......................  Performance tests by      3/19/02  6/1/06, 71 FR 31093,
                                    owner.                             6/1/06 71 FR 31093.
R 336.2002.......................  Performance tests by      3/19/02  6/1/06, 71 FR 31093.
                                    commission.
R 336.2003.......................  Performance test          3/19/02  6/1/06, 71 FR 31093.
                                    criteria.
R 336.2004.......................  Appendix A;               2/22/06  8/3/07, 72 FR 43169.
                                    reference test
                                    methods; adoption
                                    of federal
                                    reference test
                                    methods.
R 336.2005.......................  Reference test            2/22/06  8/3/07, 72 FR 43169.
                                    methods for state-
                                    requested tests of
                                    delivery vessels.
R 336.2006.......................  Reference test            4/27/93  9/7/94, 59 FR 46182.
                                    method serving as
                                    alternate version
                                    of federal
                                    reference test
                                    method 25 by
                                    incorporating Byron
                                    analysis.
R 336.2007.......................  Alternate version of      3/19/02  6/1/06, 71 FR 31093.
                                    procedure L,
                                    referenced in R
                                    336.2040(10).
R 336.2011.......................  Reference test            4/29/05  6/1/06, 71 FR 31093.
                                    method 5B.
R 336.2012.......................  Reference test           10/15/04  6/1/06, 71 FR 31093.
                                    method 5C.
R 336.2013.......................  Reference test            3/19/02  6/1/06, 71 FR 31093.
                                    method 5D.
R 336.2014.......................  Reference test           10/15/04  6/1/06, 71 FR 31093.
                                    method 5E.
R 336.2021.......................  Figures.............      3/19/02  6/1/06, 71 FR 31093.
R 336.2030.......................  Reference test            2/22/85  6/11/92, 57 FR 24752
                                    method 9A.
R 336.2031.......................  Reference test            2/22/85  6/11/92, 57 FR 24752
                                    method 9B.
R 336.2032.......................  Reference test            2/22/85  6/11/92, 57 FR 24752
                                    method 9C.
R 336.2033.......................  Test methods for          2/22/85  6/11/92, 57 FR 24752
                                    coke oven quench
                                    towers.
R 336.2040.......................  Method for                3/19/02  6/1/06, 71 FR 31093.  All except sections
                                    determination of                                         (9) and (10).
                                    volatile organic
                                    compound emissions
                                    from coating lines
                                    and graphic arts
                                    lines.
R 336.2041.......................  Recording                 4/27/93  9/7/94, 59 FR 46182.
                                    requirements for
                                    coating lines and
                                    graphic arts lines.
----------------------------------------------------------------------------------------------------------------

[[Page 176]]

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

[[Page 177]]

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

[[Page 178]]

 
Wayne County Air Pollution         Wayne County Air         11/18/85  5/13/93, 58 FR 28359  Only: chapters 1, 2,
 Control Ordinance.                 Pollution Control                                        3, 5 (except for
                                    Ordinance.                                               the portions of
                                                                                             section 501 which
                                                                                             incorporate by
                                                                                             reference the
                                                                                             following parts of
                                                                                             the state rules:
                                                                                             the quench tower
                                                                                             limit in R
                                                                                             336.1331, Table 31,
                                                                                             section C.8; the
                                                                                             deletion of the
                                                                                             limit in R 336.1331
                                                                                             for coke oven coal
                                                                                             preheater
                                                                                             equipment; and R
                                                                                             336.1355), 8
                                                                                             (except section
                                                                                             802), 9, 11, 12,
                                                                                             13, and appendices
                                                                                             A and D.
----------------------------------------------------------------------------------------------------------------
                         Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
R 336.2801.......................  Definitions.........  December 4,  March 25, 2010, 75    All sections except
                                                                2006   FR 14352.             for (j) and (ff),
                                                                                             [reserved in
                                                                                             original rule].
R 336.2801.......................  Definitions.........    September  March 25, 2010, 75    Sections (hh) and
                                                            11, 2008   FR 14352.             (r)(ii).
R 336.2801.......................  Definitions.........    September  September 27, 2010,   Section (ee).
                                                            11, 2008   75 FR 59081.
R 336.2802.......................  Applicability.......  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2803.......................  Ambient Air           December 4,  March 25, 2010, 75
                                    Increments.                 2006   FR 14352.
R 336.2804.......................  Ambient Air Ceilings  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2805.......................  Restrictions on Area  December 4,  March 25, 2010, 75
                                    Classifications.            2006   FR 14352.
R 336.2806.......................  Exclusions from       December 4,  March 25, 2010, 75
                                    Increment                   2006   FR 14352.
                                    Consumption.
R 336.2807.......................  Redesignation.......  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2808.......................  Stack Heights.......  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2809.......................  Exemptions..........  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2810.......................  Control Technology    December 4,  March 25, 2010, 75
                                    Review.                     2006   FR 14352.
R 336.2811.......................  Source Impact         December 4,  March 25, 2010, 75
                                    Analysis.                   2006   FR 14352.
R 336.2812.......................  Air Quality Models..  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2813.......................  Air Quality Analysis  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2814.......................  Source Information..  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2815.......................  Additional Impact     December 4,  March 25, 2010, 75
                                    Analyses.                   2006   FR 14352.
R 336.2816.......................  Sources impacting        June 30,  September 12, 2012,
                                    federal class I             2011   77 FR 56124.
                                    areas; additional
                                    requirements.

[[Page 179]]

 
R 336.2817.......................  Public Participation  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2818.......................  Source Obligation...  December 4,  March 25, 2010, 75
                                                                2006   FR 14352.
R 336.2818.......................  Source Obligation...    September  September 27, 2010,   Section (3).
                                                            11, 2008   75 FR 59081.
R 336.2819.......................  Innovative Control    December 4,  March 25, 2010, 75
                                    Technology.                 2006   FR 14352.
R 336.2823.......................  Actuals Plantwide     December 4,  March 25, 2010, 75    Only sections (1)
                                    Applicability               2006   FR 14352.             through (14).
                                    Limits (PALs).
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved state source-specific requirements.

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

[[Page 180]]

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

[[Page 181]]

 
General Motors Corporation,        11-1982.............      7/22/82  7/5/83, 48 FR 31022.
 Fisher Body Division, Fleetwood,
 Wayne County.
General Motors Corporation,        9-1982..............      7/12/82  7/5/83, 48 FR 31022.
 Fisher Body Division, Flint No.
 1, Genesee County.
General Motors Corporation, GM     5-1983..............       5/5/83  12/13/84, 49 FR 5345
 Assembly Division, Washtenaw
 County.
General Motors Corporation, Hydra- 3-1982..............      6/24/82  3/4/83, 48 FR 9256..
 Matic Division, Washtenaw County.
General Motors Corporation,        4-1983..............       5/5/83  12/13/84, 49 FR 5345
 Oldsmobile Division, Ingham
 County.
Hayes-Albion Corporation Foundry,  2-1980..............       2/2/82  48 FR 41403.........  Original order
 Calhoun County.                                                                             effective 2/15/80,
                                                                                             as altered
                                                                                             effective 2/2/82.
J. H. Campbell Plant, Ottawa       5-1979..............       2/6/80  12/24/80, 45 FR       Original order
 County.                                                               85004 (correction:    effective 6/25/79,
                                                                       3/16/81 46 FR         as altered
                                                                       16895).               effective 2/6/80.
Keywell Corporation, Wayne County  31-1993.............     10/12/94  1/17/95, 60 FR 3346.
Lansing Board of Water and Light.  4-1979..............      5/23/79  12/17/80, 45 FR       All except sections
                                                                       82926.                7 A, B, C1, D, E,
                                                                                             F, and section 8.
Marathon Oil Company, Muskegon     16-1981.............      7/31/81  2/22/82, 47 FR 7661.
 County.
Marblehead Lime Company, Brennan   21-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Avenue Plant, Wayne County.
Marblehead Lime Company, River     22-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Rouge Plant, Wayne County.
McLouth Steel Company, Trenton     23-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Plant, Wayne County.
Michigan Foundation Company,       24-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Cement Plant, Wayne County.
Michigan Foundation Company,       25-1993.............     10/12/94  1/17/95.60 FR 3346..
 Sibley Quarry, Wayne County.
Monitor Sugar Company, Bay County  21-1981.............     10/29/81  5/19/82, 47 FR 21534
Morton International, Inc.,        26-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Morton Salt Division, Wayne
 County.
National Steel Corporation, Great  27-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Lakes Division, Wayne County.
National Steel Corporation,        28-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Transportation and Materials
 Handling Division, Wayne County.
New Haven Foundry, Inc., Macomb    12-1980.............      8/14/80  2/10/82, 47 FR 6013.
 County.
Northern Michigan Electric         16-1979.............      1/10/80  46 FR 34584.........
 Cooperative Advance Steam Plant,
 Charlevoix County.
Packaging Corporation of America,  23-1984.............       7/8/85  5/4/87, 52 FR 16246.
 Manistee County.
Peerless Metal Powders,            29-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Incorporated, Wayne County.
Rouge Steel Company, Wayne County  30-1993.............     10/12/94  1/17/95, 60 FR 3346.
S. D. Warren Company, Muskegon...  9-1979..............     10/31/99  1/27/81, 46 FR 8476.
St. Marys Cement Company, Wayne    32-1993.............     10/12/94  1/17/95, 60 FR 3346.
 County.

[[Page 182]]

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

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

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                  Applicable
  Name of nonregulatory SIP      geographic or                                  EPA approval
          provision              nonattainment       State submittal date           date            Comments
                                     area
----------------------------------------------------------------------------------------------------------------
Implementation plan for the    Statewide.......  2/3/72                       5/31/72, 37 FR    Sections
 control of suspended                                                          10841.            include: Air
 particulates, sulfur oxides,                                                                    quality control
 carbon monoxide,                                                                                regions, legal
 hydrocarbons, nitrogen                                                                          authority, air
 oxides, and photochemical                                                                       quality data,
 oxidants in the state of                                                                        emission data,
 Michigan.                                                                                       control
                                                                                                 strategy,
                                                                                                 control
                                                                                                 regulations,
                                                                                                 compliance
                                                                                                 plans and
                                                                                                 schedules,
                                                                                                 prevention of
                                                                                                 air pollution
                                                                                                 emergency
                                                                                                 episodes, air
                                                                                                 quality
                                                                                                 surveillance
                                                                                                 program,
                                                                                                 control of
                                                                                                 emission
                                                                                                 sources,
                                                                                                 organization
                                                                                                 and resources,
                                                                                                 and
                                                                                                 intergovernment
                                                                                                 al cooperation.
Reevaluation of control        Berrien and       3/3/72                       10/28/72, 37 FR
 strategies.                    Ingham Counties.                               23085.
Reasons and justifications...  Statewide.......  7/12/72                      10/28/72, 37 FR   Concerning
                                                                               23085.            general
                                                                                                 requirements of
                                                                                                 control
                                                                                                 strategy for
                                                                                                 nitrogen
                                                                                                 dioxide,
                                                                                                 compliance
                                                                                                 schedules, and
                                                                                                 review of new
                                                                                                 sources and
                                                                                                 modifications.
Public availability of         Statewide.......  7/24/72                      10/28/72, 37 FR
 emissions data.                                                               23085.
Compliance schedules.........  Alpena, Baraga,   5/4/73, 9/19/73, 10/23/73,   8/5/74, 39 FR
                                Charlevoix,       and 12/13/73                 28155.
                                Huron, Ionia,
                                Marquette,
                                Midland,
                                Muskegon,
                                Oakland,
                                Otsego, and St.
                                Clair Counties.
Compliance schedules.........  Allegan, Eaton,   2/16/73 and 5/4/73           9/10/74, 39 FR
                                Emmet, Genesee,                                32606.
                                Huron, Ingham,
                                Macomb, Monroe,
                                Ottawa,
                                Saginaw, and
                                St. Clair
                                Counties.
Air quality maintenance area   Macomb, Oakland,  6/27/74 and 10/18/74         6/2/75, 40 FR
 identifications for            Wayne and                                      23746.
 particulate matter.            Monroe Counties.

[[Page 183]]

 
Carbon monoxide control        Saginaw area....  4/25/79                      5/6/80, 45 FR
 strategy.                                                                     29790.
Ozone attainment               Flint, Lansing    4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
 demonstrations and             and Grand         10/26/79, 11/8/79, 12/26/    37188.
 transportation control plans.  Rapids urban      79
                                areas.
Transportation control plans.  Detroit urban     4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
                                area.             10/26/79, 11/8/79, 12/26/    37188.
                                                  79
Ozone control strategy for     Marquette,        4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
 rural ozone nonattainment      Muskegon,         10/26/79, 11/8/79, 12/26/    37188.
 areas.                         Gratiot,          79
                                Midland,
                                Saginaw, Bay,
                                Tuscola, Huron,
                                Sanilac,
                                Ottawa, Ionia,
                                Shiawassee,
                                Lapeer,
                                Allegan, Barry,
                                Van Buren,
                                Kalamazoo,
                                Calhoun,
                                Jackson,
                                Berrien, Cass,
                                Branch,
                                Hillsdale, and
                                Lenawee
                                Counties.
Carbon monoxide and ozone      Detroit urban     4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
 demonstrations of attainment   area.             10/26/79, 11/8/79, 12/26/    37192.
 and I/M program.                                 79, 3/20/80, 5/12/80, and
                                                  5/21/80
Ambient air quality            Statewide.......  12/19/79                     3/4/81, 46 FR
 monitoring, data reporting,                                                   15138.
 and surveillance provisions.
Transportation control plan..  Niles...........  4/25/79, 10/26/79, 11/8/79,  4/17/81, 46 FR
                                                  12/26/79, 8/4/80, and 8/8/   22373.
                                                  80
Provisions addressing          Statewide.......  4/25/79 and 10/12/79         6/5/81, 46 FR     Concerns permit
 sections 110(a)(2)(K),                                                        30082.            fees,
 126(a)(2), 127, and 128 of                                                                      interstate
 the Clean Air Act as amended                                                                    pollution,
 in 1977.                                                                                        public
                                                                                                 notification,
                                                                                                 and state
                                                                                                 boards.
Section 121,                   Statewide.......  5/25/79                      11/27/81, 46 FR
 intergovernmental                                                             57893.
 consultation.
Total suspended particulate    Detroit area....  3/7/80 and 4/21/81           2/18/82, 47 FR
 studies.                                                                      7227.
Lead plan....................  Statewide.......  12/27/79 and 2/9/81          4/13/82, 47 FR
                                                                               15792.
Reduction in size of Detroit   Wayne, Oakland,   9/1/82                       7/7/83, 48 FR
 ozone area.                    Macomb,                                        31199.
                                Livingston,
                                Monroe, St.
                                Clair, and
                                Washtenaw
                                Counties.
Negative declarations........  Wayne, Oakland    10/10/83, 5/17/85, and 6/12/ 11/24/86, 51 FR   Includes large
                                and Macomb        85                           42221.            petroleum dry
                                Counties.                                                        cleaners, high-
                                                                                                 density
                                                                                                 polyethylene,
                                                                                                 polypropylene,
                                                                                                 and polystyrene
                                                                                                 resin
                                                                                                 manufacturers,
                                                                                                 and synthetic
                                                                                                 organic
                                                                                                 chemical
                                                                                                 manufacturing
                                                                                                 industry--oxida
                                                                                                 tion.
Information relating to order  Genesee County..  9/6/84                       8/22/88, 53 FR
 8-1982: letter dated 9/6/84                                                   31861.
 from Michigan Department of
 Natural Resources to EPA.

[[Page 184]]

 
Information relating to order  Midland County..  12/17/87                     10/3/89, 54 FR
 14-1987: letter dated 12/17/                                                  40657.
 87 from Michigan Department
 of Natural Resources to EPA.
Appendices A and D of Wayne    Wayne County....  10/10/86                     5/13/93, 58 FR    Effective 11/18/
 County Air Pollution Control                                                  28359.            85.
 Ordinance.
Information supporting         Statewide.......  11/16/92, 10/25/93, and 2/7/ 3/8/94, 59 FR
 emissions statement program.                     94                           10752.
1990 base year emissions       Grand Rapids and  1/5/93                       7/26/94, 59 FR
 inventory.                     Muskegon areas.                                37944.
Section 182(f) NOX exemption.  Detroit-Ann       11/12/93                     8/10/94, 59 FR
                                Arbor area.                                    40826.
Negative declarations........  Livingston,       3/30/94                      9/7/94, 59 FR     Includes: Large
                                Macomb, Monroe,                                46182.            petroleum dry
                                Oakland, St.                                                     cleaners, SOCMI
                                Clair,                                                           air oxidation
                                Washtenaw,                                                       processes, high-
                                Wayne, Kent,                                                     density
                                Ottawa, and                                                      polyethylene
                                Muskegon                                                         and
                                Counties.                                                        polypropylene
                                                                                                 resin
                                                                                                 manufacturing
                                                                                                 and pneumatic
                                                                                                 rubber tire
                                                                                                 manufacturing.
I/M program..................  Grand Rapids and  11/12/93 and 7/19/94         10/11/94, 59 FR   Includes:
                                Muskegon areas.                                51379.            document
                                                                                                 entitled
                                                                                                 ``Motor Vehicle
                                                                                                 Emissions
                                                                                                 Inspection and
                                                                                                 Maintenance
                                                                                                 Program for
                                                                                                 Southeast
                                                                                                 Michigan, Grand
                                                                                                 Rapids MSA, and
                                                                                                 Muskegon MSA
                                                                                                 Moderate
                                                                                                 Nonattainment
                                                                                                 Areas,'' RFP,
                                                                                                 and
                                                                                                 supplemental
                                                                                                 materials.
1990 base year emissions       Detroit-Ann       11/12/93                     3/7/95, 60 FR
 inventory and 1-hour ozone     Arbor area                                     12459.
 maintenance plan.              (Livingston,
                                Macomb, Monroe,
                                Oakland, St.
                                Clair,
                                Washtenaw, and
                                Wayne Counties).
Section 182(f) NOX exemptions  Clinton, Ingham,  7/1/94 and 7/8/94            4/27/95, 60 FR
                                Eaton, and                                     20644.
                                Genesee
                                Counties.
Section 182(f) NOX exemptions  Kent, Ottawa,     7/13/94                      1/26/96, 61 FR
                                Muskegon,                                      2428.
                                Allegan, Barry,
                                Bay, Berrien,
                                Branch,
                                Calhoun, Cass,
                                Clinton, Eaton,
                                Gratiot,
                                Genesee,
                                Hillsdale,
                                Ingham, Ionia,
                                Jackson,
                                Kalamazoo,
                                Lenawee,
                                Midland,
                                Montcalm, St.
                                Joseph,
                                Saginaw,
                                Shiawassee, and
                                Van Buren
                                Counties.
1-hour ozone maintenance plan  Grand Rapids      3/9/95                       6/21/96, 61 FR
                                area.                                          31831.
PM-10 maintenance plan.......  Wayne County....  7/24/95                      8/5/96, 61 FR
                                                                               40516.
General conformity...........  Statewide.......  11/29/94                     12/18/96, 61 FR
                                                                               66607.

[[Page 185]]

 
Transportation conformity....  Statewide.......  11/24/94                     12/18/96, 61 FR
                                                                               66609.
7.8 psi Reid vapor pressure    Wayne, Oakland,   5/16/96, 1/5/96, and 5/14/   5/5/97, 62 FR     Includes: letter
 gasoline-supplemental          Macomb,           96                           24341.            from Michigan
 materials.                     Washtenaw,                                                       Governor John
                                Livingston, St.                                                  Engler to
                                Clair, and                                                       Regional
                                Monroe Counties.                                                 Administrator
                                                                                                 Valdas Adamkus,
                                                                                                 dated 1/5/96,
                                                                                                 letter from
                                                                                                 Michigan
                                                                                                 Director of
                                                                                                 Environmental
                                                                                                 Quality Russell
                                                                                                 Harding to
                                                                                                 Regional
                                                                                                 Administrator
                                                                                                 Valdas Adamkus,
                                                                                                 dated 5/14/96,
                                                                                                 and state
                                                                                                 report entitled
                                                                                                 ``Evaluation of
                                                                                                 Air Quality
                                                                                                 Contingency
                                                                                                 Measures for
                                                                                                 Implementation
                                                                                                 in Southeast
                                                                                                 Michigan''.
Section 182(f) NOX exemption.  Muskegon County.  11/22/95                     9/26/97, 62 FR
                                                                               50512.
Carbon monoxide maintenance    Detroit area      3/18/99                      6/30/99, 64 FR
 plan.                          (portions of                                   35017.
                                Wayne, Oakland,
                                and Macomb
                                Counties).
1-hour ozone maintenance plan  Muskegon County.  3/9/95                       8/30/00, 65 FR
                                                                               52651.
1-hour ozone maintenance plan  Allegan County..  9/1/00 and 10/13/00          11/24/00, 65 FR
                                                                               70490.
1-hour ozone maintenance plan  Genesee, Bay      5/9/00                       11/13/00, 65 FR
                                Midland, and                                   67629.
                                Saginaw
                                Counties.
1-hour ozone maintenance plan  Muskegon County.  3/22/01                      8/6/01, 66 FR     Revision to
 revision.                                                                     40895.            motor vehicle
                                                                                                 emission
                                                                                                 budgets.
8-hour ozone maintenance plan  Grand Rapids      5/9/06, 5/26/06, and 8/25/   5/16/2007.......
                                (Kent and         06
                                Ottawa
                                Counties),
                                Kalamazoo-
                                Battle Creek
                                (Calhoun,
                                Kalamazoo, and
                                Van Buren
                                Counties),
                                Lansing-East
                                Lansing
                                (Clinton,
                                Eaton, and
                                Ingham
                                Counties),
                                Benzie County,
                                Huron County,
                                and Mason
                                County.
8-hour ozone maintenance plan  Flint (Genesee    6/13/06, 8/25/06, and 11/30/ 5/16/2007.......  ................
                                and Lapeer        06
                                Counties),
                                Muskegon
                                (Muskegon
                                County), Benton
                                Harbor (Berrien
                                County), and
                                Cass County.
8-hour ozone maintenance plan  Detroit-Ann       3/6/2009                     6/29/2009.......
                                Arbor (Lenawee,
                                Livingston,
                                Macomb, Monroe,
                                Oakland, St.
                                Clair,
                                Washtenaw, and
                                Wayne Counties).
Section 110(a)(2)              Statewide.......  12/6/07, 7/19/08, and 4/6/   7/13/11, 76 FR    This action
 Infrastructure Requirements                      11                           41075.            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).

[[Page 186]]

 
Section 110(a)(2)              Statewide.......  12/6/07, 7/19/08, and 4/6/   7/13/11, 76 FR    This action
 Infrastructure Requirements                      11                           41075.            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)              Statewide.......  8/15/2011, 7/9/2012          10/29/2012, 77    This action
 Infrastructure Requirements                                                   FR 65478.         addresses the
 for the 2006 24-Hour PM2.5                                                                      following CAA
 NAAQS.                                                                                          elements:
                                                                                                 110(a)(2)(A),
                                                                                                 (B), (C),
                                                                                                 (D)(i)(II),
                                                                                                 (D)(ii), (E),
                                                                                                 (F), (G), (H),
                                                                                                 (J), (K), (L),
                                                                                                 and (M). We are
                                                                                                 not taking
                                                                                                 action on the
                                                                                                 visibility
                                                                                                 protection
                                                                                                 requirements of
                                                                                                 (D)(i)(II) and
                                                                                                 the state board
                                                                                                 requirements of
                                                                                                 (E)(ii). We
                                                                                                 will address
                                                                                                 these
                                                                                                 requirements in
                                                                                                 a separate
                                                                                                 action. We are
                                                                                                 taking no
                                                                                                 action on
                                                                                                 portions of
                                                                                                 Michigan's
                                                                                                 infrastructure
                                                                                                 SIP submission
                                                                                                 addressing the
                                                                                                 relevant
                                                                                                 prevention of
                                                                                                 significant
                                                                                                 deterioration
                                                                                                 requirements of
                                                                                                 the 2008 NSR
                                                                                                 Rule
                                                                                                 (identifying
                                                                                                 PM2.5
                                                                                                 precursors, and
                                                                                                 the regulation
                                                                                                 of PM2.5 and
                                                                                                 PM10
                                                                                                 condensables in
                                                                                                 permits) and
                                                                                                 the Phase 2
                                                                                                 Rule
                                                                                                 (identification
                                                                                                 of NOX as a
                                                                                                 precursor to
                                                                                                 ozone) with
                                                                                                 respect to
                                                                                                 section
                                                                                                 110(a)(2)(C),
                                                                                                 (D)(i)(II), and
                                                                                                 (J).
1997 Annual Fine Particulate   Detroit-Ann       6/13/08                      11/6/12, 77 FR    ................
 Matter 2005 Base Year          Arbor area                                     66547.
 Emissions Inventory.           (Livingston,
                                Macomb, Monroe,
                                Oakland, St.
                                Clair,
                                Washtenaw, and
                                Wayne Counties).
Regional Haze Plan...........  Statewide.......  11/5/2010                    12/3/2012, 77 FR  Addresses all
                                                                               71533.            regional haze
                                                                                                 plan elements
                                                                                                 except BART
                                                                                                 emission
                                                                                                 limitations for
                                                                                                 EGUs, St. Marys
                                                                                                 Cement,
                                                                                                 Escanaba Paper,
                                                                                                 and Tilden
                                                                                                 Mining
----------------------------------------------------------------------------------------------------------------


[[Page 187]]


[71 FR 52469, Sept. 6, 2006, as amended at 72 FR 4435, Jan. 31, 2007; 72 
FR 43172, Aug. 3, 2007; 72 FR 72262, Dec. 20, 2007; 72 FR 60783, 60786, 
Dec. 26, 2007; 73 FR 5104, Jan. 29, 2008; 74 FR 30952, June 29, 2009; 74 
FR 23954, May 22, 2009; 74 FR 41640, Aug. 18, 2009; 75 FR 14354, Mar. 
25, 2010; 75 FR 59083, Sept. 27, 2010; 76 FR 41085, July 13, 2011; 77 FR 
56125, Sept. 12, 2012; 77 FR 65487, Oct. 29, 2012; 77 FR 66548, Nov. 6, 
2012; 77 FR 71549, Dec. 3, 2012]



Sec. 52.1171  Classification of regions.

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

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


[37 FR 10873, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 29801, May 6, 1980]



Sec. 52.1172  Approval status.

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

[45 FR 29801, May 6, 1980]



Sec. 52.1173  Control strategy: Particulates.

    (a) Part D--Disapproval. The following specific revisions to the 
Michigan Plan are disapproved:
    (1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth 
Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering 
Plants, Blast Furnaces, Heating and Reheating Furnaces.
    (2) Rules 336.1371 (Fugitive dust control programs other than areas 
listed in table 36.), 336.1372 (Fugitive dust control programs; required 
activities; typical control methods.) and 336.1373 (Fugitive dust 
control programs; areas listed in table 36.) for control of industrial 
fugitive particulate emissions sources.
    (b) Part D--Conditional Approval--The Michigan overall Plan for 
primary and secondary nonattainment areas is approved provided that the 
following conditions are satisfied:
    (1) The State officially adopts final industrial fugitive 
regulations that represent RACT for traditional sources and submits 
these finally effective regulations to USEPA by January 31, 1981.
    (2) The State adopts and submits regulations reflecting RACT for 
Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast 
Furnaces and Heating and Reheating Furnaces.
    (3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment 
Effective After July 1, 1979--The State clarifies the compliance test 
method to include measurement of the whole train.
    (4) Rule 336.1349--The State submits consent orders containing 
enforceable increments insuring reasonable further progress for each 
source subject to Rules 336.1350 through 336.1357.
    (5) Rule 336.1350--The State adopts and submits an acceptable 
inspection

[[Page 188]]

method for determining compliance with the rule.
    (6) Rule 336.1352--The State adopts and submits the following 
clarifications to the rule: (a) The rule regulates emissions from the 
receiving car itself during the pushing operation; (b) in the phrase 
``eight consecutive trips,'' ``consecutive'' is defined as 
``consecutively observed trips''; (c) the word ``trips'' is defined as 
``trips per battery'' or ``trips per system''; (d) the 40% opacity 
fugitive emissions limitation refers to an instantaneous reading and not 
an average; (e) the method of reading opacity is defined.
    (7) Rule 336.1353--The State adopts and submits: (a) An acceptable 
test methodology for determining compliance with the rule; and (b) a 
clarification that the exception to the visible emission prohibition of 
4% of standpipe emission points refers to ``operating'' ovens.
    (8) Rule 336.1356--The State adopts and submits a clarification of 
the test methodology to determine compliance with the rule.
    (9) Rule 336.1357--The State adopts and submits a clarification of 
the test methodology to determine compliance with the rule.
    (10) The State adopts and submits a regulation reflecting RACT for 
coke battery combustion stacks.
    (11) The State adopts and submits an acceptable test method for 
application of Rule 336.1331, Table 32 to quench towers, or, in the 
alternative, adopts and submits a limitation reflecting RACT for quench 
tower emissions based on the quantity of total dissolved solids in the 
quench water.
    (12) The State adopts and submits rules requiring RACT for scarfing 
emissions.
    (13) Part 10 Testing--The State adopts and submits the following 
clarifications to the test methods: (a) Testing of fugitive emissions 
from blast furnaces are conducted during the cast; (b) the starting and 
ending period is specified for basic oxygenfurnaces (for both primary 
and secondary emissions generating operations), electric arc furnaces 
and for each of the three emission points at sinter plants.
    (14) The State conducts additional particulate studies in the 
Detroit area by September, 1980.
    (c) Disapprovals. EPA disapproves the following specific revisions 
to the Michigan Plan:
    (1) The State submitted Consent Order No. 16-1982 on June 24, 1982, 
Great Lakes Steel, a Division of the National Steel Corporation as a 
revision to the Michigan State Implementation Plan. EPA disapproves this 
revision, because it does not satisfy all the requirements of EPA's 
proposed Emission Trading Policy Statement of April 7, 1982 (47 FR 
15076).
    (d) Approval--On April 29, 1988, the State of Michigan submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for Michigan's Group II 
areas. The Group II areas of concern are in the City of Monroe and an 
area surrounding the City of Carrollton. The committal SIP contains all 
the requirements identified in the July 1, 1987, promulgation of the SIP 
requirements for PM10 at 52 FR 24681.
    (e) [Reserved]
    (f) On July 24, 1995, the Michigan Department of Natural Resources 
requested the redesignation of Wayne County to attainment of the 
National Ambient Air Quality Standard for particulate matter. The 
State's maintenance plan is complete and the redesignation satisfies all 
of the requirements of the Act.
    (g) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the particulate State 
Implementation Plan for general conformity rules. The general conformity 
SIP revisions enable the State of Michigan to implement and enforce the 
Federal general conformity requirements in the nonattainment or 
maintenance areas at the State or local level in accordance with 40 CFR 
part 93, subpart B--Determining Conformity of General Federal Actions to 
State or Federal Implementation Plans.
    (h) Determination of Attainment. EPA has determined, as of November 
6, 2012, that based on 2009-2011 ambient air quality data, the Detroit-
Ann Arbor nonattainment area has attained the

[[Page 189]]

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.
    (i) Pursuant to Clean Air Act section 179(c), EPA has determined 
that the Detroit-Ann Arbor area attained the annual 1997 
PM2.5 NAAQS by the applicable attainment date, April 5, 2010.

[46 FR 27931, May 22, 1981, as amended at 49 FR 11834, Mar. 28, 1984; 50 
FR 33540, Aug. 20, 1985; 55 FR 17752, Apr. 27, 1990; 61 FR 40519, Aug. 
5, 1996; 61 FR 66609, Dec. 18, 1996; 77 FR 66547, Nov. 6, 2012]



Sec. 52.1174  Control strategy: Ozone.

    (a) Part D--Conditional Approval--Michigan Rules 336.1603 and 
336.1606 are approved provided that the following conditions are 
satisfied:
    (1) Rule 336.1606--The State either promulgates a rule with a 
120,000 gallon per year throughput exemption for gasoline dispensing 
facilities for sources located in Wayne, Macomb and Oakland Counties. 
The State must either submit the rule to USEPA or demonstrate that the 
allowable emissions resulting from the application of its existing rule 
with 250,000 gallon per year throughput exemption for gasoline 
dispensing facilities are less than five percent greater than the 
allowable emissions resulting from the application of the CTG 
presumptive norm. The State must comply with this condition by May 6, 
1981, and any necessary regulations must be finally promulgated by the 
State and submitted to USEPA by September 30, 1981.
    (b) Approval--On November 16, 1992, the Michigan Department of 
Natural Resources submitted Natural Resources Commission Rule 336.202 
(Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 
1991 Michigan Air Pollution Reporting Forms, Reference Tables, and 
General Instructions as the States emission statement program. Natural 
Resources Commission Rule 336.202 (Rule 2) became effective November 11, 
1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became 
effective July 23, 1965. These rules have been incorporated by reference 
at 40 CFR 52.1170(c)(93). On October 25, 1993, the State submitted the 
1993 Michigan Air Pollution Reporting Forms, Reference Tables, and 
General Instructions, along with an implementation strategy for the 
State's emission statement program.
    (c)(1) Approval--On January 5, 1993, the Michigan Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan (SIP) for the 1990 base year inventory. The inventory was submitted 
by the State of Michigan to satisfy Federal requirements under section 
182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a 
revision to the ozone SIP for the Grand Rapids and Muskegon areas in 
Michigan designated nonattainment, classified as moderate. These areas 
include counties of Muskegon, and the two county Grand Rapids area 
(which are the counties of Kent and Ottawa).
    (2) Approval--On November 12, 1993, the Michigan Department of 
Natural Resources submitted a petition for exemption from the oxides of 
nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor 
ozone nonattainment area. The submittal pertained to the exemption from 
the oxides of nitrogen requirements for conformity, inspection and 
maintenance, reasonably available control technology, and new source 
review. These are required by sections 176(c), 182(b)(4), and 182(f) of 
the 1990 amended Clean Air Act, respectively.
    (d) In a letter addressed to David Kee, EPA, dated March 30, 1994, 
Dennis M. Drake, State of Michigan, stated:
    (1) Michigan has not developed RACT regulations for the following 
industrial source categories, which have been addressed in Control 
Techniques Guidance (CTG) documents published prior to the Clean Air Act 
Amendments of 1990, because no affected sources are located in the 
moderate nonattainment counties:
    (i) Large petroleum dry cleaners;
    (ii) SOCMI air oxidation processes;
    (iii) High-density polyethylene and polypropylene resin 
manufacturing; and

[[Page 190]]

    (iv) Pneumatic rubber tire manufacturing.
    (2) (Reserved)
    (e) Approval--On July 1, 1994, the Michigan Department of Natural 
Resources submitted a petition for exemption from the oxides of nitrogen 
requirements of the Clean Air Act for the East Lansing ozone 
nonattainment area. The submittal pertained to the exemption from the 
oxides of nitrogen requirements for conformity and new source review. 
Theses are required by sections 176(c) and 182(f) of the 1990 amended 
Clean Air Act, respectively. If a violation of the ozone standard occurs 
in the East Lansing ozone nonattainment area, the exemption shall no 
longer apply.
    (f) Approval--On July 8, 1994, the Michigan Department of Natural 
Resources submitted a petition for exemption from the oxides of nitrogen 
requirements of the Clean Air Act for the Genesee County ozone 
nonattainment area. The submittal pertained to the exemption from the 
oxides of nitrogen requirements for conformity and new source review. 
These are required by sections 176(c) and 182(f) of the 1990 amended 
Clean Air Act, respectively. If a violation of the ozone standard occurs 
in the Genesee County ozone nonattainment area, the exemption shall no 
longer apply.
    (g) [Reserved]
    (h) Approval--On January 5, 1993, the Michigan Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan 
for the 1990 base year emission inventory. The inventory was submitted 
by the State of Michigan to satisfy Federal requirements under section 
182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the 
ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone 
nonattainment area. This area includes Livingston, Macomb, Monroe, 
Oakland, St. Clair, Washtenaw, and Wayne counties.
    (i) Approval--On November 12, 1993, the Michigan Department of 
Natural Resources submitted a request to redesignate the Detroit-Ann 
Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair, 
Washtenaw, and Wayne counties) ozone nonattainment area to attainment 
for ozone. As part of the redesignation request, the State submitted a 
maintenance plan as required by 175A of the Clean Air Act, as amended in 
1990. Elements of the section 175A maintenance plan include a base year 
(1993 attainment year) emission inventory for NOX and VOC, a 
demonstration of maintenance of the ozone NAAQS with projected emission 
inventories (including interim years) to the year 2005 for 
NOX and VOC, a plan to verify continued attainment, a 
contingency plan, and an obligation to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. If the area 
records a violation of the ozone NAAQS (which must be confirmed by the 
State), Michigan will implement one or more appropriate contingency 
measure(s) which are contained in the contingency plan. Appropriateness 
of a contingency measure will be determined by an urban airshed modeling 
analysis. The Governor or his designee will select the contingency 
measure(s) to be implemented based on the analysis and the MDNR's 
recommendation. The menu of contingency measures includes basic motor 
vehicle inspection and maintenance program upgrades, Stage I vapor 
recovery expansion, Stage II vapor recovery, intensified RACT for 
degreasing operations, NOX RACT, and RVP reduction to 7.8 
psi. The redesignation request and maintenance plan meet the 
redesignation requirements in sections 107(d)(3)(E) and 175A of the Act 
as amended in 1990, respectively. The redesignation meets the Federal 
requirements of section 182(a)(1) of the Clean Air Act as a revision to 
the Michigan Ozone State Implementation Plan for the above mentioned 
counties.
    (j) [Reserved]
    (k) Determination--USEPA is determining that, as of July 20, 1995, 
the Grand Rapids and Muskegon ozone nonattainment areas have attained 
the ozone standard and that the reasonable further progress and 
attainment demonstration requirements of section 182(b)(1) and related 
requirements of section 172(c)(9) of the Clean Air Act do not apply to 
the areas for so long as the areas do not monitor any violations of the 
ozone standard. If a violation of the ozone NAAQS is monitored

[[Page 191]]

in either the Grand Rapids or Muskegon ozone nonattainment area, the 
determination shall no longer apply for the area that experiences the 
violation.
    (l) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT), new 
source review (NSR), vehicle inspection/maintenance (I/M), and general 
conformity exemptions for the Grand Rapids (Kent and Ottawa Counties) 
and Muskegon (Muskegon County) moderate nonattainment areas as requested 
by the States of Illinois, Indiana, Michigan, and Wisconsin in a July 
13, 1994 submittal. This approval also covers the exemption of 
NOX transportation and general conformity requirements of 
section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch, 
Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham, 
Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph, 
Saginaw, Shiawasse, and Van Buren.
    (m) Approval--On November 24, 1994, the Michigan Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The submittal pertained to a plan for the implementation and 
enforcement of the Federal transportation conformity requirements at the 
State or local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation 
Plans, Programs, and Projects Developed, Funded or Approved Under Title 
23 U.S.C. or the Federal Transit Act.
    (n) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan for general conformity rules. The general conformity SIP revisions 
enable the State of Michigan to implement and enforce the Federal 
general conformity requirements in the nonattainment or maintenance 
areas at the State or local level in accordance with 40 CFR part 93, 
subpart B--Determining Conformity of General Federal Actions to State or 
Federal Implementation Plans.
    (o) Approval--On March 9, 1996, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Grand 
Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties) 
to attainment for ozone. As part of the redesignation request, the State 
submitted a maintenance plan as required by 175A of the Clean Air Act, 
as amended in 1990. Elements of the section 175A maintenance plan 
include an attainment emission inventory for NOX and VOC, a 
demonstration of maintenance of the ozone NAAQS with projected emission 
inventories to the year 2007 for NOX and VOC, a plan to 
verify continued attainment, a contingency plan, and a commitment to 
submit a subsequent maintenance plan revision in 8 years as required by 
the Clean Air Act. If a violation of the ozone NAAQS, determined not to 
be attributable to transport from upwind areas, is monitored, Michigan 
will implement one or more appropriate contingency measure(s) contained 
in the contingency plan. Once a violation of the ozone NAAQS is 
recorded, the State will notify EPA, review the data for quality 
assurance, and conduct a technical analysis, including an analysis of 
meteorological conditions leading up to and during the exceedances 
contributing to the violation, to determine local culpability. This 
preliminary analysis will be submitted to EPA and subjected to public 
review and comment. The State will solicit and consider EPA's technical 
advice and analysis before making a final determination on the cause of 
the violation. The Governor or his designee will select the contingency 
measure(s) to be implemented within 6 months of a monitored violation 
attributable to ozone and ozone precursors from the Grand Rapids area. 
The menu of contingency measures includes a motor vehicle inspection and 
maintenance program, Stage II vapor recovery, RVP reduction to 7.8 psi, 
RACT on major non-CTG VOC sources in the categories of coating of 
plastics, coating of wood furniture, and industrial cleaning solvents. 
The redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(E) and 175A of the Act as amended in 
1990, respectively. The redesignation meets the Federal requirements of 
section 182(a)(1) of the Clean Air Act as a revision to the Michigan

[[Page 192]]

Ozone State Implementation Plan for the above mentioned counties.
    (p) Approval--On November 22, 1995 the Michigan Department of 
Natural Resources submitted a petition for exemption from transportation 
conformity requirements for the Muskegon ozone nonattainment area. This 
approval exempts the Muskegon ozone nonattainment area from 
transportation conformity requirements under section 182(b)(1) of the 
Clean Air Act. If a violation of the ozone standard occurs in the 
Muskegon County ozone nonattainment area, the exemption shall no longer 
apply.
    (q) Correction of approved plan--Michigan air quality Administrative 
Rule, R336.1901 (Rule 901)--Air Contaminant or Water Vapor, has been 
removed from the approved plan pursuant to section 110(k)(6) of the 
Clean Air Act (as amended in 1990).
    (r) Approval--On March 9, 1995, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Muskegon 
County ozone nonattainment area to attainment. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by 175A of the Clean Air Act, as amended in 1990. Elements of 
the section 175A maintenance plan include a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If the area records a violation of the 
1-hour ozone NAAQS, determined not to be attributable to transport from 
upwind areas, Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes a motor vehicle inspection and maintenance 
program, stage II vapor recovery, a low Reid vapor pressure gasoline 
program, and rules for industrial cleanup solvents, plastic parts 
coating, and wood furniture coating.
    (s) Approval--On May 9, 2000, the State of Michigan submitted a 
revision to the Michigan State Implementation Plan for ozone containing 
a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay 
City areas as part of Michigan's request to redesignate the areas from 
nonattainment to attainment for ozone. Elements of the section 175A 
maintenance plan include a contingency plan, and an obligation to submit 
a subsequent maintenance plan revision in 8 years as required by the 
Clean Air Act. If monitors in any of these areas record a violation of 
the ozone NAAQS (which must be confirmed by the State), Michigan will 
adopt, submit to EPA, and implement one or more appropriate contingency 
measure(s) which are in the contingency plan and will submit a full 
maintenance plan under section 175A of the Clean Air Act. The menu of 
contingency measures includes a low Reid vapor pressure gasoline 
program, stage I gasoline vapor recovery, and rules for industrial 
cleanup solvents, plastic parts coating, and wood furniture coating.
    (t) Approval--On March 9, 1995, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Allegan 
County ozone nonattainment area to attainment. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by 175A of the Clean Air Act, as amended in 1990. Elements of 
the section 175A maintenance plan include a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If the area records a violation of the 
1-hour ozone NAAQS, determined not to be attributable to transport from 
upwind areas, Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes rules for plastic parts coating, wood 
furniture coating, and gasoline loading (Stage I vapor recovery).
    (u) Approval--On March 22, 2001, Michigan submitted a revision to 
the ozone maintenance plan for the Muskegon County area. The revision 
consists of allocating a portion of the Muskegon County area's Volatile 
Organic Compounds (VOC) and Oxides of Nitrogen (NOX) safety 
margin to the transportation conformity Motor Vehicle Emission Budget 
(MVEB). The MVEB for transportation conformity purposes for the Muskegon 
County area are now: 8.5 tons per day of VOC emissions and 10.2 tons per 
day of NOX emissions for

[[Page 193]]

the year 2010. This approval only changes the VOC and NOX 
transportation conformity MVEB for Muskegon County.
    (v) Approval--On December 19, 2003, Michigan submitted an update to 
the Section 175(A) maintenance plan for the Southeast Michigan 1-hour 
ozone maintenance area, which consists of Livingston, Macomb, Monroe, 
Oakland, St. Clair, Washtenaw, and Wayne counties. This update addresses 
the second 10-year period of maintenance of the ozone standard in 
Southeast Michigan, which spans the years 2005 through 2015. The 
maintenance plan also revises the Motor Vehicle Emissions Budget (MVEB). 
For the year 2005, the MVEB for VOC is 218.1 tons per day (tpd), and the 
MVEB for NOX is 412.9 tpd. For the year 2015, the MVEB for 
VOC is 172.8 tpd, and the MVEB for NOX is 412.9 tpd.
    (w) Approval--On June 17, 2005, the Michigan Department of 
Environmental Quality submitted a petition requesting the exemption from 
Clean Air Act oxides of nitrogen control requirements in six 8-hour 
ozone nonattainment areas. The Grand Rapids, Kalamazoo/Battle Creek, 
Lansing/East Lansing, Benzie County, Huron County, and Mason County 
nonattainment areas each receive an exemption. Section 182(f) of the 
1990 amended Clean Air Act authorizes the exceptions. The exemption will 
no longer apply in an area if it experiences a violation of the 8-hour 
ozone standard.
    (x) Approval--On May 9, 2006, Michigan submitted requests to 
redesignate the Grand Rapids (Kent and Ottawa Counties), Kalamazoo-
Battle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East 
Lansing (Clinton, Eaton, and Ingham Counties), Benzie County, Huron 
County, and Mason County areas to attainment of the 8-hour ozone 
National Ambient Air Quality Standard (NAAQS). The State supplemented 
its redesignation requests on May 26, 2006, and August 25, 2006. As part 
of its redesignation requests, the State submitted maintenance plans as 
required by section 175A of the Clean Air Act. Elements of the section 
175 maintenance plan include a contingency plan and an obligation to 
submit subsequent maintenance plan revisions in 8 years as required by 
the Clean Air Act. If monitors in any of these areas record a violation 
of the 8-hour ozone NAAQS, Michigan will adopt and implement one or more 
contingency measures. The list of possible contingency measures 
includes: Lower Reid vapor pressure gasoline requirements; reduced 
volatile organic compound (VOC) content in architectural, industrial, 
and maintenance coatings rule; auto body refinisher self-certification 
audit program; reduced VOC degreasing rule; transit improvements; diesel 
retrofit program; reduced VOC content in commercial and consumer 
products rule; and a program to reduce idling. Also included in the 
Michigan's submittal were motor vehicle emission budgets (MVEBs) for use 
to determine transportation conformity in the areas. For the Grand 
Rapids area, the 2018 MVEBs are 40.70 tpd for VOC and 97.87 tpd for 
oxides of nitrogen (NOX). For the Kalamazoo-Battle Creek 
area, the 2018 MVEBs are 29.67 tpd for VOC and 54.36 tpd for 
NOX. For the Lansing-East Lansing area, the 2018 MVEBs are 
28.32 tpd for VOC and 53.07 tpd for NOX. For the Benzie 
County area, the 2018 MVEBs are 2.24 tpd for VOC and 1.99 tpd for 
NOX. For the Huron County area, the 2018 MVEBs are 2.34 tpd 
for VOC and 7.53 tpd for NOX. For the Mason County area, the 
2018 MVEBs are 1.81 tpd for VOC and 2.99 tpd for NOX.
    (y) Approval--On June 13, 2006, Michigan submitted requests to 
redesignate the Flint (Genesee and Lapeer Counties), Muskegon (Muskegon 
County), Benton Harbor (Berrien County), and Cass County areas to 
attainment of the 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). The State supplemented its redesignation requests on August 25, 
2006, and November 30, 2006. As part of its redesignation requests, the 
State submitted maintenance plans as required by section 175A of the 
Clean Air Act. Elements of the section 175 maintenance plan include a 
contingency plan and an obligation to submit subsequent maintenance plan 
revisions in 8 years as required by the Clean Air Act. If monitors in 
any of these areas record a violation of the 8-hour ozone NAAQS, 
Michigan will adopt and implement one or more contingency measures.

[[Page 194]]

The list of possible contingency measures includes: Lower Reid vapor 
pressure gasoline requirements; reduced volatile organic compound (VOC) 
content in architectural, industrial, and maintenance coatings rule; 
auto body refinisher self-certification audit program; reduced VOC 
degreasing rule; transit improvements; diesel retrofit program; reduced 
VOC content in commercial and consumer products rule; and a program to 
reduce idling. Also included in the Michigan's submittal were motor 
vehicle emission budgets (MVEBs) for use to determine transportation 
conformity in the areas. For the Flint area, the 2018 MVEBs are 25.68 
tpd for VOC and 37.99 tpd for oxides of nitrogen (NOX). For 
the Muskegon area, the 2018 MVEBs are 6.67 tpd for VOC and 11.00 tpd for 
NOX. For the Benton Harbor area, the 2018 MVEBs are 9.16 tpd 
for VOC and 15.19 tpd for NOX. For the Cass County area, the 
2018 MVEBs are 2.76 tpd for VOC and 3.40 tpd for NOX.
    (z) Approval--On March 6, 2009, Michigan submitted a request to 
redesignate the Detroit-Ann Arbor area (Lenawee, Livingston, Macomb, 
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) to attainment 
of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). 
As part of its redesignation requests, the State submitted a maintenance 
plan as required by section 175A of the Clean Air Act. Elements of the 
section 175 maintenance plan include a contingency plan and an 
obligation to submit subsequent maintenance plan revisions in 8 years as 
required by the Clean Air Act. If monitors in any of these areas record 
a violation of the 8-hour ozone NAAQS, Michigan will adopt and implement 
one or more contingency measures. The list of possible contingency 
measures includes: Reduced VOC content in architectural, industrial, and 
maintenance (AIM) coatings rule; auto body refinisher self-certification 
audit program; reduced VOC degreasing/solvent cleaning rule; diesel 
retrofit program; reduced idling program; portable fuel container 
replacement rule; and, food preparation flame broiler control rule. Also 
included in the Michigan's submittal were a 2005 base year emissions 
inventory and motor vehicle emission budgets (MVEBs) for use to 
determine transportation conformity in the area. For the Detroit-Ann 
Arbor area, Michigan has established separate MVEBS for the Southeast 
Michigan Council of Governments (SEMCOG) region (Livingston, Macomb, 
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) and for 
Lenawee County. MDEQ has determined the 2020 MVEBs for the SEMCOG region 
to be 106 tons per day for VOC and 274 tpd for NOX. MDEQ has 
determined the 2020 MVEBs for Lenawee County to be 2.1 tpd for VOC and 
4.4 tpd for NOX.

[45 FR 58528, Sept. 4, 1980]

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



Sec. 52.1175  Compliance schedules.

    (a) The requirements of Sec. 51.15(a)(2) of this chapter as of May 
31, 1972, (36 FR 22398) are not met since Rule 336.49 of the Michigan 
Air Pollution Control Commission provides for individual compliance 
schedules to be submitted to the State Agency by January 1, 1974. This 
would not be in time for submittal to the Environmental Protection 
Agency with the first semiannual report.
    (b) [Reserved]
    (c) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (d) Federal compliance schedules. (1) Except as provided in 
paragraph (d)(3) of this section, the owner or operator of any 
stationary source subject to the following emission-limiting regulations 
in the Michigan implementation plan shall comply with the applicable 
compliance schedule in paragraph (d)(2) of this section: Air Pollution 
Control Commission, Department of Public Health, Michigan Rule 336.49.
    (2) Compliance schedules. (i) The owner or operator of any boiler or 
furnace of more than 250 million Btu per hour heat input subject to Rule 
336.49 and located in the Central Michigan Intrastate AQCR, South Bend-
Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR 
(as

[[Page 195]]

defined in part 81 of this title) shall notify the Administrator, no 
later than October 1, 1973, of his intent to utilize either low-sulfur 
fuel or stack gas desulfurization to comply with the limitations 
effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.
    (ii) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(i) of this section who elects to utilize low-sulfur 
fuel shall take the following actions with respect to the source no 
later than the dates specified.
    (a) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for 
at least one year thereafter.
    (b) December 31, 1973--Sign contracts with fuel suppliers for 
projected fuel requirements.
    (c) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (d) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (e) June 15, 1974--Initiate onsite modifications, if applicable.
    (f) March 31, 1975--Complete onsite modifications, if applicable.
    (g) July 1, 1975--Achieve final compliance with the applicable July 
1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
    (iii) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(i) of this section who elects to utilize stack gas 
desulfurization shall take the following actions with respect to the 
source no later than the dates specified.
    (a) November 1, 1973--Let necessary contracts for construction.
    (b) March 1, 1974--Initiate onsite construction.
    (c) March 31, 1975--Complete onsite construction.
    (d) July 1, 1975--Achieve final compliance with the applicable July 
1, 1975, emission limitation listed in Table 4 of Rule 336.49.
    (e) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1975. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (iv) The owner or operator of any boiler or furnace of more than 250 
million Btu per hour heat input subject to Rule 336.49 and located in 
the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor 
Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the 
Administrator, no later than January 31, 1974, of his intent to utilize 
either low-sulfur fuel or stack gas desulfurization to comply with the 
limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49.
    (v) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur 
fuel shall take the following actions with respect to the source no 
later than the dates specified.
    (a) October 15, 1976--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for 
at least one year thereafter.
    (b) December 31, 1976--Sign contracts with fuel suppliers for 
projected fuel requirements.
    (c) January 31, 1977--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (d) March 15, 1977--Let contracts for necessary boiler 
modifications, if applicable.
    (e) June 15, 1977--Initiate onsite modifications, if applicable.
    (f) March 31, 1978--Complete onsite modifications, if applicable.
    (g) July 1, 1978--Achieve final compliance with the applicable July 
1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
    (vi) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(iv) of this section who elects to utilize stack gas 
desulfurization shall take the following actions with regard

[[Page 196]]

to the source no later than the dates specified.
    (a) November 1, 1976--Let necessary contracts for construction.
    (b) March 1, 1977--Initiate onsite construction.
    (c) March 31, 1978--Complete onsite construction.
    (d) July 1, 1978--Achieve final compliance with the applicable July 
1, 1978, mission limitation listed in Table 4 of Rule 336.49.
    (e) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1978. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (vii) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to 
a source which is presently in compliance with Table 3 or Table 4 of 
Rule 336.49 and which has certified such compliance to the Administrator 
by October 1, 1973. The Administrator may request whatever supporting 
information he considers necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (4) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (d)(2) of this section fails to 
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this 
chapter.
    (e) The compliance schedules for the sources identified below are 
approved as meeting the requirements of Sec. 51.104 and subpart N of 
this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

                                                    Michigan
                                         [See footnotes at end of table]
----------------------------------------------------------------------------------------------------------------
                                                          Regulations        Date schedule     Final compliance
             Source                    Location            involved             adopted              date
----------------------------------------------------------------------------------------------------------------
                                                 berrien county
----------------------------------------------------------------------------------------------------------------
Conoco, Inc.....................  Berrien...........  R336.1603,          Sept. 26, 1981....  Dec. 31, 1982.
                                                       R336.1609.
----------------------------------------------------------------------------------------------------------------
                                                 calhoun county
----------------------------------------------------------------------------------------------------------------
Clark Oil and Refining Corp.....  Calhoun...........  R336.1603           May 14, 1982......  Dec. 31, 1982.
                                                       R336.1609.
----------------------------------------------------------------------------------------------------------------
                                                charlevoix county
----------------------------------------------------------------------------------------------------------------
Northern Michigan Electric        Boyne City........  336.1401 (336.49).  Jan. 10, 1980.....  Jan. 1, 1985.
 Cooperative Advance Steam Plant.
----------------------------------------------------------------------------------------------------------------
                                                 genesee county
----------------------------------------------------------------------------------------------------------------
Buick Motor Division............  City of Flint.....  R336.1301.........  May 5, 1980.......  Dec. 31, 1982.
GM Warehousing Dist. Div.         Genesee...........  R336.1331.........  Dec. 31, 1981.....  Oct. 15, 1983.
 Boilers 1 and 2.
GM Warehousing Dist. Div.         ......do..........  R336.1331.........  Dec. 1, 1981......  Oct. 15, 1981.
 Boilers 3 and 4.
----------------------------------------------------------------------------------------------------------------

[[Page 197]]

 
                                                  macomb county
----------------------------------------------------------------------------------------------------------------
New Haven Foundry...............  Macomb County.....  R336.1301,          Aug. 14, 1980.....  June 30, 1985.
                                                       R336.1331,
                                                       R336.1901.
----------------------------------------------------------------------------------------------------------------
                                                 midland county
----------------------------------------------------------------------------------------------------------------
Dow Chemical....................  Midland...........  R336.1301 and       July 21, 1982.....  Dec. 31, 1985.
                                                       R336.1331.
----------------------------------------------------------------------------------------------------------------
                                                  monroe county
----------------------------------------------------------------------------------------------------------------
Detroit Edison (Monroe plant)...  Monroe............  336.49............  July 7, 1977......  Jan. 1, 1985.
Dundee Cement Company...........  Dundee............  336.41, 44........  Oct. 17, 1979.....  Dec. 31, 1983.
                                                      (336.1301,
                                                       336.1331).
Union Camp......................  Monroe............  336.1401..........  Jan. 3, 1980......  Jan. 1, 1985.
                                                      (336.49)..........
----------------------------------------------------------------------------------------------------------------
                                                 muskegon county
----------------------------------------------------------------------------------------------------------------
Consumers Power Company (B. C.    Muskegon..........  336.1401..........  Dec. 10, 1979.....  Jan. 1, 1985.
 Cobb).                                               (336.49)..........
S. D. Warren Co.................  Muskegon..........  336.49 (336.1401).  Oct. 31, 1979.....  Nov. 1, 1984.
Marathon Oil....................  ......do..........  336.1603..........  July 31, 1981.....  Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
                                                 saginaw county
----------------------------------------------------------------------------------------------------------------
Grey Iron Casting and Nodular     Saginaw...........  R336.1301.........  Apr. 16, 1980.....  Dec. 31, 1982.
 Iron Casting Plants.
----------------------------------------------------------------------------------------------------------------
                                                  wayne county
----------------------------------------------------------------------------------------------------------------
Boulevard Heating Plant.........  Wayne.............  R336.1331.........  Apr. 28, 1981.....  Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
Footnotes:
\1\ For the attainment of the primary standard.
\2\ For the attainment of the secondary standard.
\3\ For the maintenance of the secondary standard.

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

                                                    Michigan
----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted
----------------------------------------------------------------------------------------------------------------
                                                   bay county
----------------------------------------------------------------------------------------------------------------
Consumer Power (Karn Plant)..........  Essexville.............  336.44.................  Sept. 18, 1973.
----------------------------------------------------------------------------------------------------------------
                                                  ottawa county
----------------------------------------------------------------------------------------------------------------
Consumer Power Co. (Campbell Plant     West Olive.............  336.44.................  Sept. 18, 1973.
 Units 1, 2).
----------------------------------------------------------------------------------------------------------------


[37 FR 10873, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1175, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

[[Page 198]]



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



Sec. Sec. 52.1177-52.1178  [Reserved]



Sec. 52.1179  Control strategy: Carbon monoxide.

    (a) Approval--On March 18, 1999, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Detroit CO 
nonattainment area (consisting of portions of Wayne, Oakland and Macomb 
Counties) to attainment for CO. As part of the redesignation request, 
the State submitted a maintenance plan as required by 175A of the Clean 
Air Act, as amended in 1990. Elements of the section 175A maintenance 
plan include a base year (1996 attainment year) emission inventory for 
CO, a demonstration of maintenance of the ozone NAAQS with projected 
emission inventories to the year 2010, a plan to verify continued 
attainment, a contingency plan, and an obligation to submit a subsequent 
maintenance plan revision in 8 years as required by the Clean Air Act. 
If the area records a violation of the CO NAAQS (which must be confirmed 
by the State), Michigan will implement one or more appropriate 
contingency measure(s) which are contained in the contingency plan. The 
menu of contingency measures includes enforceable emission limitations 
for stationary sources, transportation control measures, or a vehicle 
inspection and maintenance program. The redesignation request and 
maintenance plan meet the redesignation requirements in sections 
107(d)(3)(E) and 175A of the Act as amended in 1990.
    (b) Approval--On December 19, 2003, Michigan submitted a request to 
revise its plan for the Southeast Michigan CO maintenance area 
(consisting of portions of Wayne, Oakland and Macomb Counties). The 
submittal contains updated emission inventories for 1996 and 2010, and 
an update to the 2010 motor vehicle emissions budget (MVEB). The 2010 
MVEB is 3,842.9 tons of CO per day.

[70 FR 4023, Jan. 28, 2005]



Sec. 52.1180  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
State of Michigan.
    (c) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located in the State of Michigan 
shall be submitted to the state agency, Michigan Department of Natural 
Resources and Environment, Air Quality Division, P.O. Box 30028, 
Lansing, Michigan 48909, rather than to EPA's Region 5 office.

[45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980, as amended at 68 
FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003; 75 FR 55275, Sept. 
10, 2010]



Sec. 52.1181  Interstate pollution.

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

[46 FR 30084, June 5, 1981]



Sec. 52.1182  State boards.

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

[46 FR 30084, June 5, 1981]

[[Page 199]]



Sec. 52.1183  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 
51.302, 51.305, and 51.307 for protection of visibility in mandatory 
Class I Federal areas.
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26 and 52.28 are hereby incorporated and 
made a part of the applicable plan for the State of Michigan.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Michigan.
    (d) Regional Haze. The requirements of section 169A of the Clean Air 
Act are not met because the regional haze plan submitted by Michigan on 
November 5, 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.
    (e) 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 Michigan on November 
5, 2010, are satisfied by Sec. 52.1186.
    (f) 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 Michigan on November 
5, 2010, are satisfied by Sec. 52.1187.
    (g) The requirements of section 169A of the Clean Air Act are not 
met because the regional haze plan submitted on November 5, 2010, does 
not meet the best available retrofit technology requirements of 40 CFR 
51.308(e) with respect to emissions of NOX and SO2 
from Saint Marys Cement in Charlevoix and NOX from Escanaba 
Paper Company in Escanaba. These requirements for these two facilities 
are satisfied by 40 CFR 52.1183(h) and 40 CFR 52.1183(i), respectively.
    (h)(1) For the 30-day period beginning January 1, 2017, and 
thereafter, Saint Marys Cement, or any subsequent owner or operator of 
the Saint Marys Cement facility located in Charlevoix, Michigan, shall 
not cause or permit the emission of oxides of nitrogen (expressed as 
NO2) to exceed 2.80 lb per ton of clinker as a 30-day rolling 
average.
    (2) For the 12-month period beginning January 1, 2017, and 
thereafter, Saint Marys Cement, or any subsequent owner or operator of 
the Saint Marys Cement facility located in Charlevoix, Michigan, shall 
not cause or permit the emission of NOX (expressed as 
NO2) to exceed 2.40 lb per ton of clinker as a 12-month 
average.
    (3) Saint Marys Cement, or any subsequent owner or operator of the 
Saint Marys Cement facility located in Charlevoix, Michigan, shall not 
cause or permit the emission of SO2 to exceed 7.50 lb per ton 
of clinker as a 12-month average.
    (4) Saint Marys Cement, or any subsequent owner or operator of the 
Saint Marys Cement facility located in Charlevoix, Michigan, shall 
operate continuous emission monitoring systems to measure NOX 
and SO2 emissions from its kiln system in conformance with 40 
CFR part 60 appendix F procedure 1.
    (5) The reference test method for assessing compliance with the 
limit in paragraph (h)(1) of this section shall be use of a continuous 
emission monitoring system operated in conformance with 40 CFR part 60, 
appendix F, procedure 1. A new 30-day average shall be computed at the 
end of each calendar day in which the kiln operates, based on the 
following procedure: First, sum the total pounds of NOX 
(expressed as NO2) emitted during the operating day and the 
previous twenty-nine operating days, second, sum the total tons of 
clinker produced during the same period, and third, divide the total 
number of pounds by the total clinker produced during the thirty 
operating days.
    (6) The reference test method for assessing compliance with the 
limit in paragraphs (h)(2) and (h)(3) of this section shall be use of a 
continuous emission monitoring system operated in conformance with 40 
CFR part 60, appendix F, procedure 1. A new 12-month average shall be 
computed at the end of

[[Page 200]]

each calendar month, based on the following procedure: First, sum the 
total pounds of NOX or SO2, as applicable, emitted 
from the unit during the month and the previous eleven calendar months, 
second, sum the total tons of clinker production during the same period, 
and third, divide the total number of pounds of emissions of 
NOX or SO2, as applicable, by the total clinker 
production during the twelve calendar months.
    (7) Recordkeeping. The owner/operator shall maintain the following 
records for at least five years:
    (i) All CEMS data, including the date, place, and time of sampling 
or measurement; parameters sampled or measured; and results.
    (ii) All records of clinker production, which shall be monitored in 
accordance with 40 CFR 60.63.
    (iii) Records of quality assurance and quality control activities 
for emissions measuring systems including, but not limited to, any 
records required by 40 CFR part 60, appendix F, Procedure 1.
    (iv) Records of all major maintenance activities conducted on 
emission units, air pollution control equipment, CEMS and clinker 
production measurement devices.
    (v) Any other records required by 40 CFR part 60, subpart F, or 40 
CFR part 60, appendix F, procedure 1.
    (8) Reporting. All reports under this section shall be submitted to 
Chief, Air Enforcement and Compliance Assurance Branch, U.S. 
Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W. 
Jackson Blvd., Chicago, IL 60604-3590.
    (i) The owner/operator shall submit quarterly excess emissions 
reports for SO2 and NOX BART limits no later than 
the 30th day following the end of each calendar quarter. Excess 
emissions means emissions that exceed the emissions limits specified in 
paragraph (h)(1), (h)(2), and (h)(3) of this section. The reports shall 
include the magnitude, date(s), and duration of each period of excess 
emissions, specific identification of each period of excess emissions 
that occurs during startups, shutdowns, and malfunctions of the unit, 
the nature and cause of any malfunction (if known), and the corrective 
action taken or preventative measures adopted.
    (ii) Owner/operator of each unit shall submit quarterly CEMS 
performance reports, to include dates and duration of each period during 
which the CEMS was inoperative (except for zero and span adjustments and 
calibration checks), reason(s) why the CEMS was inoperative and steps 
taken to prevent recurrence, and any CEMS repairs or adjustments.
    (iii) The owner/operator shall also submit results of any CEMS 
performance tests required by 40 CFR part 60, appendix F, Procedure 1 
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder 
Gas Audits).
    (iv) When no excess emissions have occurred or the CEMS has not been 
inoperative, repaired, or adjusted during the reporting period, such 
information shall be stated in the quarterly reports required by 
paragraphs (h)(7)(i) and (ii) of this section.
    (i) Escanaba Paper Company, or any subsequent owner or operator of 
the Escanaba Paper Company facility in Escanaba, Michigan, shall meet 
the following requirements and shall not cause or permit the emission of 
NOX (expressed as NOX) to exceed the following 
limits:
    (1) For Boiler 8, designated as EU8B13, a rolling 30-day average 
limit of 0.35 lb per MMBTU.
    (2) A continuous emission monitoring system shall be operated to 
measure NOX emissions from Boiler 8 in conformance with 40 
CFR part 60, appendix F.
    (3) The reference test method for assessing compliance with the 
limit in paragraph (i)(1) of this section shall be a continuous emission 
monitoring system operated in conformance with 40 CFR part 60, appendix 
F. A new 30-day average shall be computed at the end of each calendar 
day in which the boiler operated, based on the following procedure: 
first, sum the total pounds of NOX emitted from the unit 
during the operating day and the previous twenty-nine operating days, 
second sum the total heat input to the unit in MMBTU during the same 
period, and third, divide the total number of pounds of NOX 
emitted by the total heat input during the thirty operating days.

[[Page 201]]

    (4) For Boiler 9, also identified as EU9B03, a limit of 0.27 lb per 
MMBTU.
    (5) The reference test method for assessing compliance with the 
limit in paragraph (i)(4) of this section shall be a test conducted in 
accordance with 40 CFR part 60, appendix A, Method 7.
    (6) Recordkeeping. The owner/operator shall maintain the following 
records regarding Boiler 8 and Boiler 9 for at least five years:
    (i) All CEMS data, including the date, place, and time of sampling 
or measurement; parameters sampled or measured; and results.
    (ii) All stack test results.
    (iii) Daily records of fuel usage, heat input, and data used to 
determine heat content.
    (iv) Records of quality assurance and quality control activities for 
emissions measuring systems including, but not limited to, any records 
required by 40 CFR part 60, appendix F, Procedure 1.
    (v) Records of all major maintenance activities conducted on 
emission units, air pollution control equipment, and CEMS.
    (vi) Any other records identified in 40 CFR 60.49b(g) or 40 CFR part 
60, appendix F, Procedure 1.
    (7) Reporting. All reports under this section shall be submitted to 
the Chief, Air Enforcement and Compliance Assurance Branch, U.S. 
Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W. 
Jackson Blvd., Chicago, IL 60604-3590.
    (i) Owner/operator of Boiler 8 shall submit quarterly excess 
emissions reports for the limit in paragraph (i)(1) no later than the 
30th day following the end of each calendar quarter. Excess emissions 
means emissions that exceed the emissions limit specified in paragraph 
(i)(1) of this section. The reports shall include the magnitude, 
date(s), and duration of each period of excess emissions, specific 
identification of each period of excess emissions that occurs during 
startups, shutdowns, and malfunctions of the unit, the nature and cause 
of any malfunction (if known), and the corrective action taken or 
preventative measures adopted.
    (ii) Owner/operator of Boiler 8 shall submit quarterly CEMS 
performance reports, to include dates and duration of each period during 
which the CEMS was inoperative (except for zero and span adjustments and 
calibration checks or when Boiler 8 is not operating), reason(s) why the 
CEMS was inoperative and steps taken to prevent recurrence, and any CEMS 
repairs or adjustments.
    (iii) Owner/operator of Boiler 8 shall also submit results of any 
CEMS performance tests required by 40 CFR part 60, appendix F, procedure 
1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder 
Gas Audits).
    (iv) When no excess emissions have occurred or the CEMS has not been 
inoperative, repaired, or adjusted during the reporting period, such 
information shall be stated in the quarterly reports required by 
paragraph (i)(7) of this section.
    (v) Owner/operator of Boiler 9 shall submit reports of any 
compliance test measuring NOX emissions from Boiler 9 within 
60 days of the last day of the test. If owner/operator commences 
operation of a continuous NOX emission monitoring system for 
Boiler 9, owner/operator shall submit reports for Boiler 9 as specified 
for Boiler 8 in paragraphs (i)(7)(i) to (i)(7)(iv) of this section.
    (j) [Reserved]
    (k) Tilden Mining Company, or any subsequent owner/operator of the 
Tilden Mining Company facility in Ishpeming, Michigan, shall meet the 
following requirements:
    (1) NOX Emission Limits. An emission limit of 1.5 lbs 
NOX/MMBtu, based on a 30-day rolling average, shall apply to 
the indurating furnace, Grate Kiln Line 1 (EUKILN1), beginning 26 months 
from March 8, 2013. However, for any 30, or more, consecutive days when 
only natural gas is used a limit of 1.2 lbs NOX/MMBtu, based 
on a 30-day rolling average, shall apply.
    (2) SO2 Emission Limits. A fuel sulfur content limit of no greater 
than 1.20 percent sulfur content by weight shall apply to fuel combusted 
in Process Boiler 1 (EUBOILER1) and Process Boiler 2 
(EUBOILER2) beginning 3 months from March 8, 2013. A fuel sulfur content 
limit of no greater than 1.50 percent sulfur content by weight shall 
apply to fuel combusted in the Line 1 Dryer (EUDRYER1) beginning 3

[[Page 202]]

months from March 8, 2013. The sampling and calculation methodology for 
determining the sulfur content of fuel must be described in the 
monitoring plan required at paragraph (n)(8)(x) of this section.
    (3) The owner or operator of the facility must switch Grate Kiln 
Line 1 (EUKILN1) to 100 percent natural gas beginning 1 year from March 
8, 2013. For the purposes of CEMS requirements, the compliance date by 
which the CEMS must be installed and operated for Tilden is one year 
from March 8, 2013. Within 26 months of March 8, 2013, the owner or 
operator must calculate and comply with an SO2 limit based on 
one year of hourly CEMS emissions data reported in lbs SO2/hr 
and submit such limit, calculations and CEMS data to EPA. This limit 
shall be calculated in terms of lbs SO2/hr, based on the 
following equations, with compliance to be determined on a 30-day 
rolling average.

m - (n + 1) * [alpha]

m = the rank of the ordered data point, when data is sorted smallest to 
          largest
n = number of data points
[alpha] = 0.95, to reflect the 95th percentile

    If m is a whole number, then the limit, UPL, shall be computed as:

UPL = Xm,
Where:

xm - value of the mth data point in terms of lbs SO2/hr, when 
          the data is sorted smallest to largest

    If m is not a whole number, the limit shall be computed by linear 
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.003

Where:

mt = the integer portion of m, i.e., m truncated at zero decimal places, 
          and
md = the decimal portion of m

    (4) Starting 26 months from March 8, 2013, records shall be kept for 
any day during which fuel oil is burned as fuel (either alone or blended 
with other fuels) in Grate Kiln Line 1. These records must include, at a 
minimum, the gallons of fuel oil burned per hour, the sulfur content of 
the fuel oil, and the SO2 emissions in pounds per hour.
    (5) Starting 26 months from March 8, 2013 for Grate Kiln Line 1, the 
SO2 limit does not apply for any hour in which it is 
documented that there is a natural gas curtailment, beyond Cliffs' 
control, necessitating that the supply of natural gas to Tilden's Line 1 
indurating furnace is restricted or eliminated. Records must be kept of 
the cause of the curtailment and duration of such curtailment. During 
such curtailment, the use of backup coal is restricted to coal with no 
greater than 0.60 percent sulfur by weight.
    (l) Testing and monitoring. (1) The owner or operator shall install, 
certify, calibrate, maintain and operate a Continuous Emissions 
Monitoring System (CEMS) for NOX on Tilden Mining Company 
unit EUKILN1. Compliance with the emission limits for NOX 
shall be determined using data from the CEMS.
    (2) The owner or operator shall install, certify, calibrate, 
maintain and operate a CEMS for SO2 on Tilden Mining Company 
unit EUKILN1. Compliance with the emission standard selected for 
SO2 shall be determined using data from the CEMS.
    (3) The owner or operator shall install, certify, calibrate, 
maintain and operate one or more continuous diluent monitor(s) 
(O2 or CO2) and continuous flow rate monitor(s) on 
Tilden Mining Company unit EUKILN1 to allow conversion of the 
NOX and SO2 concentrations to units of the 
standard (lbs/MMBtu and lbs/hr, respectively) unless a demonstration is 
made that a diluent monitor and continuous flow rate monitor are not 
needed for the owner or operator to demonstrate compliance with 
applicable emission limits in units of the standards.
    (4) For purposes of this section, all CEMS required by this section 
must meet the requirements of paragraphs (l)(4)(i)-(xiv) of this 
section.

[[Page 203]]

    (i) All CEMS must be installed, certified, calibrated, maintained, 
and operated in accordance with 40 CFR Part 60, Appendix B, Performance 
Specification 2 (PS-2) and Appendix F, Procedure 1.
    (ii) All CEMS associated with monitoring NOX (including 
the NOX monitor and necessary diluent and flow rate monitors) 
must be installed and operational no later than the compliance date for 
the emission limit identified at (k)(1). All CEMS associated with 
monitoring SO2 must be installed and operational no later 
than twelve months after March 8, 2013. Verification of the CEMS 
operational status shall, as a minimum, include completion of the 
manufacturer's written requirements or recommendations for installation, 
operation, and calibration of the devices.
    (iii) The owner or operator must conduct a performance evaluation of 
each CEMS in accordance with 40 CFR Part 60, Appendix B, PS-2. The 
performance evaluations must be completed no later than 60 days after 
the respective CEMS installation.
    (iv) The owner or operator of each CEMS must conduct periodic 
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in 
accordance with 40 CFR Part 60, Appendix F, Procedure 1. The first CEMS 
accuracy test will be a relative accuracy test audit (RATA) and must be 
completed no later than 60 days after the respective CEMS installation.
    (v) The owner or operator of each CEMS must furnish the Regional 
Administrator two, or upon request, more copies of a written report of 
the results of each performance evaluation and QA/QC check within 60 
days of completion.
    (vi) The owner or operator of each CEMS must check, record, and 
quantify the zero and span calibration drifts at least once daily (every 
24 hours) in accordance with 40 CFR Part 60, Appendix F, Procedure 1, 
Section 4.
    (vii) Except for CEMS breakdowns, repairs, calibration checks, and 
zero and span adjustments, all CEMS required by this section shall be in 
continuous operation during all periods of process operation of the 
indurating furnaces, including periods of process unit startup, 
shutdown, and malfunction.
    (viii) All CEMS required by this section must meet the minimum data 
requirements at paragraphs (l)(4)(viii)(A)-(C) of this section.
    (A) Complete a minimum of one cycle of operation (sampling, 
analyzing, and data recording) for each successive 15-minute quadrant of 
an hour.
    (B) Sample, analyze and record emissions data for all periods of 
process operation except as described in paragraph (l)(4)(viii)(C) of 
this section.
    (C) When emission data from CEMS are not available due to continuous 
monitoring system breakdowns, repairs, calibration checks, or zero and 
span adjustments, emission data must be obtained using other monitoring 
systems or emission estimation methods approved by the EPA. The other 
monitoring systems or emission estimation methods to be used must be 
incorporated into the monitoring plan required by this section and 
provide information such that emissions data are available for a minimum 
of 18 hours in each 24 hour period and at least 22 out of 30 successive 
unit operating days.
    (ix) Owners or operators of each CEMS required by this section must 
reduce all data to 1-hour averages. Hourly averages shall be computed 
using all valid data obtained within the hour but no less than one data 
point in each fifteen-minute quadrant of an hour. Notwithstanding this 
requirement, an hourly average may be computed from at least two data 
points separated by a minimum of 15 minutes (where the unit operates for 
more than one quadrant in an hour) if data are unavailable as a result 
of performance of calibration, quality assurance, preventive maintenance 
activities, or backups of data from data acquisition and handling 
systems, and recertification events.
    (x) The 30-day rolling average emission rate determined from data 
derived from the CEMS required by this section (in lbs/MMBtu or lbs/hr 
depending on the emission standard selected) must be calculated in 
accordance with paragraphs (l)(4)(x)(A)-(F) of this section.
    (A) Sum the total pounds of the pollutant in question emitted from 
the

[[Page 204]]

Unit during an operating day and the previous twenty-nine operating 
days.
    (B) Sum the total heat input to the unit (in MMBtu) or the total 
actual hours of operation (in hours) during an operating day and the 
previous twenty-nine operating days.
    (C) Divide the total number of pounds of the pollutant in question 
emitted during the thirty operating days by the total heat input (or 
actual hours of operation depending on the emission limit selected) 
during the thirty operating days.
    (D) For purposes of this calculation, an operating day is any day 
during which fuel is combusted in the BART affected Unit regardless of 
whether pellets are produced. Actual hours of operation are the total 
hours a unit is firing fuel regardless of whether a complete 24-hour 
operational cycle occurs (i.e. if the furnace is firing fuel for only 5 
hours during a 24-hour period, then the actual operating hours for that 
day are 5. Similarly, total number of pounds of the pollutant in 
question for that day is determined only from the CEMS data for the five 
hours during which fuel is combusted.)
    (E) If the owner or operator of the CEMS required by this section 
uses an alternative method to determine 30-day rolling averages, that 
method must be described in detail in the monitoring plan required by 
this section. The alternative method will only be applicable if the 
final monitoring plan and the alternative method are approved by EPA.
    (F) A new 30-day rolling average emission rate must be calculated 
for the period ending each new operating day.
    (xi) The 30-day rolling average removal efficiency determined from 
data derived from the CEMS required by this section must be calculated 
in accordance with paragraphs (l)(4)(xi)(A)-(G) of this section.
    (A) Calculate the 30-day rolling average emission rate described in 
paragraphs (l)(4)(x)(A)-(F) of this section at the inlet of the control 
device.
    (B) Calculate the 30-day rolling average emission rate described in 
paragraphs (l)(4)(x)(A)-(F) of this section at the outlet of the control 
device.
    (C) Subtract the 30-day rolling average emission rate determined at 
the outlet of the control device from the 30-day rolling average 
emission rate determined at the inlet of the control device.
    (D) Divide the result of paragraph (l)(4)(xi)(C) of this section by 
the 30-day rolling average emission rate determined at the inlet.
    (E) Multiply the result of paragraph (l)(4)(xi)(D) of this section 
by 100 to determine the 3-day rolling average percent removal 
efficiency.
    (F) If the owner or operator of the CEMS required by this section 
uses an alternative method to determine the 30-day rolling average 
removal efficiency, that method must be described in detail in the 
monitoring plan required by this section. The alternative method will 
only be applicable if the final monitoring plan and the alternative 
method are approved by EPA.
    (G) A new 30-day rolling average removal efficiency must be 
calculated for each new operating day.
    (xii) Data substitution must not be used for purposes of determining 
compliance under this section.
    (xiii) All CEMS data shall be reduced and reported in units of the 
applicable standard.
    (xiv) A Quality Control Program must be developed and implemented 
for all CEMS required by this section in accordance with 40 CFR Part 60, 
Appendix F, Procedure 1, Section 3. The program will include, at a 
minimum, written procedures and operations for calibration checks, 
calibration drift adjustments, preventative maintenance, data 
collection, recording and reporting, accuracy audits/procedures, 
periodic performance evaluations, and a corrective action program for 
malfunctioning CEMS.
    (m) Recordkeeping requirements. (1)(i) Records required by this 
section must be kept in a form suitable and readily available for 
expeditious review.
    (ii) Records required by this section must be kept for a minimum of 
5 years following the date of creation.
    (iii) Records must be kept on site for at least 2 years following 
the date of creation and may be kept offsite, but readily accessible, 
for the remaining 3 years.

[[Page 205]]

    (2) The owner or operator of the BART affected unit must maintain 
the records identified in paragraphs (m)(2)(i)-(xi) of this section.
    (i) A copy of each notification and report developed for and 
submitted to comply with this section including all documentation 
supporting any initial notification or notification of compliance status 
submitted, according to the requirements of this section.
    (ii) Records of the occurrence and duration of each startup, 
shutdown, and malfunction of the BART affected unit, air pollution 
control equipment, and CEMS required by this section.
    (iii) Records of activities taken during each startup, shutdown, and 
malfunction of the BART affected unit, air pollution control equipment, 
and CEMS required by this section.
    (iv) Records of the occurrence and duration of all major maintenance 
conducted on the BART affected unit, air pollution control equipment, 
and CEMS required by this section.
    (v) Records of each excess emission report, including all 
documentation supporting the reports, dates and times when excess 
emissions occurred, investigations into the causes of excess emissions, 
actions taken to minimize or eliminate the excess emissions, and 
preventative measures to avoid the cause of excess emissions from 
occurring again.
    (vi) Records of all CEMS data including, as a minimum, the date, 
location, and time of sampling or measurement, parameters sampled or 
measured, and results.
    (vii) All records associated with quality assurance and quality 
control activities on each CEMS as well as other records required by 40 
CFR Part 60, Appendix F, Procedure 1 including, but not limited to, the 
quality control program, audit results, and reports submitted as 
required by this section.
    (viii) Records of the NOX emissions during all periods of 
BART affected unit operation, including startup, shutdown and 
malfunction, in the units of the standard. The owner or operator shall 
convert the monitored data into the appropriate unit of the emission 
limitation using appropriate conversion factors and F-factors. F-factors 
used for purposes of this section shall be documented in the monitoring 
plan and developed in accordance with 40 CFR Part 60, Appendix A, Method 
19. The owner or operator may use an alternate method to calculate the 
NOX emissions upon written approval from EPA.
    (ix) Records of the SO2 emissions or records of the 
removal efficiency (based on CEMS data), depending on the emission 
standard selected, during all periods of operation, including periods of 
startup, shutdown and malfunction, in the units of the standard.
    (x) Records associated with the CEMS unit including type of CEMS, 
CEMS model number, CEMS serial number, and initial certification of each 
CEMS conducted in accordance with 40 CFR Part 60, Appendix B, 
Performance Specification 2 must be kept for the life of the CEMS unit.
    (xi) Records of all periods of fuel oil usage as required at 
paragraph (k)(4) of this section.
    (n) Reporting requirements. (1) All requests, reports, submittals, 
notifications, and other communications to the Regional Administrator 
required by this section shall be submitted, unless instructed 
otherwise, to the Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5 (A-18J) at 77 West Jackson Boulevard, 
Chicago, Illinois 60604. References in this section to the Regional 
Administrator shall mean the EPA Regional Administrator for Region 5.
    (2) The owner or operator of each BART affected unit identified in 
this section and CEMS required by this section must provide to the 
Regional Administrator the written notifications, reports and plans 
identified at paragraphs (n)(2)(i)-(viii) of this section. If acceptable 
to both the Regional Administrator and the owner or operator of each 
BART affected unit identified in this section and CEMS required by this 
section the owner or operator may provide electronic notifications, 
reports and plans.
    (i) A notification of the date construction of control devices and 
installation of burners required by this section commences postmarked no 
later than 30 days after the commencement date.

[[Page 206]]

    (ii) A notification of the date the installation of each CEMS 
required by this section commences postmarked no later than 30 days 
after the commencement date.
    (iii) A notification of the date the construction of control devices 
and installation of burners required by this section is complete 
postmarked no later than 30 days after the completion date.
    (iv) A notification of the date the installation of each CEMS 
required by this section is complete postmarked no later than 30 days 
after the completion date.
    (v) A notification of the date control devices and burners installed 
by this section startup postmarked no later than 30 days after the 
startup date.
    (vi) A notification of the date CEMS required by this section 
startup postmarked no later than 30 days after the startup date.
    (vii) A notification of the date upon which the initial CEMS 
performance evaluations are planned. This notification must be submitted 
at least 60 days before the performance evaluation is scheduled to 
begin.
    (viii) A notification of initial compliance, signed by the 
responsible official who shall certify its accuracy, attesting to 
whether the source has complied with the requirements of this section, 
including, but not limited to, applicable emission standards, control 
device and burner installations, CEMS installation and certification. 
This notification must be submitted before the close of business on the 
60th calendar day following the completion of the compliance 
demonstration and must include, at a minimum, the information at 
paragraphs (n)(2)(viii)(A)-(F) of this section.
    (A) The methods used to determine compliance.
    (B) The results of any CEMS performance evaluations, and other 
monitoring procedures or methods that were conducted.
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods.
    (D) The type and quantity of air pollutants emitted by the source, 
reported in units of the standard.
    (E) A description of the air pollution control equipment and burners 
installed as required by this section, for each emission point.
    (F) A statement by the owner or operator as to whether the source 
has complied with the relevant standards and other requirements.
    (3) The owner or operator must develop and implement a written 
startup, shutdown, and malfunction plan for NOX and 
SO2. The plan must include, at a minimum, procedures for 
operating and maintaining the source during periods of startup, 
shutdown, and malfunction; and a program of corrective action for a 
malfunctioning process and air pollution control and monitoring 
equipment used to comply with the relevant standard. The plan must 
ensure that, at all times, the owner or operator operates and maintains 
each affected source, including associated air pollution control and 
monitoring equipment, in a manner which satisfies the general duty to 
minimize or eliminate emissions using good air pollution control 
practices. The plan must ensure that owners or operators are prepared to 
correct malfunctions as soon as practicable after their occurrence.
    (4) The written reports of the results of each performance 
evaluation and QA/QC check in accordance with and as required by 
paragraph (l)(4)(v) of this section.
    (5) Compliance Reports. The owner or operator of each BART affected 
unit must submit semiannual compliance reports. The semiannual 
compliance reports must be submitted in accordance with paragraphs 
(n)(5)(i) through (iv) of this section, unless the Regional 
Administrator has approved a different schedule.
    (i) The first compliance report must cover the period beginning on 
the compliance date that is specified for the affected source through 
June 30 or December 31, whichever date comes first after the compliance 
date that is specified for the affected source.
    (ii) The first compliance report must be postmarked no later than 30 
calendar days after the reporting period

[[Page 207]]

covered by that report (July 30 or January 30), whichever comes first.
    (iii) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (iv) Each subsequent compliance report must be postmarked no later 
than 30 calendar days after the reporting period covered by that report 
(July 30 or January 30).
    (6) Compliance report contents. Each compliance report must include 
the information in paragraphs (n)(6)(i) through (vi) of this section.
    (i) Company name and address.
    (ii) Statement by a responsible official, with the official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (iii) Date of report and beginning and ending dates of the reporting 
period.
    (iv) Identification of the process unit, control devices, and CEMS 
covered by the compliance report.
    (v) A record of each period of a startup, shutdown, or malfunction 
during the reporting period and a description of the actions the owner 
or operator took to minimize or eliminate emissions arising as a result 
of the startup, shutdown or malfunction and whether those actions were 
or were not consistent with the source's startup, shutdown, and 
malfunction plan.
    (vi) A statement identifying whether there were or were not any 
deviations from the requirements of this section during the reporting 
period. If there were deviations from the requirements of this section 
during the reporting period, then the compliance report must describe in 
detail the deviations which occurred, the causes of the deviations, 
actions taken to address the deviations, and procedures put in place to 
avoid such deviations in the future. If there were no deviations from 
the requirements of this section during the reporting period, then the 
compliance report must include a statement that there were no 
deviations. For purposes of this section, deviations include, but are 
not limited to, emissions in excess of applicable emission standards 
established by this section, failure to continuously operate an air 
pollution control device in accordance with operating requirements 
designed to assure compliance with emission standards, failure to 
continuously operate CEMS required by this section, and failure to 
maintain records or submit reports required by this section.
    (7) Each owner or operator of a CEMS required by this section must 
submit quarterly excess emissions and monitoring system performance 
reports to the Regional Administrator for each pollutant monitored for 
each BART affected unit monitored. All reports must be postmarked by the 
30th day following the end of each three-month period of a calendar year 
(January-March, April-June, July-September, October-December) and must 
include, at a minimum, the requirements at paragraphs (n)(7)(i)-(xv).
    (i) Company name and address.
    (ii) Identification and description of the process unit being 
monitored.
    (iii) The dates covered by the reporting period.
    (iv) Total source operating hours for the reporting period.
    (v) Monitor manufacturer, monitor model number and monitor serial 
number.
    (vi) Pollutant monitored.
    (vii) Emission limitation for the monitored pollutant.
    (viii) Date of latest CEMS certification or audit.
    (ix) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (x) A table summarizing the total duration of excess emissions, as 
defined at paragraphs (n)(7)(x)(A)-(B) of this section, for the 
reporting period broken down by the cause of those excess emissions 
(startup/shutdown, control equipment problems, process problems, other 
known causes, unknown causes), and the total percent of excess emissions 
(for all causes) for the reporting period calculated as described at 
paragraph (n)(7)(x)(C) of this section.
    (A) For purposes of this section, an excess emission is defined as 
any 30-day rolling average period, including periods of startup, 
shutdown and malfunction, during which the 30-day rolling average 
emissions of either regulated

[[Page 208]]

pollutant (SO2 and NOX), as measured by a CEMS, 
exceeds the applicable emission standards in this section.
    (B) For purposes of this section, if a facility calculates a 30-day 
rolling average emission rate in accordance with this section which 
exceeds the applicable emission standards of this section, then it will 
be considered 30 days of excess emissions. If the following 30-day 
rolling average emission rate is calculated and found to exceed the 
applicable emission standards of this section as well, then it will add 
one more day to the total days of excess emissions (i.e. 31 days). 
Similarly, if an excess emission is calculated for a 30-day rolling 
average period and no additional excess emissions are calculated until 
15 days after the first, then that new excess emission will add 15 days 
to the total days of excess emissions (i.e. 30 + 15 = 45). For purposes 
of this section, if an excess emission is calculated for any period of 
time within a reporting period, there will be no fewer than 30 days of 
excess emissions but there should be no more than 121 days of excess 
emissions for a reporting period.
    (C) For purposes of this section, the total percent of excess 
emissions will be determined by summing all periods of excess emissions 
(in days) for the reporting period, dividing that number by the total 
BART affected unit operating days for the reporting period, and then 
multiplying by 100 to get the total percent of excess emissions for the 
reporting period. An operating day, as defined previously, is any day 
during which fuel is fired in the BART affected unit for any period of 
time. Because of the possible overlap of 30-day rolling average excess 
emissions across quarters, there are some situations where the total 
percent of excess emissions could exceed 100 percent. This extreme 
situation would only result from serious excess emissions problems where 
excess emissions occur for nearly every day during a reporting period.
    (xi) A table summarizing the total duration of monitor downtime, as 
defined at paragraph (n)(7)(xi)(A) of this section, for the reporting 
period broken down by the cause of the monitor downtime (monitor 
equipment malfunctions, non-monitor equipment malfunctions, quality 
assurance calibration, other known causes, unknown causes), and the 
total percent of monitor downtime (for all causes) for the reporting 
period calculated as described at paragraph (n)(7)(xi)(B) of this 
section.
    (A) For purposes of this section, monitor downtime is defined as any 
period of time (in hours) during which the required monitoring system 
was not measuring emissions from the BART affected unit. This includes 
any period of CEMS QA/QC, daily zero and span checks, and similar 
activities.
    (B) For purposes of this section, the total percent of monitor 
downtime will be determined by summing all periods of monitor downtime 
(in hours) for the reporting period, dividing that number by the total 
number of BART affected unit operating hours for the reporting period, 
and then multiplying by 100 to get the total percent of excess emissions 
for the reporting period.
    (xii) A table which identifies each period of excess emissions for 
the reporting period and includes, at a minimum, the information in 
paragraphs (n)(7)(xii)(A)-(F) of this section.
    (A) The date of each excess emission.
    (B) The beginning and end time of each excess emission.
    (C) The pollutant for which an excess emission occurred.
    (D) The magnitude of the excess emission.
    (E) The cause of the excess emission.
    (F) The corrective action taken or preventative measures adopted to 
minimize or eliminate the excess emissions and prevent such excess 
emission from occurring again.
    (xiii) A table which identifies each period of monitor downtime for 
the reporting period and includes, at a minimum, the information in 
paragraphs (n)(7)(xiii)(A)-(D) of this section.
    (A) The date of each period of monitor downtime.
    (B) The beginning and end time of each period of monitor downtime.
    (C) The cause of the period of monitor downtime.
    (D) The corrective action taken or preventative measures adopted for 
system repairs or adjustments to minimize or eliminate monitor downtime 
and prevent such downtime from occurring again.

[[Page 209]]

    (xiv) If there were no periods of excess emissions during the 
reporting period, then the excess emission report must include a 
statement which says there were no periods of excess emissions during 
this reporting period.
    (xv) If there were no periods of monitor downtime, except for daily 
zero and span checks, during the reporting period, then the excess 
emission report must include a statement which says there were no 
periods of monitor downtime during this reporting period except for the 
daily zero and span checks.
    (8) The owner or operator of each CEMS required by this section must 
develop and submit for review and approval by the Regional Administrator 
a site specific monitoring plan. The purpose of this monitoring plan is 
to establish procedures and practices which will be implemented by the 
owner or operator in its effort to comply with the monitoring, 
recordkeeping and reporting requirements of this section. The monitoring 
plan must include, at a minimum, the information at paragraphs 
(n)(8)(i)-(x) of this section.
    (i) Site specific information including the company name, address, 
and contact information.
    (ii) The objectives of the monitoring program implemented and 
information describing how those objectives will be met.
    (iii) Information on any emission factors used in conjunction with 
the CEMS required by this section to calculate emission rates and a 
description of how those emission factors were determined.
    (iv) A description of methods to be used to calculate emission rates 
when CEMS data is not available due to downtime associated with QA/QC 
events.
    (v) A description of the QA/QC program to be implemented by the 
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR Part 60, Appendix F, 
Procedure 1, Section 3.
    (vi) A list of spare parts for CEMS maintained on site for system 
maintenance and repairs.
    (vii) A description of the procedures to be used to calculate 30-day 
rolling averages and an example calculation which shows the algorithms 
used by the CEMS to calculate 30-day rolling averages.
    (viii) A sample of the document to be used for the quarterly excess 
emission reports required by this section.
    (ix) A description of the procedures to be implemented to 
investigate root causes of excess emissions and monitor downtime and the 
proposed corrective actions to address potential root causes of excess 
emissions and monitor downtime.
    (x) A description of the sampling and calculation methodology for 
determining the percent sulfur by weight as a monthly block average for 
coal used during that month.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
77 FR 33657, June 7, 2012; 77 FR 71550, Dec. 3, 2012; 78 FR 8733, Feb. 
6, 2013]



Sec. 52.1184  Small business stationary source technical and 
environmental compliance assistance program.

    The Michigan program submitted on November 13, 1992, January 8, 
1993, and November 12, 1993, as a requested revision to the Michigan 
State Implementation Plan satisfies the requirements of section 507 of 
the Clean Air Act Amendments of 1990.

[59 FR 28788, June 3, 1994]



Sec. 52.1185  Control strategy: Carbon monoxide.

    (a) Approval--On November 24, 1994, the Michigan Department of 
Natural Resources submitted a revision to the carbon monoxide State 
Implementation Plan. The submittal pertained to a plan for the 
implementation and enforcement of the Federal transportation conformity 
requirements at the State or local level in accordance with 40 CFR part 
51, subpart T--Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Developed, Funded or 
Approved Under Title 23 U.S.C. or the Federal Transit Act.
    (b) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the carbon monoxide State 
Implementation Plan for general conformity rules. The general conformity 
SIP revisions

[[Page 210]]

enable the State of Michigan to implement and enforce the Federal 
general conformity requirements in the nonattainment or maintenance 
areas at the State or local level in accordance with 40 CFR part 93, 
subpart B--Determining Conformity of General Federal Actions to State or 
Federal Implementation Plans.

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



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

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

[[Page 211]]

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 Michigan 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 Michigan'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 Michigan's SIP.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this 
section, if, at the time of the approval of Michigan's SIP revision 
described in paragraph (d)(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.
    (e)(1) The owner and operator of each source and each unit located 
in the State of Michigan 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 Michigan'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 Michigan's SIP.
    (2) Notwithstanding the provisions of paragraph (e)(1) of this 
section, if, at the time of the approval of Michigan's SIP revision 
described in paragraph (e)(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 62350, Nov. 2, 2007, as amended at 76 FR 48367, Aug. 8, 2011; 76 
FR 80774, Dec. 27, 2011]



Sec. 52.1187  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 Michigan and for which requirements are set forth 
under the Federal CAIR SO2 Trading Program in subparts AAA 
through III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the

[[Page 212]]

promulgation of an approval by the Administrator of a revision to the 
Michigan State Implementation Plan as meeting the requirements of CAIR 
for PM2.5 relating to SO2 under Sec. 51.124 of 
this chapter, except to the extent the Administrator's approval is 
partial or conditional or unless such approval is under Sec. 51.124(r) 
of this chapter.
    (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.
    (c)(1) The owner and operator of each source and each unit located 
in the State of Michigan 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 Michigan'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 Michigan's SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this 
section, if, at the time of the approval of Maryland's SIP revision 
described in paragraph (c)(1) 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.

[72 FR 62350, Nov. 2, 2007, as amended at 76 FR 48368, Aug. 8, 2011]



Sec. 52.1188  [Reserved]



Sec. 52.1190  Original Identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Michigan'' and all revisions submitted by Michigan that 
were federally approved prior to August 1, 2006.
    (b) The plan was officially submitted on February 3, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Re-evaluation of control strategies for Berrien and Ingham 
Counties were submitted on March 3, 1972, by the State Air Pollution 
Office.
    (2) Amendments to the Michigan air pollution rules for the control 
of SO2 emissions (Part 3) and the prevention of air pollution 
episodes (Part 6) submitted by the Governor on March 30, 1972.
    (3) An amendment to the Grand Rapids air pollution ordinance 
(section 9.35 and section 9.36) was submitted on May 4, 1972, by the 
Grand Rapids Department of Environmental Protection.
    (4) Reasons and justifications concerning general requirements of 
control strategy for nitrogen dioxide, compliance schedules, and review 
of new sources and modifications submitted on July 12, 1972, by the 
Governor.
    (5) A letter from the State Department of Public Health submitted on 
July 24, 1972, described how emissions data would be made available to 
the public.
    (6) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on February 16, 1973.

[[Page 213]]

    (7) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on May 4, 1973.
    (8) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on September 19, 1973.
    (9) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on October 23, 1973.
    (10) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on December 13, 1973.
    (11) Air Quality Maintenance Area identifications were submitted on 
June 27, 1974, by the State of Michigan Department of Natural Resources.
    (12) Air Quality Maintenance Area identifications were submitted on 
October 18, 1974, by the State of Michigan Department of Natural 
Resources.
    (13) Provisions to disapprove an installation permit if the 
applicant source would interfere with the attainment or maintenance of 
national air quality standards were submitted by the Governor on January 
25, 1974.
    (14) Order extending the final compliance dates for meeting the 
sulfur dioxide emission limitation was submitted by the Michigan 
Department of Natural Resources for the Karn, Weadock and Cobb Plant 
Units of the Consumers Power Co.
    (15) Order extending compliance date for meeting the sulfur dioxide 
emission limitation was submitted by the State of Michigan Department of 
Natural Resources for the Detroit Edison Company, Monroe County Plant on 
December 12, 1977.
    (16) On April 25, 1979, the State submitted its nonattainment area 
plan for areas designated nonattainment as of March 3, 1978 and as 
revised on October 5, 1978. This submittal contained Michigan's Part D 
attainment plans for particulate matter, carbon monoxide, sulfur 
dioxide, transportation and new source review, plus a copy of Michigan's 
existing and proposed regulations. USEPA is not taking action at this 
time to include in the federally approved SIP certain portions of the 
submittal: Provisions in R 336.1310 concerning open burning; 336.1331, 
insofar as it may pertain to process sources in the iron and steel 
category and site specific revisions; 1349, 1350, 1351, 1352, 1353, 
1354, 1355, 1356 and 1357 as they pertain to specific iron and steel 
source operations; Part 5, Extension of Sulfur Dioxide Compliance Date 
for Power Plants Past January 1, 1980; Part 7, Emission Limitations and 
Prohibitions--New Sources of Volatile Organic Compound Emissions; 
R336.1701-1710 controlling minor sources of volatile organic compounds; 
Part 11, Continuous Emission Monitoring; Part 13, Air Pollution 
Episodes; Part 16, Organization and Procedures; and Part 17, Hearings.
    (17) On October 12, 1979, the State submitted comments and 
commitments in response to USEPA's notice of proposed rulemaking.
    (18) On January 9, 1980, the State submitted a copy of the finally 
adopted rules of the Commission. These rules became fully effective on 
January 18, 1980. These finally adopted rules are identical to the rules 
submitted on April 25, 1979, as part of Michigan's Part D nonattainment 
area plan except for a modification in the numbering system. Paragraph 
(c)(16) of this subpart identifies those rules on which USEPA has not 
taken action.
    (19) On February 6, 1980, the State submitted the visible emission 
test method for stationary sources referenced in Rule 336.1303 as being 
on file with the Michigan Air Pollution Control Commission. On March 7, 
1980, the State submitted clarifications to the visible emissions test 
method.
    (20) On March 31, 1980, the State submitted revisions to the 
conditional approval schedules for total suspended particulates.
    (21) On July 25, 1979, the State submitted the official ozone 
attainment plan as part of the State Implementation Plan.
    (22) On October 26, 1979, the State submitted comments and revisions 
to the transportation plans and vehicle inspection/maintenance portions 
of the State Implementation Plan for ozone in response to USEPA's notice 
of proposed rulemaking (45 FR 47350).
    (23) On November 8, 1979, the State submitted revisions to the ozone 
attainment plan.

[[Page 214]]

    (24) On December 26, 1979, the State submitted comments and 
additional information from the lead local agencies on the 
transportation control plans for the Flint, Lansing, Grand Rapids and 
Detroit urban areas.
    (25) On May 12, 1980, the State submitted corrections and comments 
in response to USEPA's notice of proposed rulemaking (45 FR 25087).
    (26) On March 20, 1980, the State submitted commitments and 
additional revisions to the Inspection/Maintenance program for the 
Detroit urban area.
    (27) On February 23, 1979, compliance schedules were submitted by 
the State of Michigan, Department of Natural Resources to USEPA for the 
Detroit Edison, St. Clair Power Plant. Additional material concerning 
the Final Order issued to the Detroit Edison, St. Clair Power Plant was 
submitted on June 17, 1979 and August 14, 1979.
    (28) On August 22, 1979, the State of Michigan submitted to USEPA an 
Administrative Order, for the Lansing Board of Water and Light (Order 
No. 4-1979, adopted May 23, 1979). In letters dated February 13, 1980 
and April 1, 1980, the State of Michigan withdrew certain paragraphs 
(sections A, B, C1, D, E, F, and G) of the Order from consideration by 
USEPA.
    (29) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources to USEPA on October 26, 1979, for the 
Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 08-
1979, adopted October 17, 1979).
    (30) On July 26, 1979, the State of Michigan submitted to USEPA a 
revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell 
Plant. The revision is a Final Order (No. 05-1979) extending the 
compliance date until January 1, 1985 for the Campbell Plant to meet the 
sulfur dioxide emission limitations in Rule 336.49. On February 14, 
1980, the State of Michigan submitted to USEPA an amendment to Order No. 
05-1979.
    (31) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources to USEPA on November 13, 1979, for the 
S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09-
1979, adopted October 31, 1979).
    (32) On December 19, 1979, the State of Michigan submitted a 
revision to provide for modification of the existing air quality 
surveillance network.
    (33) On December 10, 1979, the State of Michigan submitted to USEPA 
a Final Order (APC No. 6-1979) issued by the Michigan Air Pollution 
Control Commission to the Consumers Power Company B.C. Cobb Plant. The 
Order requires the source to utilize 2.5% sulfur on an annual basis 
until January 1, 1985 when the company must meet the sulfur dioxide 
(SO2) emission limitation in Michigan Rule 336.1401.
    (34) On January 8, 1980, the State of Michigan submitted to USEPA a 
Final Order (APC No. 14-1979) requested of the Michigan Air Pollution 
Control Commission (MAPCC) by the Union Camp Corporation in Monroe 
County, Michigan. The Order permitted the Union Camp Corporation to burn 
2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily 
average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980 
until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on 
an annual average and 4.0% sulfur fuel daily average. Beginning July 1, 
1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur 
fuel annual average and 3.5% sulfur fuel daily average. After January 1, 
1985; the Company has agreed to comply with the SO2 emission 
limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.
    (35) On August 4, 1980 and August 8, 1980, the State of Michigan 
submitted to EPA additional information on the transportation control 
plan for the Niles, Michigan urbanized area.
    (36) On January 10, 1980, the State of Michigan submitted to USEPA a 
Final Order (APC No. 16-1979) issued by the Michigan Air Pollution 
Control Commission to the Northern Michigan Electric Cooperative Advance 
Steam Plant. The Order allows the source to continue burning 2.0% sulfur 
coal (maximum daily average) until January 1, 1985 when the Company must 
meet the sulfur dioxide (S02) emission limitations in Michigan Rule 
336.1401.
    (37) On November 26, 1980, the State submitted a schedule to correct 
plan

[[Page 215]]

deficiencies cited by USEPA in its September 9, 1980 notice of proposed 
rulemaking on a portion of Michigan's Part D TSP control strategy 
pertaining to iron and steel sources. On April 1, 1981, the State 
submitted a revised schedule. USEPA has not taken action on the schedule 
submitted by the State.
    (38) On April 10, 1981 the Governor of Michigan committed to 
annually administer and submit the questionnaire developed for the 
purposes of section 128.
    (39) On July 28, 1980, the State of Michigan submitted to EPA, as 
revisions to the Michigan SIP, amendments to Rules 283 and 610 of the 
Michigan Air Pollution Control Commission.
    (40) Revised compliance schedules were submitted by the State of 
Michigan, Department of Natural Resources (MDNR) to EPA on January 14, 
1981, for the Dundee Cement Company, Monroe County (Michigan Final 
Order, APC No. 16--1980, adopted November 19, 1980). The revised Order 
provides an earlier final compliance date of December 31, 1980 for 
reducing the particulate matter emissions to 0.20 pounds per 1,000 
pounds of exhaust gases and December 31, 1981 for visible emission 
reductions from the Company's cement kilns.
    (41) On April 25, 1979, the State submitted materials which satisfy 
the intergovernmental consultation process.
    (42) On July 28, 1980, the State submitted an amendment to Michigan 
Air Pollution Control Commission Rule 221 which exempts minor sources of 
particulate matter and sulfur dioxide from the offset requirements.
    (43) On August 25, 1981, the State of Michigan, Department of 
Natural Resources (MDNR), submitted to EPA Consent Order No. 16-1981 for 
the Marathon Oil Company in Muskegon County. Consent Order No. 16-1981 
satisfies USEPA's conditional approval of R336.1603 by providing 
detailed compliance schedules containing the increments of progress 
required by 40 CFR 51.15.
    (44) On September 1, 1981, the State of Michigan, Department of 
Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220 
requiring offsets in ozone nonattainment areas to exempt the same 
compounds listed in EPA's Federal Register of July 22, 1980 (45 FR 
48941). The revised R336.1220 also allows offsets of emissions for new 
sources in any of the seven counties in the southeastern Michigan ozone 
nonattainment area to be obtained from any of those counties, not just 
the county in which the new source is locating (Wayne, Oakland, Macomb, 
St. Clair, Washtenaw, Livingston, and Monroe).
    (45) On May 24, 1980, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 10-1979 for the Buick 
Motor Division Complex (BMDC) of the Buick Motors Division, General 
Motors Corporation. The BMDC is located in the City of Flint, Genesee 
County, a primary nonattainment area. On December 2, 1980, supplementary 
information was submitted by MDNR. The Consent Order contains 
enforceable emission limitations and control measures for the attainment 
of the primary TSP standards in Genesee County by December 31, 1982.
    (46) On July 17, 1980, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 01-1980 for the Grey 
Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet 
Motor Division, General Motors Corporation. The two plants are located 
in Saginaw County, a primary nonattainment area. On September 5, 1980 
and February 6, 1981, supplementary information was submitted by MDNR. 
The Consent Order contains enforceable emission limitations and control 
measures for the attainment of the primary TSP standards in Saginaw 
County by December 31, 1982.
    (47) On March 4, 1981, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 12-1980 for the New 
Haven Foundry located in Macomb County, a secondary nonattainment area. 
The Consent Order contains enforceable emission reductions to achieve 
the secondary TSP standards by June 30, 1985.
    (48) On May 1, 1981, the State of Michigan, through the Department 
of Natural Resources, submitted Consent

[[Page 216]]

Order 07-1981 for the Detroit Edison Company, Boulevard Heating Plant 
located in the City of Detroit, Wayne County. Under Michigan Rule 
336.1331(1)(a), the plant was restricted to a particulate emission limit 
of 0.45 pounds of particulate per 1000 pounds flue gas or an equivalent 
of 410 tons per year. The Consent Order, pursuant to Michigan Rule 
333.1331(1)(d), establishes a new limitation for the Boulevard Plant of 
0.65 pounds per 1000 pounds of flue gas with a daily limit of 0.9 tons 
per day and 10 tons per year.

Pursuant to the provisions of 5 U.S.C. 605(b), the Administrator 
certified on January 27, 1981 (46 FR 8709) that the attached rule will 
not have a significant economic impact on a substantial number of small 
entities.
    (49) On March 7, 1980 and April 21, 1981 the State of Michigan 
submitted particulate studies for the Detroit area. These studies 
satisfy EPA's conditional approval and the State's commitment.
    (50) On October 22, 1981, the State of Michigan submitted as a SIP 
revision Consent Order No. 17-1981, between Conoco, Inc., and the 
Michigan Air Pollution Control Commission. The Consent Order establishes 
a compliance schedule for Conoco, Inc. to achieve the Volatile Organic 
Compounds (VOC) limitations in R336.1609 by December 31, 1982.
    (51) On December 27, 1979, the State of Michigan, Department of 
Natural Resources (MDNR), submitted to EPA a revision to the State 
Implementation Plan (SIP) for Lead. On February 9, 1981, the State of 
Michigan submitted a letter clarifying provisions of its Lead SIP. The 
SIP provides for the implementation of measures for controlling lead 
emissions for the attainment and maintenance of the national ambient air 
quality standards for lead in Michigan by October 31, 1982.
    (52) On June 26, 1981, the State of Michigan, Department of Natural 
Resources, submitted to EPA Consent Order No. 12-1981 for controlling 
particulate emissions from the liquid waste incinerator in Building 830 
at the Dow Chemical Company's Midland plant. The Consent Order provides 
a schedule which establishes a final particulate emissions compliance 
date of October 1, 1982.
    (53) On August 24, 1981, the State of Michigan, Department of 
Natural Resources, submitted to EPA Consent Order APC No. 19-1981 for 
controlling particulate emissions from Dow's West Side and South Side 
powerplants. On October 16, 1981, the State of Michigan submitted a 
letter to EPA clarifying specific sections intended for EPA's rulemaking 
action. All particulate emission sources at Dow must comply with various 
parts of Michigan's SIP by December 31, 1985. The Consent Order does not 
interfere with the attainment of the primary particulate NAAQS standard 
by December 31, 1982 or the secondary particulate NAAQS by October 1, 
1984.
    (54) On December 16, 1981, the State of Michigan submitted to EPA 
Consent Order APC No. 21-1981 for the Monitor Sugar Company. Consent 
Order APC No. 21-1981 provides for additional controls on its coal-fired 
boilers, 1, 2, 3, and 4 and establishes a final compliance date of 
October 15, 1982 for attaining the primary National Ambient Air Quality 
Standards.
    (55) On January 7, 1982, the State of Michigan submitted to EPA 
Consent Order APC No. 23-1981 for the Traverse City Board of Light and 
Power. Consent Order APC No. 23-1981 limits the company's operation of 
its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides 
for additional controls on its No. 4 coal-fired boiler; and establishes 
a final compliance date of December 31, 1982.
    (56) On September 2, 1981, the State of Michigan submitted a 
revision to the ozone plan consisting of RACT requirements for the 
control of volatile organic compound emissions from stationary 
industrial sources (Group II) referenced in Rules R336.1101-3, 5-9, 14-
16, 18-21, 23; R336.1601, 3-4, 10, 19-27; and R336.2005.
    (57) On March 3, 1982, the State of Michigan submitted a 
modification to its schedule for submitting by December 31, 1982 
regulations developed to correct the State's deficiencies in its Part D 
State Implementation Plan for the attainment of the total suspended 
particulate air quality standards in its

[[Page 217]]

nonattainment areas containing iron and steel sources.
    (58) On December 16, 1981, the State of Michigan submitted as a SIP 
revision consent order APC No. 18-1981 between General Motors 
Warehousing and Distribution Division and the Michigan Air Pollution 
Control Commission. On March 16, 1982, Michigan submitted an amendment 
to consent order APC No. 18-1981. The Consent Order provides a one year 
extension from October 15, 1982 until October 15, 1983 for the Company's 
No. 1 and No. 2 boilers and establishes a compliance date of October 15, 
1981, for boilers 3 and 4. The Consent Order contains a schedule for 
compliance which specifies emission limits of 0.45 pounds of particulate 
per 1,000 pounds of gas as required in Michigan's rule 336.1331(c) Table 
31.
    (59) [Reserved]
    (60) On April 5, 1982, the State of Michigan submitted Consent Order 
APC No. 02-1980 along with alterations to Section 5(D) of the Consent 
Order for the Hayes-Albion foundry in Calhoun County. The Consent Order 
contains control measures beyond the present requirements of Michigan's 
R336.1301 and R336.1331 for Total Suspended Particulate (TSP) emissions 
and evaluation methods for determining significant particulate emission 
sources from the foundry. On June 18, 1982, the State of Michigan also 
submitted a Fugitive Dust Control Plan and a Malfunction Abatement Plan 
for the Hayes-Albion foundry. On September 21, 1982, the State of 
Michigan formally submitted Permits 314-79 and 375-79 for the American 
Colloid Plant.
    (61) On March 6, 1981, the State of Michigan submitted as a SIP 
revision general rules for fugitive dust control. These rules were 
approved by the Michigan Air Pollution Control Commission on January 20, 
1981, and became effective at the State level on February 17, 1981. On 
January 25, 1982, May 3, 1982, and August 24, 1982, Michigan submitted 
additional information and commitments. The submittal of March 6, 1981, 
along with the additional information and commitments satisfies the 
State's commitment to submit industrial fugitive dust regulations that 
represent reasonably available control techniques for industrial 
fugitive dust sources.
    (62) On July 28, 1982, the State of Michigan submitted Consent Order 
No. 06-1981 for the Clark Oil and Refining Corporation for volatile 
organic compound (VOC) emissions. This revision is a detailed compliance 
schedule containing increments of progress with a final compliance date 
of December 31, 1982 and an emission limitation of 0.7 pound of organic 
vapor per 1000 gallons of organic compound load.
    (63) On September 8, 1982, the State of Michigan submitted as a SIP 
revision Consent Order No. 03-1982, between the Hydra-Matic Division, 
General Motors Corporation and the Michigan Air Pollution Control 
Commission. The Consent Order establishes a compliance schedule 
containing increments of progress dates and a final date of November 1, 
1982 for Boiler No. 5 to comply with Michigan's R336.331.
    (64) On September 21, 1982, the State of Michigan submitted as a SIP 
revision Consent Order No. 13-1982, between the Diamond Crystal Salt and 
the Michigan Air Pollution Control Commission, the Consent Order 
establishes a compliance schedule containing increments of progress 
dates and a final date of December 18, 1982 for Boiler No. 5 to comply 
with Michigan's R336.331.
    (65) [Reserved]
    (66) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision consent order No. 08-1982, 
between the General Motors, Buick Motor Division and the Michigan Air 
Pollution Control Commission. The Consent Order establishes a Volatile 
Organic Compound (VOC) emissions compliance schedule as required under 
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance 
date for surface coating operations until December 31, 1987. On November 
29, 1982, and March 10, 1983, the State submitted additional 
information.
    (67) On September 8, 1982, the State of Michigan submitted Consent 
Order No. 09-1982, between the General Motors, Fisher Body Division and 
the Michigan Air Pollution Control Commission as a State Implementation 
Plan (SIP) revision. The Consent Order

[[Page 218]]

establishes a Volatile Organic Compound (VOC) emission compliance 
schedule as required under Michigan's Rule 336.1603 and 336.1610, and 
extends the compliance date for surface coating operations until 
December 31, 1987. On November 29, 1982, and March 10, 1983, the State 
submitted additional information.
    (68) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 10-1982, 
between Chevrolet Truck Assembly and the Michigan Air Pollution Control 
Commission. The Consent Order establishes a Volatile Organic Compound 
(VOC) emission compliance schedule as required under Michigan's Rule 
336.1603 and 336.1610, and extends the compliance date for surface 
coating operations until December 31, 1987. On November 29, 1982, and 
March 10, 1983, the State submitted additional information.
    (69) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 11-1982, 
between the General Motors Fisher Body Division, Fleetwood Plant and the 
Michigan Air Pollution Control Commission. On March 10, 1983, the State 
submitted additional information for this SIP revision. The Consent 
Order establishes a Volatile Organic Compound (VOC) emissions compliance 
schedule as required under Michigan's Rules 336.1603 and 336.1610, and 
extends the final compliance date for surface coating operations until 
December 31, 1987.
    (70) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 12-1982, 
between the General Motors, Cadillac Motors Car Division and the 
Michigan Air Pollution Control Commission. On March 10, 1983, the State 
submitted additional information for this SIP revision. The Consent 
Order establishes a Volatile Organic Compound (VOC) emission compliance 
schedule as required under Michigan's Rule 336.1603 and R336.1610, and 
extends the compliance date for surface coating operations until 
December 31, 1987.
    (71) On September 1, 1982, the State of Michigan submitted a request 
to reduce the size of the ozone demonstration area for Southeast 
Michigan from the seven-county area of Wayne, Oakland, Macomb, 
Livingston, Monroe, St. Clair and Washtenaw to a three-county area 
consisting of Wayne, Oakland, and Macomb Counties.
    (72) On November 18, 1982, the State of Michigan submitted Consent 
Order APC No. 06-1980, along with alterations for the General Motors 
Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant 
in the City of Saginaw, County of Saginaw as a revision to the Michigan 
SIP. Consent Order No. 06-1980, as amended, reflects an interim and 
final particulate emission limit more stringent than Michigan's rule 
336.1331; extends the final date of compliance with Michigan's Rule 
336.1301 for opacity on the oil quench facilities from December 31, 
1982, to December 15, 1983, which is as expeditiously as practicable and 
before the July 31, 1985, attainment date for the secondary TSP NAAQS in 
Michigan.
    (73) On June 30, 1983, the State of Michigan submitted as a State 
Implementation Plan (SIP) revision. Consent Order No. 4-1983 between the 
General Motors Corporation's Oldsmobile Division and the Michigan Air 
Pollution Control Commission. The Consent Order establishes a Volatile 
Organic Compound (VOC) emissions compliance schedule as required under 
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance 
dates for prime, primer-surfacer, topcoat, and final repair operations 
until December 31, 1987.
    (74) On June 30, 1983, the State of Michigan submitted as a State 
Implementation Plan (SIP) revision. Consent Order No. 5-1983, between 
the General Motors Corporation's Assembly Division and the Michigan Air 
Pollution Control Commission. The Consent Order established a Volatile 
Organic Compound (VOC) emission compliance schedule as required under 
Michigan's Rule 336.1603 and R336.1610, and provides interim compliance 
limits to be achieved by December 31, 1984, and extends the final 
compliance dates for topcoating and final repair coating operations 
until December 31, 1987.
    (75) On October 4, 1983, the State of Michigan submitted: (1) A 
revised Consent Order APC No. 12-1979 between

[[Page 219]]

CWC Castings Division of Textron and the Michigan Air Pollution Control 
Commission and (2) Article 14, Section J of the Muskegon County APC 
Rules. Consent Order APC No. 12-1979 requires reductions of point source 
emissions and fugitive emissions and extends the installation schedule 
of specified control devices to December 31, 1984. Article 14, Section 
J, provides a ban on open residential and leaf burning in Muskegon 
County. EPA approves the additional control measures contained in 
Consent Order APC No. 12-1979 and the open burning ban. EPA takes no 
action on the overall approval of Michigan's Part D secondary 
nonattainment area for Muskegon County.
    (76) On August 24, 1983, the State of Michigan submitted a State 
Implementation Plan (SIP) revision request for an extension of the 
compliance date for Boiler No. 2 for the General Motors Corporation 
Warehousing and Distribution Division, in Swartz Creek County. Consent 
Order No. 18-1981 extends the compliance date until October 15, 1985 for 
GMC to install mechanical collectors on Boiler No. 2.
    (77) On March 8, 1984, the State of Michigan submitted a report 
which demonstrated that Rule 336.1606 contains emission limits 
equivalent to Reasonable Available Control Technology (RACT) for Wayne, 
Oakland and Macomb Counties. Therefore, USEPA remove its conditional 
approval of Rule 336.1606 and fully approves the State's rule.
    (78) On September 6, 1984, the State of Michigan submitted a 
revision to the Michigan State Implementation Plan for the General 
Motors Corporation Buick Motor Division in the form of an Alteration of 
Stipulation for Entry of Consent Order and Final Order, No. 8-1982. The 
original Consent Order No. 8-1982 was federally approved on July 6, 
1983. This alteration revises Consent Order No. 8-1982, in that it 
accelerates the final compliance dates for prime and prime-surfacer 
operations and extends an interim compliance date for topcoat 
operations.
    (i) Incorporation by reference.
    (A) State of Michigan, Air Pollution Control Commission, Alteration 
of Stipulation for Entry Consent Order and Final Order SIP No. 8-1983, 
which was approved by the Air Pollution Control Commission on April 2, 
1984.
    (B) Letter of September 6, 1984, from the State of Michigan, 
Department of Natural Resources, to EPA.
    (79) On December 2, 1983, USEPA proposed to withdraw its approval of 
Michigan's fugitive dust regulations. On April 25, 1985, the State of 
Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and 
new Rule 336.1373. However, they did not meet the requirements of Part D 
of section 172(b); and USEPA, therefore, withdrew its approval of these 
submittals, disapproved these submittals, and instituted new source 
restrictions for major sources in the Michigan primary Total Suspended 
Particulate (TSP) nonattainment areas on August 20, 1985. USEPA 
incorporates revised Rule 336.1371 and newly submitted Rule 336.1373 
into the Michigan State Implementation Plan because they provide a 
framework for the development of fugitive dust control programs at the 
State level in Michigan. USEPA retains Rule 336.1372, which is already 
incorporated into the Michigan SIP, insofar as it applies to sources in 
TSP attainment areas. This paragraph supercedes paragraph (C)(61) of 
this section.
    (i) Incorporation by reference.
    (A) Michigan Department of Natural Resources Rules 336.1371 and 
336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.
    (80) On July 27, 1983, the State of Michigan submitted Consent Order 
No. 08-1983 for the General Motors Corporation Central Foundry 
Division's Saginaw Malleable Iron Plant, as a revision to the Michigan 
State Implementation Plan for Total Suspended Particulates. Consent 
Order No. 08-1983 amends control strategy provisions of federally 
approved (November 18, 1982 and August 15, 1983) Consent Order No. 06-
1980 and its alteration.
    (i) Incorporation by reference.
    (A) Stipulation for Entry of Consent Order and Final Order No. 08-
1983 for the General Motors Corporation Central Foundry Division's 
Saginaw Malleable Iron Plant amending Control Strategy Provisions issued 
June 9, 1983.
    (81) On October 1, 1984, the State of Michigan submitted the 
Stipulation for Entry of Consent Order and Final

[[Page 220]]

Order, SIP No. 12-1984, between the Consumer Power Company's J.H. 
Campbell and the Michigan Air Pollution Control Commission as a revision 
to the Michigan SO2 SIP. Consent Order No. 12-1984 provides a 
3-year compliance date extension (January 1, 1985, to December 31, 1987) 
for the J.H. Campbell Units 1 and 2 to emit SO2 at an 
allowable rate on a daily basis of 4.88 lbs/MMBTU in 1985, 4.78 lbs/
MMBTU in 1986, and 4.68 lbs/MMBTU in 1987.
    (i) Incorporation by reference.
    (A) October 1, 1984, Stipulation for Entry of Consent Order and 
Final Order, SIP No. 12-1984, establishing interim daily average 
SO2 emission limitations and quarterly average limits on 
percent sulfur is fuel fired.
    (82) The State of Michigan submitted negative declarations for 
several volatile organic compound source categories, as follows:

October 10, 1983--Large petroleum dry cleaners;
May 17, 1985--High-density polyethylene, polypropylene, and polystyrene 
resin manufacturers;
June 12, 1985--Synthetic organic chemical manufacturing industry sources 
(SOCMI) oxidation.

    (i) Incorporation by reference.
    (A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985, 
from Robert P. Miller, Chief, Air Quality Division, Michigan Department 
of Natural Resources. The letter dated June 12, 1985, includes pages 2-
119 and 2-120 from the revised 1982 Air Quality Implementation Plan for 
Ozone and Carbon Monoxide in Southeast Michigan.
    (83) On September 16, 1985, the State of Michigan submitted a SIP 
revision requesting alternate opacity limits for the Packaging 
Corporation of America (PCA) bark boiler. The request is in the form of 
a Stipulation for Entry of Consent Order and Final Order (No. 23-1984). 
The Consent Order contains an extended schedule for the PCA's bark 
boiler to comply with Michigan's Rule 336.1301.
    (i) Incorporation by reference.
    (A) Stipulation for Entry of Consent Order and Final Order No. 23-
1984 for the Packaging Corporation of America, approved on July 8, 1985.
    (84) On April 29, 1986, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan (SIP) for total suspended 
particulates (TSP). The revision, in the form of Air Pollution Control 
Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in 
the TSP portion of the Michigan SIP with respect to: car ferries having 
the capacity to carry more than 110 motor vehicles; and coal-fired 
trains used in connection with tourism.
    (i) Incorporation by reference.
    (A) Act No. 65 of the Public Acts of 1986, as approved by the 
Governor of Michigan on March 30, 1986.
    (85) On April 25, 1979, the State of Michigan submitted as revisions 
to the Air Quality Implementation Plan, Michigan Department of Natural 
Resources Air Pollution Control Commission General Rules for Open 
Burning; Continuous Emission Monitoring; Air Pollution Episodes; 
Organization, Operation and Procedures; and Hearings.
    (i) Incorporation by reference.
    (A) R 336.1310, Open Burning, effective January 18, 1980.
    (B) R 336.2101-3, R 336.2150-5, R 336.336-2159, R 336.2170, 
R336.2175-6, R 336.2189-90, and R 336.2199; Continuous Emission 
Monitoring, effective January 18, 1980.
    (C) R 336.2301-8, Air Pollution Episodes, effective January 18, 
1980.
    (D) R 336.2601-8, Organization, Operating, and Procedures, effective 
January 18, 1980.
    (E) R 336.2701-6, Hearings, effective January 18, 1980.
    (86) On May 25, 1988, the State of Michigan submitted an SIP 
revision in the form of an addendum to the State's Rule 336.1122, 
effective at the State level on May 20, 1988. The amendment will allow 
coating companies to exclude methyl chloroform from the VOC emission 
calculation when it is not technically or economically reasonable. This 
exemption applies only to the surface coating operations that are 
subject to Part 6 (Emission Limitations and Prohibitions--Existing 
Sources of VOC Emissions) or Part 7 (Emission Limitations and 
Prohibitions--New Sources of VOC Emissions) of the State's regulations.
    (i) Incorporation by reference.

[[Page 221]]

    (A) R336.1122, Methyl Chloroform; effective at the State level on 
May 20, 1988.
    (87)-(89) [Reserved]
    (90) On December 17, 1987, the State of Michigan submitted to USEPA 
a revision to the Michigan State Implementation Plan for the Continental 
Fiber Drum, Inc., which limits volatile organic compound emissions from 
the surface coating operations at the facility.
    (i) Incorporation by reference.
    (A) State of Michigan, Air Pollution Control Commission, Stipulation 
for Entry of Consent Order and Final Order No. 14-1987, which was 
adopted by the State on December 9, 1987.
    (B) Letter of December 17, 1987, from the State of Michigan, 
Department of Natural Resources to USEPA.
    (91) On May 17, 1985, the State submitted revised rules for the 
control of particulate matter from iron and steel sources and from other 
sources in Michigan. These rules were submitted to fulfill conditions of 
USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total 
suspended particulates (TSP) State Implementation Plan (SIP). USEPA is 
approving these revised rules in the Michigan submittal except for the 
following provisions: The quench tower limit in rule 336.1331, Table 31, 
Section C.8, because allowing water quality limits to apply only to 
makeup water is a relaxation; the deletion of the limit in rule 336.1331 
for coke oven coal preheater equipment, because it is a relaxation, and 
rule 336.1355, because it provides an unlimited exemption for emissions 
from emergency relief valves in coke oven gas collector mains.
    (i) Incorporation by reference.
    (A) Revision to parts 1, 3, and 10 of Michigan's administrative 
rules for air pollution control (Act 348 of 1967, as amended) as adopted 
by the Michigan Air Pollution Control Commission on December 18, 1984. 
These rules became effective in Michigan on February 22, 1985.
    (92) On October 10, 1986, the State of Michigan supported portions 
of the revised Wayne County Air Pollution Control Division Air Pollution 
Control Ordinance as approved by Wayne County on September 19, 1985, as 
a revision to the Michigan State Implementation Plan.
    (i) Incorporation by reference.
    (A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5, 
section 501, of the Wayne County Ordinance which incorporate by 
reference the following parts of the State rules: The quench tower limit 
in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in 
Rule 336.1331 for coke oven coal preheater equipment; and Rule 
336.1355), 8 (except section 802), 9, 11, 12, 13 and appendices A and D 
of the Wayne County Air Pollution Control Division (WCAPCD) Air 
Pollution Control Ordinance as approved by WCAPCD on September 19, 1985.
    (93) On November 16, 1992, the Michigan Department of Natural 
Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), 
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 
Michigan Air Pollution Reporting Forms, Reference Tables, and General 
Instructions as the States emission statement program. Natural Resources 
Commission Rule 336.202 (Rule 2) became effective November 11, 1986. 
Section 5 and 14a of the 1965 Air Pollution Act 348 became effective 
July 23, 1965.
    (i) Incorporation by reference.
    (A) Natural Resources Commission Rule 336.202 (Rule 2) became 
effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution 
Act 348 became effective July 23, 1965.
    (94) On November 13, 1992, January 8, 1993, and November 12, 1993, 
the State of Michigan submitted a Small Business Stationary Source 
Technical and Environmental Assistance Program for incorporation in the 
Michigan State Implementation Plan as required by section 507 of the 
Clean Air Act.
    (i) Incorporation by reference.
    (A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts 
of 1993, approved by the Governor on April 1, 1993, and effective upon 
approval.
    (95) On November 15, 1993, the State of Michigan requested revision 
to the Michigan State Implementation Plan (SIP) to incorporate 
miscellaneous technical rule changes that the State had made effective 
April 20, 1989.
    (i) Incorporation by reference.

[[Page 222]]

    (A) Michigan Air Pollution Control Rules: R 336.1107 (except 
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R 
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705, 
effective April 20, 1989.
    (96) Revisions to the Michigan Regulations submitted on June 12, 
1993 and November 12, 1993 by the Michigan Department of Natural 
Resources:
    (i) Incorporation by reference.
    (A) Revisions to the following provisions of the Michigan Air 
Pollution Control Commission General Rules filed with the Secretary of 
State on April 12, 1993 and effective on April 27, 1993:
    (1) R 336.1101 Definitions; A--Revised definitions of the following 
terms: actual emissions, air-dried coating, air quality standard, 
allowable emissions and alternate opacity.
    (2) R 336.1103 Definitions; C--Added definition of coating category. 
Revised definitions of the following terms: calendar day, class II 
hardboard paneling finish, coating line, coating of automobiles and 
light-duty trucks coating of fabric, coating of large appliances, 
coating of paper, coating of vinyl, component, component in field gas 
service, component in gaseous volatile organic compound service, 
component in heavy liquid service, component in light liquid service, 
component in liquid volatile organic compound service, condenser, 
conveyorized vapor degreaser, and creditable.
    (3) R 336.1105 Definitions; E--Added definition of the term extreme 
environmental conditions. Revised definitions of the following terms: 
electrostatic prep coat, equivalent method and extreme performance 
coating.
    (4) R 336.1116 Definitions; P--Revised definitions of the following 
terms: packaging rotogravure printing, printed interior panel, process 
unit turnaround, publication rotogravure printing and pushside. Deleted 
definition of the term pneumatic rubber tire manufacturing.
    (5) R 336.1122 Definitions; V--Added definition of the term vapor 
collection system. Revised definitions of the following terms: very 
large precipitator and volatile organic compound.
    (6) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions (entire rule).
    (7) R 336.1610 Existing coating lines; emission of volatile organic 
compounds from exiting automobile, light-duty truck, and other product 
and material coating lines (entire rule).
    (8) R 336.1611 Existing cold cleaners (entire rule).
    (9) R 336.1619 Perchloroethylene; emission from existing dry 
cleaning equipment (entire rule).
    (10) R 336.1620 Emission of volatile organic compounds from existing 
flat wood paneling coating lines (entire rule).
    (11) R 336.1621 Emission of volatile organic compounds from existing 
metallic surface coating lines (entire rule).
    (12) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program (entire 
rule).
    (13) R 336.1623 Storage of petroleum liquids having a true vapor 
pressure of more than 1.0 psia, but less than 11.0 psia, in existing 
external floating roof stationary vessels of more than 40,000-gallon 
capacity (entire rule).
    (14) R 336.1625 Emission of volatile organic compounds from existing 
equipment utilized in manufacturing synthesized pharmaceutical products 
(entire rule).
    (15) R 336.1627 Delivery vessels; vapor collection systems (entire 
rule).
    (16) R 336.1630 Emission of volatile organic compounds from existing 
paint manufacturing processes (entire rule).
    (17) R 336.1631 Emission of volatile organic compounds from existing 
process equipment utilized in manufacture of polystyrene or other 
organic resins (entire rule).
    (18) R 336.1632 Emission of volatile organic compounds from existing 
automobile, truck, and business machine plastic part coating lines 
(entire rule).
    (19) R 336.1702 General provisions of new sources of volatile 
organic compound emissions (entire rule).
    (20) R 336.2004 Appendix A; reference test methods; adoption of 
federal reference test methods (entire rule).
    (21) R 336.2006 Reference test method serving as alternate version 
of federal reference test method 25 by incorporating Byron analysis 
(entire rule).

[[Page 223]]

    (22) R 336.2007 Alternate version of procedure L, referenced in R 
336.2040(10) (entire rule).
    (23) R 336.2040 Method for determination of volatile organic 
compound emissions from coating lines and graphic arts lines (except R 
336.2040(9) and R 336.2040(10)).
    (24) R 336.2041 Recordkeeping requirements for coating lines and 
graphic arts lines (entire rule).
    (B) Revisions to the following provisions of the Michigan Air 
Pollution Control Commission General Rules filed with the Secretary of 
State on November 3, 1993 and effective on November 18, 1993:
    (1) R 336.1601 Definitions--Added definition of the term person 
responsible.
    (2) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions--Addition of provisions requiring submittal 
of site-specific SIP revisions to EPA for the use of equivalent control 
methods allowed under rules 336.1628(1) and 336.1629(1).
    (3) R 336.1624 Emission of volatile organic compounds from existing 
graphic arts lines (entire rule).
    (4) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing synthetic 
organic chemicals and polymers; monitoring program (entire rule).
    (5) R 336.1629 Emission of volatile organic compounds from 
components of existing process equipment used in processing natural gas; 
monitoring program (entire rule).
    (C) Senate Bill No. 726 of the State of Michigan 87th Legislature 
for Stage I controls signed and effective on November 13, 1993.
    (D) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 39-1993 which was adopted 
by the State on November 12, 1993.
    (E) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 40-1993 which was adopted 
by the State on November 12, 1993.
    (F) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 3-1993 which was adopted 
by the State on June 21, 1993.
    (97) On November 12, 1993, the State of Michigan submitted a 
revision to the State Implementation Plan (SIP) for the implementation 
of a motor vehicle inspection and maintenance (I/M) program in the Grand 
Rapids and Muskegon ozone nonattainment areas. This revision included 
House Bill No. 4165 which establishes an I/M program in Western 
Michigan, SIP narrative, and the State's Request for Proposal (RFP) for 
implementation of the program. House Bill No. 4165 was signed and 
effective on November 13, 1993.
    (i) Incorporation by reference.
    (A) House Bill No. 4165; signed and effective November 13, 1993.
    (ii) Additional materials.
    (A) SIP narrative plan titled ``Motor Vehicle Emissions Inspection 
and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and 
Muskegon MSA Moderate Nonattainment Areas,'' submitted to the EPA on 
November 12, 1993.
    (B) RFP, submitted along with the SIP narrative on November 12, 
1993.
    (C) Supplemental materials, submitted on July 19, 1994, in a letter 
to EPA.
    (98) [Reserved]
    (99) On July 13, 1994, the State of Michigan requested a revision to 
the Michigan State Implementation Plan (SIP). The State requested that a 
consent order for the Eagle-Ottawa Leather Company of Grand Haven be 
included in the SIP.
    (i) Incorporation by reference. State of Michigan, Department of 
Natural Resources, Stipulation for Entry of Consent Order and Final 
Order No. 7-1994 which was adopted on July 13, 1994.
    (100) On June 11, 1993 the Michigan Department of Natural Resources 
(MDNR) submitted a plan, with revisions submitted on April 7, 1994 and 
October 14, 1994 for the purpose of bringing about the attainment of the 
National Ambient Air Quality Standards for particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers (PM) 
in the Wayne County moderate PM nonattainment area.
    (i) Incorporation by reference.
    (A) Consent Order 4-1993 effective October 12, 1994 issued by the 
MDNR. This

[[Page 224]]

Order limits the PM emissions for the Allied Signal, Inc., Detroit Tar 
Plant.
    (B) Consent Order 5-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Asphalt Products 
Company, Plant 5A.
    (C) Consent Order 6-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Clawson Concrete 
Company, Plant 1.
    (D) Consent Order 7-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Cummings-Moore Graphite 
Company.
    (E) Consent Order 8-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Delray Connecting 
Railroad Company.
    (F) Consent Order 9-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison Company, 
River Rouge Plant.
    (G) Consent Order 10-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison Company, 
Sibley Quarry.
    (H) Consent Order 11-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the city of Detroit, 
Detroit Water and Sewage Department, Wastewater Treatment Plant.
    (I) Consent Order 12-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ferrous Processing and 
Trading Company.
    (J) Consent Order 13-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ford Motor Company, 
Rouge Industrial Complex.
    (K) Consent Order 14-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ford Motor Company, 
Vulcan Forge.
    (L) Consent Order 15-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Detroit Lime Company.
    (M) Consent Order 16-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 1.
    (N) Consent Order 17-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 3.
    (O) Consent Order 18-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 6.
    (P) Consent Order 19-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 4 and 5.
    (Q) Consent Order 20-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant Scrap Up-Grade Facility.
    (R) Consent Order 21-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, 
Brennan Avenue Plant.
    (S) Consent Order 22-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, River 
Rouge Plant.
    (T) Consent Order 23-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the McLouth Steel Company, 
Trenton Plant.
    (U) Consent Order 24-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Cement Plant.
    (V) Consent Order 25-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Sibley Quarry.
    (W) Consent Order 26-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Morton International, 
Inc., Morton Salt Division.
    (X) Consent Order 27-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the National Steel 
Corporation, Great Lakes Division.
    (Y) Consent Order 28-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for

[[Page 225]]

the National Steel Corporation, Transportation and Materials Handling 
Division.
    (Z) Consent Order 29-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Peerless Metals 
Powders, Incorporated.
    (AA) Consent Order 30-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Rouge Steel Company.
    (BB) Consent Order 31-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Keywell Corporation.
    (CC) Consent Order 32-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the St. Marys Cement 
Company.
    (DD) Consent Order 33-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the United States Gypsum 
Company.
    (EE) Consent Order 34-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Wyandotte Municipal 
Power Plant.
    (101) On November 15, 1993, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a motor vehicle inspection and maintenance 
program for the Detroit-Ann Arbor area. Michigan submitted House Bill 
No. 5016, signed by Governor John Engler on November 13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 5016 signed by the Governor and 
effective on November 13, 1993.
    (102) On November 12, 1993, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a section 175A maintenance plan for the Detroit-
Ann Arbor area as part of Michigan's request to redesignate the area 
from moderate nonattainment to attainment for ozone. Elements of the 
section 175A maintenance plan include a base year (1993 attainment year) 
emission inventory for NOX and VOC, a demonstration of 
maintenance of the ozone NAAQS with projected emission inventories 
(including interim years) to the year 2005 for NOX and VOC, a 
plan to verify continued attainment, a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If the area records a violation of the 
ozone NAAQS (which must be confirmed by the State), Michigan will 
implement one or more appropriate contingency measure(s) which are 
contained in the contingency plan. Appropriateness of a contingency 
measure will be determined by an urban airshed modeling analysis. The 
Governor or his designee will select the contingency measure(s) to be 
implemented based on the analysis and the MDNR's recommendation. The 
menu of contingency measures includes basic motor vehicle inspection and 
maintenance program upgrades, Stage I vapor recovery expansion, Stage II 
vapor recovery, intensified RACT for degreasing operations, 
NOX RACT, and RVP reduction to 7.8 psi. Michigan submitted 
legislation or rules for basic I/M in House Bill No 5016, signed by 
Governor John Engler on November 13, 1993; Stage I and Stage II in 
Senate Bill 726 signed by Governor John Engler on November 13, 1993; and 
RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John 
Engler on November 13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 5016 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan Senate Bill 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.
    (103) On August 26, 1994 Michigan submitted a site-specific SIP 
revision in the form of a consent order for incorporation into the 
federally enforceable ozone SIP. This consent order determines 
Reasonably Available Control Technology (RACT) specifically for the 
Enamalum Corporation Novi, Michigan facility for the emission of 
volatile organic compounds (VOCs).
    (i) Incorporation by reference. The following Michigan Stipulation 
for Entry of Final Order By Consent.
    (A) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Final Order By Consent No. 6-1994 which was adopted by the 
State on June 27, 1994.

[[Page 226]]

    (104) On July 13, 1995, the Michigan Department of Natural Resources 
(MDNR) submitted a contingency measures plan for the Wayne County 
particulate matter nonattainment area.
    (i) Incorporation by reference.
    (A) State of Michigan Administrative Rule 374 (R 336.1374), 
effective July 26, 1995.
    (105) [Reserved]
    (106) On March 9, 1995, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a section 175A maintenance plan for the Grand 
Rapids area as part of Michigan's request to redesignate the area from 
moderate nonattainment to attainment for ozone. Elements of the section 
175A maintenance plan include an attainment emission inventory for 
NOX and VOC, a demonstration of maintenance of the ozone 
NAAQS with projected emission inventories to the year 2007 for 
NOX and VOC, a plan to verify continued attainment, a 
contingency plan, and a commitment to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. If a 
violation of the ozone NAAQS, determined not to be attributable to 
transport from upwind areas, is monitored, Michigan will implement one 
or more appropriate contingency measure(s) contained in the contingency 
plan. Once a violation of the ozone NAAQS is recorded, the State will 
notify EPA, review the data for quality assurance, and conduct a 
technical analysis, including an analysis of meteorological conditions 
leading up to and during the exceedances contributing to the violation, 
to determine local culpability. This preliminary analysis will be 
submitted to EPA and subjected to public review and comment. The State 
will solicit and consider EPA's technical advice and analysis before 
making a final determination on the cause of the violation. The Governor 
or his designee will select the contingency measure(s) to be implemented 
within six months of a monitored violation attributable to ozone and 
ozone precursors from the Grand Rapids area. The menu of contingency 
measures includes a motor vehicle inspection and maintenance program, 
Stage II vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on 
major non-CTG VOC sources in the categories of coating of plastics, 
coating of wood furniture, and industrial cleaning solvents. Michigan 
submitted legislation or rules for I/M in House Bill No 4165, signed by 
Governor John Engler on November 13, 1993; Stage II in Senate Bill 726 
signed by Governor John Engler on November 13, 1993; and RVP reduction 
to 7.8 psi in House Bill 4898 signed by Governor John Engler on November 
13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 4165 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan Senate Bill 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.
    (107) [Reserved]
    (108) On May 16, 1996, the State of Michigan submitted a revision to 
the Michigan State Implementation Plan (SIP). This revision is for the 
purpose of establishing a gasoline Reid vapor pressure (RVP) limit of 
7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland, 
Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in 
Michigan.
    (i) Incorporation by reference.
    (A) House Bill No. 4898; signed and effective November 13, 1993.
    (B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290, 
Sections 642, 643, 645, 646, 647, and 649; all effective November 13, 
1993.
    (C) Michigan Complied Laws, Weights and Measures Act of 1964, 
Chapter 290, Sections 613, 615; all effective August 28, 1964.
    (ii) Additional materials.
    (A) Letter from Michigan Governor John Engler to Regional 
Administrator Valdas Adamkus, dated January 5, 1996.
    (B) Letter from Michigan Director of Environmental Quality Russell 
Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.
    (C) State report titled ``Evaluation of Air Quality Contingency 
Measures for Implementation in Southeast Michigan,'' submitted to the 
EPA on May 14, 1996.

[[Page 227]]

    (109) On December 13, 1994 and January 19, 1996, Michigan submitted 
correspondence and Executive Orders 1991-31 and 1995-18 which indicated 
that the executive branch of government had been reorganized. As a 
result of the reorganization, delegation of the Governor's authority 
under the Clean Air Act was revised. The Environmental Protection 
Agency's approval of these Executive Orders is limited to those 
provisions affecting air pollution control. The Air Pollution Control 
Commission was abolished and its authority was initially transferred to 
the Director of the Michigan Department of Natural Resources (DNR). 
Subsequently, the Michigan Department of Natural Resources of 
Environmental Quality (DEQ) was created by elevating eight program 
divisions and two program offices previously located within the DNR. The 
authority then earlier vested to the Director of the Michigan DNR was 
then transferred to the Director of the Michigan DEQ with the exception 
of some administrative appeals decisions.
    (i) Incorporation by reference.
    (A) State of Michigan Executive Order 1991-31 Commission of Natural 
Resources, Department of Natural Resources, Michigan Department of 
Natural Resources Executive Reorganization. Introductory and concluding 
words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5, 
Part B. Title III: Environmental Protection; Part A: Sections 1 and 2, 
Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2, 
4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed with 
the Secretary of State November 8, 1991. Effective January 7, 1992.
    (B) State of Michigan Executive Order No. 1995-18 Michigan 
Department of Environmental Quality, Michigan Department of Natural 
Resources Executive Reorganization. Introductory and concluding words of 
issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15, 
16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with 
the Secretary of State on August 1, 1995. Effective September 30, 1995.
    (110) A revision to Michigan's State Implementation Plan (SIP), 
containing part of Michigan's Natural Resources and Environmental 
Protection Act, was submitted by the Michigan Department of 
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on 
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the 
original submittal. The revision incorporated below contains control 
requirements and applicable definitions for fugitive dust sources.
    (i) Incorporation by reference. The following sections of Part 55 of 
Act 451 of 1994, the Natural Resources and Environmental Protection Act 
are incorporated by reference.
    (A) 324.5524 Fugitive dust sources or emissions, effective March 30, 
1995.
    (B) 324.5525 Definitions, effective March 30, 1995.
    (111) On March 18, 1999, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan for carbon monoxide containing 
a section 175A maintenance plan for the Detroit area as part of 
Michigan's request to redesignate the area from nonattainment to 
attainment for carbon monoxide. Elements of the section 175A maintenance 
plan include a base year (1996 attainment year) emission inventory for 
CO, a demonstration of maintenance of the ozone NAAQS with projected 
emission inventories to the year 2010, a plan to verify continued 
attainment, a contingency plan, and an obligation to submit a subsequent 
maintenance plan revision in 8 years as required by the Clean Air Act. 
If the area records a violation of the CO NAAQS (which must be confirmed 
by the State), Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes enforceable emission limitations for 
stationary sources, transportation control measures, or a vehicle 
inspection and maintenance program.
    (112) The Michigan Department of Environmental Quality (MDEQ) 
submitted a revision to Michigan's State Implementation Plan (SIP) on 
August 20, 1998, and supplemented it on November 3, 1998. The revision 
removed from the SIP the following rules, which the State rescinded 
effective May 28,

[[Page 228]]

1997: R 336.91 Purpose; R 336.92 Suspension of enforcement; requests by 
local agencies; R 336.93 Local agency requirements prior to suspension 
of enforcement; R 336.94 Commission public hearings on applications; R 
336.95 Suspension of enforcement; procedures and public notice; R 336.96 
Suspension of enforcement; conditions; R 336.97 Commission review of 
local agency programs; renewal of suspended enforcement; R 336.601 
Affected counties and areas; R 336.602 Attainment of national ambient 
air quality standards; exemption from inspection and maintenance program 
requirements; R 336.603 Ozone and carbon monoxide attainment status 
determination; R 336.1373 Fugitive dust control requirements; areas 
listed in table 36; R 336.1501 Emission limits; extension of compliance 
date past January 1, 1980, generally; R 336.1502 Application; copies; R 
336.1503 Application; contents; R 336.1504 Denial of request for 
extension past January 1, 1980; R 336.1505 Grant of extension past 
January 1, 1980; R 336.1506 Receipt of full and complete application; 
public notice; inspection; public hearing; R 336.1507 Modification or 
revocation of order granting extension; immediate effect; R 336.1603 
Compliance program; R 336.2010 Reference test method 5A; R 336.2199(c); 
R 336.2601 Organization; R 336.2602 Offices and meetings; R 336.2603 
Documents available for inspection and copying; R 336.2604 Document 
inspection and copying procedures; tape recording transcriptions; R 
336.2605 Functions; R 336.2608 Hearings and informal conferences; R 
336.2301 Definition of air pollution episode; R 336.2302 Definition of 
air pollution forecast; R 336.2303 Definition of air pollution alert; R 
336.2304 Definition of air pollution warning; R 336.2305 Definition of 
air pollution emergency; R 336.2306 Declaration of air pollution 
episodes; R 336.2307 Episode emission abatement programs; and R 336.2308 
Episode orders. The rules incorporated below contain revisions to 
degreasing, perchloroethylene dry cleaning, petroleum refinery, 
synthetic organic chemical manufacturing, and delivery vessel loading 
rules.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1611 Existing cold cleaners, effective June 13, 1997.
    (B) R336.1612 Existing open top vapor degreasers, effective June 13, 
1997.
    (C) R 336.1613 Existing conveyorized cold cleaners, effective June 
13, 1997.
    (D) R 336.1614 Existing conveyorized vapor degreasers, effective 
June 13, 1997.
    (E) R 336.1619 Standards for perchloroethylene dry cleaning 
equipment, effective June 13, 1997.
    (F) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program, 
effective June 13, 1997.
    (G) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing synthetic 
organic chemicals and polymers; monitoring program, effective June 13, 
1997.
    (H) R 336.1651 Standards for Degreasers, effective June 13, 1997.
    (I) R 336.1706 Loading delivery vessels with organic compounds 
having a true vapor pressure of more than 1.5 psia at new loading 
facilities handling 5,000,000 or more gallons of such compounds per 
year, effective June 13, 1997.
    (J) R 336.1707 New cold cleaners, effective June 13, 1997.
    (K) R 336.1708 New open top vapor degreasers, effective June 13, 
1997.
    (L) R 336.1709 New conveyorized cold cleaners, effective June 13, 
1997.
    (M) R 336.1710 New conveyorized vapor degreasers, effective June 13, 
1997.
    (113) On March 9, 1995, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan for ozone containing a section 
175A maintenance plan for the Muskegon County area as part of Michigan's 
request to redesignate the area from nonattainment to attainment for 
ozone. Elements of the section 175A maintenance plan include a 
contingency plan, and an obligation to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. If the area 
records a violation of the 1-hour ozone NAAQS, determined not to be 
attributable to transport from upwind areas, Michigan will implement one 
or more appropriate contingency

[[Page 229]]

measure(s) which are in the contingency plan. The menu of contingency 
measures includes a motor vehicle inspection and maintenance program, 
stage II vapor recovery, a low Reid vapor pressure gasoline program, and 
rules for industrial cleanup solvents, plastic parts coating, and wood 
furniture coating.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 4165 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan House Bill No. 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.
    (114)-(115) [Reserved]
    (116) The Michigan Department of Environmental Quality submitted 
revisions to Michigan's State Implementation Plan (SIP) on July 7, 2000 
and supplemented them with letters dated January 29, 2001, and February 
6, 2002. They include revisions to definitions, open burning rules, 
general volatile organic compound provisions, and administrative 
procedures. The revision removed from the SIP rules R 336.1320 and R 
336.2703, which the State rescinded effective April 10, 2000.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1104 Definitions; D, effective April 10, 2000.
    (B) R 336.1310, Open burning, effective February 3, 1999.
    (C) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions, effective April 10, 2000.
    (D) R 336.2701 Petitions for review and for contested case hearings; 
hearing procedure; ``duly authorized agent'' defined, effective April 
10, 2000.
    (E) R 336.2702 Appearances, effective April 10, 2000.
    (117) [Reserved]
    (118) The Michigan Department of Environmental Quality submitted 
revisions to Michigan's State Implementation Plan (SIP) on September 23, 
2002. They include rules to address excess emissions occurring during 
startup, shutdown or malfunction as well as revisions to definitions.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1102 Definitions; B, effective May 27, 2002.
    (B) R 336.1104 Definitions; D, effective May 27, 2002.
    (C) R 336.1105 Definitions; E, effective May 27, 2002.
    (D) R 336.1107 Definitions; G, effective May 27, 2002.
    (E) R 336.1108 Definitions; H, effective May 27, 2002.
    (F) R 336.1113 Definitions; M, effective May 27, 2002.
    (G) R 336.1118 Definitions; R, effective May 27, 2002.
    (H) R 336.1120 Definitions; T, effective May 27, 2002.
    (I) R 336.1915 Enforcement discretion in instances of excess 
emissions resulting from malfunction, start-up, or shutdown, effective 
May 27, 2002.
    (J) R 336.1916 Affirmative defense for excess emissions during 
start-up or shutdown, effective May 27, 2002.
    (119) The Michigan Department of Environmental Quality submitted a 
revision to Michigan's State Implementation Plan for ozone on April 25, 
2003. This submittal contained a revised definition of volatile organic 
compound.
    (i) Incorporation by reference.
    (A) R 336.1122 Definitions; V, effective March 13, 2003.
    (120) [Reserved]
    (121) On April 3, 2003, the Michigan Department of Environmental 
Quality (MDEQ) submitted regulations restricting emissions of oxides of 
nitrogen (NOX) to address the Phase I NOX SIP Call 
requirements. EPA conditionally approved Michigan's April 3, 2003, SIP 
revision on April 16, 2004. On May 27, 2004 and August 5, 2004, Michigan 
subsequently submitted for EPA approval SIP revisions to address the 
requirements found in EPA's conditional approval. These additional 
submittals, in combination with the original SIP revision, fulfill the 
Phase I NOX SIP Call requirements.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.

[[Page 230]]

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

[[Page 231]]

    (6) R 336.1372 Fugitive dust control program; required activities; 
typical control methods.
    (7) R 336.1374 Particulate matter contingency measures; area listed 
in table 37.
    (8) R 336.1401 Emission of sulfur dioxide from power plants.
    (9) R 336.1403 Oil- and natural gas-producing or transporting 
facilities and natural gas-processing facilities; emissions; operation.
    (10) R 336.1601 Definitions.
    (11) R 336.1604 Storage of organic compounds having true vapor 
pressure of more than 1.5 psia, but less than 11 psia, in existing fixed 
roof stationary vessels of more than 40,000-gallon capacity.
    (12) R 336.1605 Storage of organic compounds having true vapor 
pressure of 11 or more psia in existing stationary vessels of more than 
40,000-gallon capacity.
    (13) R 336.1606 Loading gasoline into existing stationary vessels of 
more than 2,000-gallon capacity at dispensing facilities handling 
250,000 or more gallons per year.
    (14) R 336.1607 Loading gasoline into existing stationary vessels of 
more than 2,000-gallon capacity at loading facilities.
    (15) R 336.1608 Loading gasoline into delivery vessels at existing 
loading facilities handling less than 5,000,000 gallons per year.
    (16) R 336.1615 Existing vacuum-producing systems at petroleum 
refineries.
    (17) R 336.1616 Process unit turnarounds at petroleum refineries.
    (18) R 336.1617 Existing organic compound-water separators at 
petroleum refineries.
    (19) R 336.1618 Use of cutback paving asphalt.
    (20) R 336.1619 Standards for perchloroethylene dry cleaning 
equipment; adoption of standards by reference.
    (21) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program.
    (22) R 336.1623 Storage of petroleum liquids having a true vapor 
pressure of more than 1.0 psia, but less than 11.0 psia, in existing 
external floating roof stationary vessels of more than 40,000-gallon 
capacity.
    (23) R 336.1627 Delivery vessels; vapor collection systems.
    (24) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing synthetic 
organic chemicals and polymers; monitoring program.
    (25) R 336.1629 Emission of volatile organic compounds from 
components of existing process equipment used in processing natural gas; 
monitoring program.
    (26) R 336.1630 Emission of volatile organic compounds from existing 
paint manufacturing processes.
    (27) R 336.1631 Emission of volatile organic compounds from existing 
process equipment utilized in manufacture of polystyrene or other 
organic resins.
    (28) R 336.1702 New sources of volatile organic compound emissions 
generally.
    (29) R 336.1705 Loading gasoline into delivery vessels at new 
loading facilities handling less than 5,000,000 gallons per year.
    (30) R 336.1906 Diluting and concealing emissions.
    (31) R 336.1911 Malfunction abatement plans.
    (32) R 336.1930 Emission of carbon monoxide from ferrous cupola 
operations.
    (33) R 336.2001 Performance tests by owner.
    (34) R 336.2002 Performance tests by department.
    (35) R 336.2003 Performance test criteria.
    (36) R 336.2004 Appendix A; reference test methods; adoption of 
Federal reference test methods.
    (37) R 336.2005 Reference test methods for delivery vessels.
    (38) R 336.2007 Alternate version of procedure L, referenced in R 
336.2040(10).
    (39) R 336.2013 Reference test method 5D.
    (40) R 336.2021 Figures.
    (41) R 336.2040 Method for determination of volatile organic 
compound emissions from coating lines and graphic arts lines, except 
subrules (9) and (10).

[[Page 232]]

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

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

    Editorial Note: For Federal Register citations affecting Sec. 
52.1190 (formerly Sec. 52.1170), see the List of CFR Sections Affected, 
which appears in the Finding Aids section of the printed volume and at 
www.fdsys.gov.



                           Subpart Y_Minnesota



Sec. 52.1219  Identification of plan--conditional approval.

    (a) On November 12, 1993, the Minnesota Pollution Control Agency 
submitted a revision request to Minnesota's carbon monoxide SIP for 
approval of the State's basic inspection and maintenance (I/M) program. 
The basic I/M program requirements apply to sources in the State's 
moderate nonattainment areas for carbon monoxide and includes the 
following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
Washington Counties. The USEPA is conditionally approving Minnesota's 
basic I/M program provided that the State adopt specific enforceable 
measures as outlined in its July 5, 1994 letter from Charles W. 
Williams, Commissioner, Minnesota Air Pollution Control Agency.
    (i) Incorporation by reference.
    (A) Minnesota Rules relating to Motor Vehicle Emissions parts 
7023.1010 to 7023.1105, effective January 8, 1994.
    (ii) Additional material.
    (A) Letter from the State of Minnesota to USEPA dated July 5, 1994.
    (b) On February 9, 1996, the State of Minnesota submitted a request 
to revise its particulate matter (PM) State Implementation Plan (SIP) 
for the Saint Paul area. This SIP submittal contains administrative 
orders which include control measures for three companies located in the 
Red Rock Road area--St. Paul Terminals, Inc., Lafarge Corporation and 
AMG Resources Corporation. Recent exceedances were attributed to changes 
of emissions/operations that had occurred at particular sources in the 
area. The results from the modeling analysis submitted with the Red Rock 
Road SIP revision, preliminarily demonstrate protection of the PM 
National Ambient Air Quality Standards (NAAQS). However, due to the lack 
of emission limits and specific information regarding emission 
distribution at Lafarge Corporation following the installation of the 
pneumatic unloader, EPA is conditionally approving the SIP revision at 
this time. Final approval will be conditioned upon EPA receiving a 
subsequent modeled attainment demonstration with specific emission 
limits for Lafarge Corporation, corrected inputs for Peavey/Con-Agra, 
and consideration of the sources in the 2-4 km range which have 
experienced emission changes that may impact the Red Rock Road 
attainment demonstration.

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



Sec. 52.1220  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Minnesota under section 110 of the Clean 
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air 
Quality Standards.
    (b) Incorporation by reference.

[[Page 233]]

    (1) Material listed in paragraphs (c) and (d) of this section with 
an EPA approval date prior to December 1, 2004, was approved for 
incorporation by reference by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is 
incorporated as it exists on the date of the approval, and notice of any 
change in the material will be published in the Federal Register. 
Entries in paragraphs (c) and (d) of this section with the EPA approval 
dates after December 1, 2004, will be incorporated by reference in the 
next update to the SIP compilation.
    (2) EPA Region 5 certifies that the rules/regulations provided by 
the EPA in the SIP compilation at the addresses in paragraph (b)(3) of 
this section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the SIP as of 
December 1, 2004.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 5, Air Programs 
Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and 
Radiation Docket and Information Center, 1301 Constitution Avenue NW., 
Room B108, Washington, DC 20460; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (c) EPA approved regulations.

                                       EPA--Approved Minnesota Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
   Minnesota citation        Title / subject     effective date     EPA approval date            Comments
----------------------------------------------------------------------------------------------------------------
                                     CHAPTER 7001 PERMITS AND CERTIFICATIONS
----------------------------------------------------------------------------------------------------------------
7001.0020..............  Scope.................        08/10/93  05/02/95, 60 FR 21447..  Only items I and J.
7001.0050..............  Written application...        08/10/93  05/02/95, 60 FR 21447..  Only item I.
7001.0140..............  Final determination...        08/10/93  05/02/95, 60 FR 21447..  Only Subp. 2F.
7001.0180..............  Justification to              08/10/93  05/02/95, 60 FR 21447..  Only item D.
                          commence revocation
                          without reissuance of
                          permit.
7001.0550..............  Contents of part a of         08/10/93  05/02/95, 60 FR 21447..  Only items E and J(3).
                          application.
7001.3050..............  Permit requirements...        08/10/93  05/02/95, 60 FR 21447..  Only Subp. 3E.
----------------------------------------------------------------------------------------------------------------
                                            CHAPTER 7002 PERMIT FEES
----------------------------------------------------------------------------------------------------------------
7002.0005..............  Scope.................        08/10/93  05/02/95, 60 FR 21447..
7002.0015..............  Definitions...........        08/10/93  05/02/95, 60 FR 21447..  Only Subp. 1 and 2.
----------------------------------------------------------------------------------------------------------------
                                   CHAPTER 7005 DEFINITIONS AND ABBREVIATIONS
----------------------------------------------------------------------------------------------------------------
7005.0100..............  Definitions...........        11/19/07  08/10/11, 76 FR 49303..
7005.0110..............  Abbreviations.........     07/93-06/94  08/10/11, 76 FR 49303..  18 SR 1412.
                                        CHAPTER 7007 AIR EMISSION PERMITS
----------------------------------------------------------------------------------------------------------------
7007.0050..............  Scope.................        08/10/93  05/02/95, 60 FR 21447..
7007.0100..............  Definitions...........        08/10/93  05/02/95, 60 FR 21447..
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 9a, 12a,
                                                                                           12b, 17, 18a, and 28.
7007.0150..............  Permit required.......        08/10/93  05/02/95, 60 FR 21447..
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 2 and 4.
7007.0200..............  Sources required or           08/10/93  05/02/95, 60 FR 21447..
                          allowed to obtain a
                          part 70 permit.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 1.

[[Page 234]]

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

[[Page 235]]

 
7007.1200..............  Calculating emission          12/27/94  05/18/99, 64 FR 26880..
                          changes for permit
                          amendments.
7007.1250..............  Insignificant                 08/10/93  05/02/95, 60 FR 21447..
                          modifications.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 1.
7007.1251..............  Hazardous air                 12/27/94  05/18/99, 64 FR 26880..
                          pollutant thresholds.
7007.1300..............  Insignificant                 08/10/93  05/02/95, 60 FR 21447..
                          activities list.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 2, 3,
                                                                                           and 4.
7007.1350..............  Changes which                 08/10/93  05/02/95, 60 FR 21447..
                          contravene certain
                          permit terms.
7007.1400..............  Administrative permit         08/10/93  05/02/95, 60 FR 21447..
                          amendments.
7007.1450..............  Minor and moderate            08/10/93  05/02/95, 60 FR 21447..
                          permit amendments.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 2.
7007.1500..............  Major permit                  08/10/93  05/02/95, 60 FR 21447..
                          amendments.
7007.1600..............  Permit reopening and          08/10/93  05/02/95, 60 FR 21447..
                          amendment by agency.
7007.1650..............  Reopenings for cause          08/10/93  05/02/95, 60 FR 21447..
                          by EPA.
7007.1700..............  Permit revocation by          08/10/93  05/02/95, 60 FR 21447..
                          agency.
7007.1750..............  Federal enforceability        08/10/93  05/02/95, 60 FR 21447..
7007.1800..............  Permit shield.........        08/10/93  05/02/95, 60 FR 21447..
7007.1850..............  Emergency provision...        08/10/93  05/02/95, 60 FR 21447..
----------------------------------------------------------------------------------------------------------------
                                                     Offsets
----------------------------------------------------------------------------------------------------------------
7007.4000..............  Scope.................        10/18/93  05/24/95, 60 FR 27411..
7007.4010..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7007.4020..............  Conditions for permit.        10/18/93  05/24/95, 60 FR 27411..
7007.4030..............  Limitation on use of          10/18/93  05/24/95, 60 FR 27411..
                          offsets.
----------------------------------------------------------------------------------------------------------------
                                   CHAPTER 7009 AMBIENT AIR QUALITY STANDARDS
----------------------------------------------------------------------------------------------------------------
7009.0010..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7009.0020..............  Prohibited emissions..        10/18/93  5/24/95, 60 FR 27411...
7009.0050..............  Interpretation and              6/1/99  8/10/11, 76 FR 49303...
                          measurement
                          methodology, except
                          for hydrogen sulfide.
7009.0060..............  Measurement                07/94-06/95  08/10/11, 76 FR 49303..  19 SR 550.
                          methodology for
                          hydrogen sulfide.
7009.0070..............  Time of compliance....        10/18/93  05/24/95, 60 FR 27411.   7.
7009.0080..............  State ambient air             06/01/99  08/10/11, 76 FR 49303..
                          quality standards.
----------------------------------------------------------------------------------------------------------------
                                             Air Pollution Episodes
----------------------------------------------------------------------------------------------------------------
7009.1000..............  Air pollution episodes        03/18/96  08/10/11, 76 FR 49303..
7009.1010..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411.   ......................
7009.1020..............  Episode levels........        10/18/93  05/24/95, 60 FR 27411.   ......................
7009.1030..............  Episode declaration...        10/18/93  05/24/95, 60 FR 27411.   ......................

[[Page 236]]

 
7009.1040..............  Control actions.......        01/12/98  08/10/11, 76 FR 49303..
7009.1050..............  Emergency powers......        10/18/93  05/24/95, 60 FR 27411.   ......................
7009.1060..............  Table 1...............        10/18/93  05/24/95, 60 FR 27411
7009.1070..............  Table 2: emission             10/18/93  05/24/95, 60 FR 27411.   ......................
                          reduction objectives
                          for particulate
                          matter.
7009.1080..............  Table 3: emission             10/18/93  05/24/95, 60 FR 27411.   ......................
                          objectives for sulfur
                          oxides.
7009.1090..............  Table 4: emission             10/18/93  05/24/95, 60 FR 27411.   ......................
                          reduction objectives
                          for nitrogen oxides.
7009.1100..............  Table 5: emission             10/18/93  05/24/95, 60 FR 27411.   ......................
                          reduction objectives
                          for hydrocarbons.
7009.1110..............  Table 6: emission             10/18/93  05/24/95, 60 FR 27411.   ......................
                          reduction objectives
                          for carbon monoxide.
----------------------------------------------------------------------------------------------------------------
                                         Adoption of Federal Regulations
----------------------------------------------------------------------------------------------------------------
7009.9000..............  Determining conformity        11/20/95  04/23/97, 62 FR 19674.
                          of general Federal
                          actions to state or
                          Federal
                          implementation plans.
----------------------------------------------------------------------------------------------------------------
                                  CHAPTER 7011 STANDARDS FOR STATIONARY SOURCES
----------------------------------------------------------------------------------------------------------------
7011.0010..............  Applicability of              06/01/99  08/10/11, 76 FR 49303..
                          standards of
                          performance.
7011.0020..............  Circumvention.........        10/18/93  05/24/95, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------
                                                Control Equipment
----------------------------------------------------------------------------------------------------------------
7011.0060..............  Definitions...........        11/19/07  08/10/11, 76 FR 49303..
7011.0061..............  Incorporation by              11/19/07  08/10/11, 76 FR 49303..
                          reference.
7011.0065..............  Applicability.........        11/19/07  08/10/11, 76 FR 49303..
7011.0070..............  Listed control                11/19/07  08/10/11, 76 FR 49303..
                          equipment and control
                          equipment
                          efficiencies.
7011.0072..............  Requirements for              11/19/07  08/10/11, 76 FR 49303..
                          certified hoods.
7011.0075..............  Listed control                11/19/07  08/10/11, 76 FR 49303..
                          equipment general
                          requirements.
7011.0080..............  Monitoring and record         11/19/07  08/10/11, 76 FR 49303..
                          keeping for listed
                          control equipment.
----------------------------------------------------------------------------------------------------------------
                                 Emission Standards for Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
7011.0100..............  Scope.................        10/18/93  05/24/95, 60 FR 27411.
7011.0105..............  Visible emission              07/13/98  08/10/11, 76 FR 49303..
                          restrictions for
                          existing facilities.
7011.0110..............  Visible emission              01/12/98  08/10/11, 76 FR 49303..
                          restrictions for new
                          facilities.
7011.0115..............  Performance tests.....     07/93-06/94  08/10/11, 76 FR 49303..  18 SR 1412.
----------------------------------------------------------------------------------------------------------------
                                      Control of Fugitive Pariculate Matter
----------------------------------------------------------------------------------------------------------------
7011.0150..............  Preventing particulate        03/18/96  08/10/11, 76 FR 49303..
                          matter from becoming
                          airborne.
----------------------------------------------------------------------------------------------------------------
                                 Indirect Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0500..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411.
7011.0505..............  Determination of              10/18/93  05/24/95, 60 FR 27411.
                          applicable standards
                          of performance.
7011.0510..............  Standards of                  07/13/98  08/10/11, 76 FR 49303..
                          performance for
                          existing indirect
                          heating equipment.

[[Page 237]]

 
7011.0515..............  Standards of                  07/13/98  08/10/11, 76 FR 49303..
                          performance for new
                          indirect heating
                          equipment.
7011.0520..............  Allowance for stack           10/18/93  05/24/95, 60 FR 27411.
                          height for indirect
                          heating equipment.
7011.0525..............  High heating value....        10/18/93  05/24/95, 60 FR 27411.
7011.0530..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.0535..............  Performance test              01/12/98  08/10/11, 76 FR 49303..
                          procedures.
7011.0540..............  Derate................        10/18/93  05/24/95, 60 FR 27411.
7011.0545..............  Table I: existing             10/18/93  05/24/95, 60 FR 27411.
                          indirect heating
                          equipment.
7011.0550..............  Table II: new indirect        10/18/93  05/24/95, 60 FR 27411.
                          heating equipment.
7011.0551..............  Record keeping and            05/11/98  08/10/11, 76 FR 49303..
                          reporting for
                          indirect heating
                          units combusting
                          solid waste.
7011.0553..............  Nitrogen oxides            07/94-06/95  08/10/11, 76 FR 49303..  19 SR 1666.
                          emission reduction
                          requirements for
                          affected sources.
----------------------------------------------------------------------------------------------------------------
                                  Direct Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0600..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411.
7011.0605..............  Determination of              10/18/93  05/24/95, 60 FR 27411.
                          applicable standards
                          of performance.
7011.0610..............  Standards of                  07/13/98  08/10/11, 76 FR 49303..
                          performance for
                          fossil-fuel-burning
                          direct heating
                          equipment.
7011.0615..............  Performance test              10/18/93  05/24/95, 60 FR 27411.
                          methods.
7011.0620..............  Performance test              01/12/98  08/10/11, 76 FR 49303..
                          procedures.
7011.0625..............  Record keeping and            05/11/98  08/10/11, 76 FR 49303..
                          reporting for direct
                          heating units
                          combusting solid
                          waste.
----------------------------------------------------------------------------------------------------------------
                                          Industrial Process Equipment
----------------------------------------------------------------------------------------------------------------
7011.0700..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.0705..............  Scope.................        10/18/93  05/24/95, 60 FR 27411.
7011.0710..............  Standards of                  07/13/98  08/10/11, 76 FR 49303..
                          performance for pre-
                          1969 industrial
                          process equipment.
7011.0715..............  Standards of                  10/18/93  05/24/95, 60 FR 27411.
                          performance for post-
                          1969 industrial
                          process equipment.
7011.0720..............  Performance test              10/18/93  05/24/95, 60 FR 27411.
                          methods.
7011.0725..............  Performance test           07/93-06/94  08/10/11, 76 FR 49303..  18 SR 1412.
                          procedures.
7011.0730..............  Table 1...............        11/19/07  08/10/11, 76 FR 49303..
7011.0735..............  Table 2...............        10/18/93  05/24/95, 60 FR 27411..
----------------------------------------------------------------------------------------------------------------
                              Concrete Manufacturing Plant Standards Of Performance
----------------------------------------------------------------------------------------------------------------
7011.0850..............  Definitions...........        04/21/03  08/10/11, 76 FR 49303..
7011.0852..............  Standards of                  11/23/98  08/10/11, 76 FR 49303..
                          performance for
                          concrete
                          manufacturing plants.
7011.0854..............  Concrete manufacturing        11/23/98  08/10/11, 76 FR 49303..
                          plant control
                          equipment
                          requirements.
7011.0857..............  Preventing particulate        11/23/98  08/10/11, 76 FR 49303..
                          matter from becoming
                          airborne.
7011.0858..............  Noise.................        11/23/98  08/10/11, 76 FR 49303..
7011.0859..............  Shutdown and breakdown        11/23/98  08/10/11, 76 FR 49303..
                          procedures.
7011.0865..............  Incorporations by             04/21/03  08/10/11, 76 FR 49303..
                          reference.

[[Page 238]]

 
7011.0870..............  Stage-one vapor               04/21/03  08/10/11, 76 FR 49303..
                          recovery.
----------------------------------------------------------------------------------------------------------------
                                             Hot Mix Asphalt Plants
----------------------------------------------------------------------------------------------------------------
7011.0900..............  Definitions...........        06/01/99  08/10/11, 76 FR 49303..
7011.0903..............  Compliance with               04/15/96  08/10/11, 76 FR 49303..
                          ambient air quality
                          standards.
7011.0905..............  Standards of                  04/15/96  08/10/11, 76 FR 49303..
                          performance for
                          existing asphalt
                          concrete plants.
7011.0911..............  Maintenance of dryer          04/15/96  08/10/11, 76 FR 49303..
                          burner.
7011.0913..............  Hot mix asphalt plant         05/24/04  08/10/11, 76 FR 49303..
                          materials, fuels, and
                          additives operating
                          requirements.
7011.0917..............  Asphalt plant control         11/29/04  08/10/11, 76 FR 49303..
                          equipment
                          requirements.
7011.0920..............  Performance tests.....        04/15/96  08/10/11, 76 FR 49303..
7011.0922..............  Operational                   04/15/96  08/10/11, 76 FR 49303..
                          requirements and
                          limitations from
                          performance tests.
----------------------------------------------------------------------------------------------------------------
                                     Bulk Agricultural Commodity Facilities
----------------------------------------------------------------------------------------------------------------
7011.1000..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411.
7011.1005..............  Standards of                  11/19/07  08/10/11, 76 FR 49303..
                          performance for dry
                          bulk agricultural
                          commodity facilities.
7011.1010..............  Nuisance..............        10/18/93  05/24/95, 60 FR 27411.
7011.1015..............  Control requirements          10/18/93  05/24/95, 60 FR 27411.
                          schedule.
----------------------------------------------------------------------------------------------------------------
                                            Coal Handling Facilities
----------------------------------------------------------------------------------------------------------------
7011.1100..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411.
7011.1105..............  Standards of                  01/12/98  08/10/11, 76 FR 49303..
                          performance for
                          certain coal handling
                          facilities.
7011.1110..............  Standards of                  01/12/98  08/10/11, 76 FR 49303..
                          performance for
                          existing outstate
                          coal handling
                          facilities.
7011.1115..............  Standards of                  10/18/93  05/24/95, 60 FR 27411.
                          performance for
                          pneumatic coal-
                          cleaning equipment
                          and thermal dryers at
                          any coal handling
                          facility.
7011.1120..............  Exemption.............        10/18/93  05/24/95, 60 FR 27411.
7011.1125..............  Cessation of                  10/18/93  05/24/95, 60 FR 27411.
                          operations.
7011.1135..............  Performance test           07/93-06/94  08/10/11, 76 FR 49303..  18 SR 1412.
                          procedures.
7011.1140..............  Dust suppressant              10/18/93  05/24/95, 60 FR 27411.
                          agents.
----------------------------------------------------------------------------------------------------------------
                                                Waste Combustors
----------------------------------------------------------------------------------------------------------------
7011.1201..............  Definitions...........        05/11/98  08/10/11, 76 FR 49303..
7011.1205..............  Incorporations by             05/11/98  08/10/11, 76 FR 49303..
                          reference.
----------------------------------------------------------------------------------------------------------------
                                                  Incinerators
----------------------------------------------------------------------------------------------------------------
7011.1300..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411.
7011.1305..............  Standards of                  07/13/98  08/10/11, 76 FR 49303..
                          performance for
                          existing sewage
                          sludge incinerators.
7011.1310..............  Standards of                  01/12/98  08/10/11, 76 FR 49303..
                          performance for new
                          sewage sludge
                          incinerators.
7011.1315..............  Monitoring of                 10/18/93  05/24/95, 60 FR 27411.
                          operations.

[[Page 239]]

 
7011.1320..............  Performance test              10/18/93  05/24/95, 60 FR 27411.
                          methods.
7011.1325..............  Performance test           07/93-06/94  08/10/11, 76 FR 49303..  18 SR 1412.
                          procedures.
----------------------------------------------------------------------------------------------------------------
                                              Petroleum Refineries
----------------------------------------------------------------------------------------------------------------
7011.1400..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411.
7011.1405..............  Standards of                  07/13/98  08/10/11, 76 FR 49303..
                          performance for
                          existing affected
                          facilities at
                          petroleum refineries.
7011.1410..............  Standards of                  07/13/98  08/10/11, 76 FR 49303..
                          performance for new
                          affected facilities
                          at petroleum
                          refineries.
7011.1415..............  Exemptions............        01/12/98  08/10/11, 76 FR 49303..
7011.1420..............  Emission monitoring...        03/01/99  08/10/11, 76 FR 49303..
7011.1425..............  Performance test              10/18/93  05/24/95, 60 FR 27411.
                          methods.
7011.1430..............  Performance test           07/93-06/94  08/10/11, 76 FR 49303..  18 SR 1412.
                          procedures.
----------------------------------------------------------------------------------------------------------------
                          Liquid Petroleum And Volatile Organic Liquid Storage Vessels
----------------------------------------------------------------------------------------------------------------
7011.1500..............  Definitions...........        06/01/99
7011.1505..............  Standards of                  10/18/93  05/24/95, 60 FR 27411.
                          performance for
                          storage vessels.
7011.1510..............  Monitoring of                 10/18/93  05/24/95, 60 FR 27411.
                          operations.
7011.1515..............  Exception.............        10/18/93  05/24/95, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------
                                              Sulfuric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1600..............  Definitions...........        01/12/98
7011.1605..............  Standards of                  10/18/93  05/24/95, 60 FR 27411.
                          performance of
                          existing sulfuric
                          acid production units.
7011.1615..............  Continuous emission           03/01/99  08/10/11, 76 FR 49303..
                          monitoring.
7011.1620..............  Performance test              10/18/93  05/24/95, 60 FR 27411.
                          methods.
7011.1625..............  Performance test                    *1  08/10/11, 76 FR 49303..
                          procedures.
7011.1630..............  Exceptions............     07/93-06/94  08/10/11, 76 FR 49303..  18 SR 1412.
----------------------------------------------------------------------------------------------------------------
                                               Nitric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1700..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411.
7011.1705..............  Standards of                  01/12/98  08/10/11, 76 FR 49303..
                          performance for
                          existing nitric acid
                          production units.
7011.1715..............  Emission monitoring...        03/01/99  08/10/11, 76 FR 49303..
7011.1720..............  Performance test              10/18/93  05/24/95, 60 FR 27411.
                          methods.
7011.1725..............  Performance test           07/93-06/94  08/10/11, 76 FR 49303..  18 SR 1412.
                          procedures.
----------------------------------------------------------------------------------------------------------------
                               Emission Standards For Inorganic Fibrous Materials
----------------------------------------------------------------------------------------------------------------
7011.2100..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411.
7011.2105..............  Spraying of inorganic         10/18/93  05/24/95, 60 FR 27411.
                          fibrous materials.
----------------------------------------------------------------------------------------------------------------

[[Page 240]]

 
                                     Stationary Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
7011.2300..............  Standards of                  02/21/95  08/10/11, 76 FR 49303..
                          performance for
                          stationary internal
                          combustion engines.
----------------------------------------------------------------------------------------------------------------
                                CHAPTER 7017 MONITORING AND TESTING REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7017.0100..............  Establishing                  02/28/95  10/14/97, 62 FR 53239.
                          violations.
----------------------------------------------------------------------------------------------------------------
                                         Compliance Assurance Monitoring
----------------------------------------------------------------------------------------------------------------
7017.0200..............  Incorporation by              05/24/04  08/10/11, 76 FR 49303..
                          reference.
----------------------------------------------------------------------------------------------------------------
                                          Continuous Monitoring Systems
----------------------------------------------------------------------------------------------------------------
7017.1002..............  Definitions...........        03/01/99  08/10/11, 76 FR 49303..
7017.1004..............  Applicability.........        03/01/99  08/10/11, 76 FR 49303..
7017.1006..............  Requirement to install        03/01/99  08/10/11, 76 FR 49303..
                          monitor.
7017.1010..............  Incorporation of              03/01/99  08/10/11, 76 FR 49303..
                          Federal monitoring
                          requirements by
                          reference.
7017.1020..............  Continuous emission        07/94-06/95  08/10/11, 76 FR 49303..  19 SR 1666.
                          monitoring by
                          affected sources.
7017.1030..............  Agency access to              03/01/99  08/10/11, 76 FR 49303..
                          witness or conduct
                          tests.
7017.1035..............  Testing required......        03/01/99  08/10/11, 76 FR 49303..
7017.1040..............  Installation                  03/01/99  08/10/11, 76 FR 49303..
                          requirements.
7017.1050..............  Monitor certification         03/01/99  08/10/11, 76 FR 49303..
                          and recertification
                          test.
7017.1060..............  Precertification test         03/01/99  08/10/11, 76 FR 49303..
                          requirements.
7017.1070..............  Certification test            03/01/99  08/10/11, 76 FR 49303..
                          procedures.
7017.1080..............  Certification test            03/01/99  08/10/11, 76 FR 49303..
                          report requirements.
7017.1090..............  Monitor operational           03/01/99  08/10/11, 76 FR 49303..
                          requirements.
7017.1100..............  Evidence of                   03/01/99  08/10/11, 76 FR 49303..
                          noncompliance.
7017.1110..............  Excess emissions              03/01/99  08/10/11, 76 FR 49303..
                          reports.
7017.1120..............  Submittals............        03/01/99  08/10/11, 76 FR 49303..
7017.1130..............  Record keeping........        03/01/99  08/10/11, 76 FR 49303..
7017.1135..............  Applicability.........        03/01/99  08/10/11, 76 FR 49303..
7017.1140..............  CEMS design                   03/01/99  08/10/11, 76 FR 49303..
                          requirements.
7017.1150..............  CEMS testing company          03/01/99  08/10/11, 76 FR 49303..
                          requirement.
7017.1160..............  CEMS monitoring data..        03/01/99  08/10/11, 76 FR 49303..
7017.1170..............  Quality assurance and         03/01/99  08/10/11, 76 FR 49303..
                          control requirements
                          for CEMS.
7017.1180..............  Quality control               03/01/99  08/10/11, 76 FR 49303..
                          reporting and
                          notification
                          requirements for CEMS.
7017.1185..............  Applicability.........        03/01/99  08/10/11, 76 FR 49303..
7017.1190..............  COMS design                   03/01/99  08/10/11, 76 FR 49303..
                          requirements.
7017.1200..............  COMS monitoring data..        03/01/99  08/10/11, 76 FR 49303..
7017.1210..............  Quality assurance and         03/01/99  08/10/11, 76 FR 49303..
                          control requirements
                          for COMS.

[[Page 241]]

 
7017.1220..............  Quality assurance and         03/01/99  08/10/11, 76 FR 49303..
                          control reporting
                          requirements for COMS.
----------------------------------------------------------------------------------------------------------------
                                                Performance Tests
----------------------------------------------------------------------------------------------------------------
7017.2001..............  Applicability.........        07/13/98  08/10/11, 76 FR 49303..
7017.2005..............  Definitions...........        11/19/07  08/10/11, 76 FR 49303..
7017.2010..............  Incorporation of test         07/13/98  08/10/11, 76 FR 49303..
                          methods by reference.
7017.2015..............  Incorporation of              07/13/98  08/10/11, 76 FR 49303..
                          Federal testing
                          requirements by
                          reference.
7017.2018..............  Submittals............        05/24/04  08/10/11, 76 FR 49303..
7017.2020..............  Performance tests             11/19/07  08/10/11, 76 FR 49303..
                          general requirements.
7017.2025..............  Operational                   03/01/99  08/10/11, 76 FR 49303..
                          requirements and
                          limitations.
7017.2030..............  Performance test              03/01/99  08/10/11, 76 FR 49303..
                          pretest requirements.
7017.2035..............  Performance test              07/13/98  08/10/11, 76 FR 49303..
                          reporting
                          requirements.
7017.2040..............  Certification of              07/13/98  05/13/02, 67 FR 31963..
                          performance test
                          results.
7017.2045..............  Quality assurance             07/13/98  08/10/11, 76 FR 49303..
                          requirements.
7017.2050..............  Performance test              07/13/98  08/10/11, 76 FR 49303..
                          methods.
7017.2060..............  Performance test              07/13/98  08/10/11, 76 FR 49303..
                          procedures.
----------------------------------------------------------------------------------------------------------------
                                  CHAPTER 7019 EMISSION INVENTORY REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7019.1000..............  Shutdowns and                 06/01/99  08/10/11, 76 FR 49303..
                          breakdowns.
7019.3000..............  Emission inventory....        11/19/07  08/10/11, 76 FR 49303..
7019.3020..............  Calculation of actual         11/19/07  08/10/11, 76 FR 49303..
                          emissions for
                          emission inventory.
7019.3030..............  Method of calculation.        11/19/07  08/10/11, 76 FR 49303..
7019.3040..............  Continuous emission           03/01/99  08/10/11, 76 FR 49303..
                          monitor (CEM) data.
7019.3050..............  Performance test data.        11/19/07  08/10/11, 76 FR 49303..
7019.3060..............  Volatile organic                  1997  08/10/11, 76 FR 49303..  21 SR 165.
                          compound (VOC)
                          material balance.
7019.3070..............  So material balance...            1997  08/10/11, 76 FR 49303..  21 SR 165.
7019.3080..............  Emission factors......        11/19/07  08/10/11, 76 FR 49303..
7019.3090..............  Enforceable                       1997  08/10/11, 76 FR 49303..  21 SR 165.
                          limitations.
7019.3100..............  Facility proposal.....            1997  08/10/11, 76 FR 49303..  21 SR 165.
                                    CHAPTER 7023 MOBILE AND INDIRECT SOURCES
----------------------------------------------------------------------------------------------------------------
7023.0100..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7023.0105..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for motor
                          vehicles.
7023.0110..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          trains, boats, and
                          construction
                          equipment.
7023.0115..............  Exemption.............        10/18/93  05/24/95, 60 FR 27411..
7023.0120..............  Air pollution control         10/18/93  05/24/95, 60 FR 27411..
                          systems restrictions.
7023.1010..............  Definitions...........        01/08/94  10/29/99, 64 FR 58344..  Entire rule except for
                                                                                           Subp. 35(B)
7023.1015..............  Inspection Requirement        01/08/94  10/29/99, 64 FR 58344..

[[Page 242]]

 
7023.1020..............  Description of                01/08/94  10/29/99, 64 FR 58344..
                          Inspection and
                          Documents Required.
7023.1025..............  Tampering Inspection..        01/08/94  10/29/99, 64 FR 58344..
7023.1030..............  Exhaust Emission Test.        01/08/94  10/29/99, 64 FR 58344..  Entire rule except for
                                                                                           Subp. 11(B, C)
7023.1035..............  Reinspections.........        01/08/94  10/29/99, 64 FR 58344..
7023.1040..............  Vehicle Inspection            01/08/94  10/29/99, 64 FR 58344..
                          Report.
7023.1045..............  Certificate of                01/08/94  10/29/99, 64 FR 58344..
                          Compliance.
7023.1050..............  Vehicle Noncompliance         01/08/94  10/29/99, 64 FR 58344..
                          and Repair.
7023.1055..............  Certificate of Waiver.        01/08/94  10/29/99, 64 FR 58344..  Entire rule except for
                                                                                           Subp. 1 (E)(2).
7023.1060..............  Emission Control              01/08/94  10/29/99, 64 FR 58344..
                          Equipment Inspection
                          as a Condition of
                          Waiver.
7023.1065..............  Repair Cost Limit and         01/08/94  10/29/99, 64 FR 58344..
                          Low Emission
                          Adjustment.
7023.1070..............  Certificate of                01/08/94  10/29/99, 64 FR 58344..
                          Temporary Extension,
                          Certificate of Annual
                          Exemption, and
                          Certificate of
                          Exemption.
7023.1075..............  Evidence of Meeting           01/08/94  10/29/99, 64 FR 58344..
                          State Inspection
                          Requirements.
7023.1080..............  Fleet Inspection              01/08/94  10/29/99, 64 FR 58344..
                          Station Permits,
                          Procedures, and
                          Inspection.
7023.1085..............  Inspection Stations           01/08/94  10/29/99, 64 FR 58344..
                          Testing Fleet
                          Vehicles.
7023.1090..............  Exhaust Gas Analyzer          01/08/94  10/29/99, 64 FR 58344..
                          Specifications;
                          Calibration and
                          Qality Control.
7023.1095..............  [repealed, 18 sr 1593]        01/08/94  10/29/99, 64 FR 58344..
7023.1100..............  Public Notification...        01/08/94  10/29/99, 64 FR 58344..
7023.1105..............  Inspection Fees.......        01/08/94  10/29/99, 64 FR 58344..  ......................
----------------------------------------------------------------------------------------------------------------
                                               Minnesota Statutes
----------------------------------------------------------------------------------------------------------------
17.135.................  Farm Disposal of Solid            1993  05/24/95, 60 FR 27411..  Only item (a).
                          Waste.
88.01..................  Definitions...........            1993  05/24/95, 60 FR 27411..  Only Subd. 1, 2, 3, 4,
                                                                                           6, 14, 20, 23, 24,
                                                                                           25, and 26.
88.02..................  Citation, Wildfire Act            1993  05/24/95, 60 FR 27411..
88.03..................  Codification..........            1993  05/24/95, 60 FR 27411..
88.16..................  Starting Fires;                   1993  05/24/95, 60 FR 27411..  Only Subd. 1 and 2
                          Burners; Failure to
                          Report a Fire.
88.17..................  Permission to Start               1993  05/24/95, 60 FR 27411..
                          Fires; Prosecution
                          for Unlawfully
                          Starting Fires.
88.171.................  Open Burning                      1993  05/24/95, 60 FR 27411..  Only Subd. 1, 2, 5, 6,
                          Prohibitions.                                                    7, 8, 9, and 10
----------------------------------------------------------------------------------------------------------------
                               Twin Cities Nonattainment Area for Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
116.60.................  ......................            1999  10/29/99, 64 FR 58344..  Only Subd. 12.
116.61.................  ......................            1999  10/29/99, 64 FR 58344..  Only Subd. 1 and 3.
116.62.................  ......................            1999  10/29/99, 64 FR 58344..  Only Subd. 2, 3, 5,
                                                                                           and 10.
116.63.................  ......................            1999  10/29/99, 64 FR 58344..  Only Subd. 4.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved state source-specific requirements.

[[Page 243]]



                                 EPA--Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
                                                     State
        Name of source            Permit No.    effective date         EPA approval date             Comments
----------------------------------------------------------------------------------------------------------------
Aggregate Industries.........     12300007-002        04/03/09  3/11/10, 75 FR 11461...........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for PM10
                                                                                                  NAAQS.''
Associated Milk Producers,        10900010-001          5/5/97  3/9/01, 66 FR 14087............  Title I
 Inc.                                                                                             conditions
                                                                                                  only.
Commercial Asphalt CO, Plant      12300347-002         9/10/99  7/12/00, 65 FR 42861...........  Title I
 905.                                                                                             conditions
                                                                                                  only.
                                                       2/25/94  9/09/94, 59 FR 46553...........  Amendment One
                                                                                                  to Findings
                                                                                                  and Order.
ELT Minneapolis, LLC.........    003000245-001        09/10/08  August 3, 2010, 75 FR 45480....  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
Federal Cartridge Company....     00300156-003        12/28/07  4/24/09, 74 FR 18634...........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
Flint Hills Resources Pine     ...............        08/29/11  05/15/13, 78 FR 28501..........  Amendment Nine
 Bend, LLC.                                                                                       to Findings
                                                                                                  and Order.
Franklin Heating Station.....     1148-83-OT-1         6/19/98  3/09/01, 66 FR 14087...........  Title I
                                    [10900019]                                                    conditions
                                                                                                  only.
GAF Building Materials.......  ...............         5/27/92  4/14/94, 59 FR 17703...........  Findings and
                                                                                                  Order.
                                                       9/18/97  2/08/99, 64 FR 5936............  Amendment Two
                                                                                                  to Findings
                                                                                                  and Order.
Gerdau Ameristeel US, Inc....     12300055-004         9/10/08  5/20/09, 74 FR 23632...........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for PM10
                                                                                                  NAAQS.''
Gopher Resource, LLC.........     03700016-003         6/29/10  1/13/11, 76 FR 2263............  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for Lead
                                                                                                  NAAQS.''
Great Lakes Coal & Dock Co...                          8/25/92  02/15/94, 59 FR 7218...........  Amended
                                                                                                  Findings and
                                                                                                  Order.
                                                      12/21/94  6/13/95, 60 FR 31088...........  Amendment One
                                                                                                  to Amended
                                                                                                  Findings and
                                                                                                  Order.
Harvest States Cooperatives..                          1/26/93  2/15/94, 59 FR 7218............  Findings and
                                                                                                  Order.
                                                      12/21/94  6/13/95, 60 FR 31088...........  Amendment One
                                                                                                  to Findings
                                                                                                  and Order.
Hoffman Enclosures...........     00300155-001        01/31/08  4/24/09, 74 FR 18634...........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
International Business            10900006-001        06/03/98  03/09/01, 66 FR 14087..........  Title I
 Machine Corp., IBM--                                                                             conditions
 Rochester.                                                                                       only.
Lafarge North America             12300391-002        11/17/07  9/11/07, 72 FR 51713...........  Only conditions
 Corporation, Childs Road                                                                         cited as
 Terminal.                                                                                        ``Title I
                                                                                                  condition: SIP
                                                                                                  for PM-10
                                                                                                  NAAQS.''
Lafarge Corp., Red Rock           12300353-002        05/07/02  08/19/04, 68 FR 51371..........  Title I
 Terminal.                                                                                        conditions
                                                                                                  only.
Marathon Petroleum, LLC......     16300003-016        09/11/09  12/28/10, 75 FR 81471..........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
Metropolitan Council              12300053-006        02/25/10  12/16/10, 75 FR 78602..........  Only conditions
 Environmental Services                                                                           cited as
 Metropolitan Wastewater                                                                          ``Title I
 Treatment Plant.                                                                                 condition: SIP
                                                                                                  for PM10
                                                                                                  NAAQS.''
Minneapolis Energy Center Inc                         05/27/92  04/14/94, 59 FR 17706..........  Findings and
                                                                                                  Order for Main
                                                                                                  Plant, Baker
                                                                                                  Boiler Plant,
                                                                                                  and the Soo
                                                                                                  Line Boiler
                                                                                                  Plant.
                                                      12/21/94  06/13/95, 60 FR 31088..........  Amendment One
                                                                                                  to Third
                                                                                                  Amended
                                                                                                  Findings and
                                                                                                  Order.
                                                      09/23/97  02/08/99, 64 FR 5936...........  Amendment Two
                                                                                                  to Third
                                                                                                  Amended
                                                                                                  Findings and
                                                                                                  Order.
Northern States Power Co.,        05300015-001        05/11/99  02/26/02, 67 FR 8727...........  Title I
 Riverside Plant.                                                                                 conditions
                                                                                                  only.
Olmsted County, Olmsted Waste-    10900005-002        08/23/07  04/21/09, 74 FR 18138..........  Only conditions
 to-Energy Facility.                                                                              cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2.''

[[Page 244]]

 
Rochester Public Utilities,      100900020-003        12/28/07  4/24/09, 74 FR 18638...........  Only conditions
 Cascade Creek Combustion.                                                                        cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
Rochester Public Utilities,       10900011-004          9/7/07  December 2, 2009, 74 FR 63066..  Only conditions
 Silver Lake Plant.                                                                               cited as
                                                                                                  ``Title I
                                                                                                  Condition: SIP
                                                                                                  for SO2'' and
                                                                                                  ``Title I
                                                                                                  Condition: SIP
                                                                                                  for PM10.''
St. Mary's Hospital..........     10900008-003          3/1/10  8/12/10, 75 FR 48864...........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''.
St. Paul Terminals...........                         02/02/96  07/22/97, 62 FR 39120..........  Findings and
                                                                                                  Order.
Xcel Energy--Inver Hills          03700015-003        10/27/06  12/5/07, 72 FR 68508...........  Only conditions
 Generating Plant.                                                                                cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
Xcel Energy--Northern States    Administrative        05/02/12  6/12/2012, 77 FR 34801.........  See Final Rule
 Power Company, Sherburne                Order                                                    for details.
 County Generating Station.
----------------------------------------------------------------------------------------------------------------

    (e) EPA approved nonregulatory provisions.

                                                    EPA--Approved Minnesota Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Applicable geographic   State submittal date/ effective
 Name of nonregulatory SIP provision   or nonattainment area                date                        EPA approved date                Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Quality Surveillance Plan.......  Statewide.............  05/08/80, 06/02/80..............  03/04/81, 46 FR 15138...........
CAA 110(a)(2)(D)(i) SIP-Interstate    Statewide.............  10/23/07........................  06/02/08, 73 FR 31366...........
 Transport.
Carbon Monoxide 1993 periodic         Anoka, Carver, Dakota,  09/28/95........................  10/23/97, 62 FR 55170...........
 Emission Inventory.                   Hennepin, Ramsey,
                                       Scott, Washington,
                                       and Wright Counties.
Deletion of TSP Designations........  Statewide.............                                    07/10/02, 67 FR 45637...........
Duluth Carbon Monoxide Redesignation  St. Louis County        10/30/92........................  04/14/94, 59 FR 17708...........
 and Maintenance Plan.                 (part).
Duluth Carbon Monoxide                St. Louis County......  07/3/79 and 07/27/79............  06/16/80, 45 FR 40579...........
 Transportation Control Plan.
                                                              10/30/92........................  04/14/94, 59 FR 17706...........  Removal of
                                                                                                                                   transportation
                                                                                                                                   control measure.
Lead Maintenance Plan...............  Dakota County.........  06/22/93........................  10/18/94, 59 FR 52431...........  Corrected codification
                                                                                                                                   information on 05/31/
                                                                                                                                   95 at 60 FR 28339.
Lead Monitoring Plan................  Statewide.............  04/26/83, 02/15/84, and 02/21/84  07/05/84, 49 FR 27502...........  Entire Lead Plan
                                                                                                                                   except for the New
                                                                                                                                   Source Review
                                                                                                                                   portion.
Oxygenated Fuels Program--Carbon      Anoka, Carver, Dakota,  04/29/92........................  02/21/96, 61 FR6547.............  Laws of Minnesota for
 Monoxide Contingency Measure.         Hennepin, Ramsey,                                                                           1992 Chapter 575,
                                       Scott, Washington,                                                                          section 29(b).
                                       and Wright Counties.
Regional Haze Plan..................  statewide.............  12/30/2009 and 5/8/2012.........  6/12/2012, 77 FR 34801..........  Includes all regional
                                                                                                                                   haze plan elements
                                                                                                                                   except BART emission
                                                                                                                                   limitations for the
                                                                                                                                   taconite facilities.

[[Page 245]]

 
Rochester Carbon Monoxide             Olmstead County.......  07/3/79 and 07/27/79............  06/16/80, 45 FR 40579...........
 Transportation Control Plan.
Rochester PM-10 Redesignation and     Olmstead County.......  09/07/94........................  05/31/95, 60 FR 28339...........
 Maintenance Plan.
Rochester Sulfur Dioxide              Olmstead County.......  110/4/98........................  03/09/01, 66 FR 14087...........
 Redesignation and Maintenance Plan.
Small Business Stationary Source      Statewide.............  04/29/92........................  03/16/94, 59 FR 12165...........  MN Laws Ch 546
 Technical and Environmental                                                                                                       sections 5 through 9.
 Compliance Assistance Plan.
St. Cloud Carbon Monoxide             Benton, Sherbourne,     08/31/89........................  06/28/93, 58 FR 34532...........
 Redesignation.                        and Stearns Counties.
St. Cloud Carbon Monoxide             Benton, Sherbourne,     05/17/79........................  12/13/79, 44 FR 72116...........
 Transportation Control Plan.          and Stearns Counties.
                                                              08/31/89........................  06/28/93, 58 FR 34529...........
St. Paul PM-10 Redesignation and      Ramsey County.........  06/20/02........................  07/26/02, 67 FR 48787...........
 Maintenance Plan.
Twin Cities Carbon Monoxide           Anoka, Carver, Dakota,  03/23/98........................  10/29/99, 64 FR 58347...........
 Redesignation and Maintenance Plan.   Hennepin, Ramsey,
                                       Scott, Washington,
                                       and Wright Counties.
Twin Cities Carbon Monoxide           Anoka, Carver, Dakota,  07/3/79 and 07/27/79............  06/16/80, 45 FR 40579...........
 Transportation Control Plan.          Hennepin, Ramsey,      07/21/81........................  12/08/81, 46 FR 59972...........
                                       Scott, and Washington  05/20/85 and 04/17/86...........  12/31/86, 51 FR 47237...........
                                       Counties.
Twin Cities / Pine Bend Sulfur        Anoka, Carver, Dakota,  09/07/94........................  05/31/95, 60 FR 28339...........  Except for St. Paul
 Dioxide Redesignation and             Hennepin, Ramsey, and  ................................  ................................   Park area.
 Maintenance Plan.                     Washington Counties.   10/03/95........................  05/13/97, 62 FR 26230...........  St. Paul Park area.
Alternative Public Participation      Statewide.............  12/07/05........................  07/05/06, 71 FR 32274...........
 Process.
Lead Maintenance Plan...............  Dakota County.........  11/18/2002 and 11/19/2007.......  8/4/2008, 73 FR 31614...........  Maintenance plan
                                                                                                                                   update.
Section 110(a)(2) Infrastructure      Statewide.............  11/29/07........................  7/13/11, 76 FR 41075............  This action addresses
 Requirements for the 1997 8-Hour                                                                                                  the following CAA
 Ozone NAAQS.                                                                                                                      elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D)(ii), (E),
                                                                                                                                   (F), (G), (H), (J),
                                                                                                                                   (K), (L), and (M).
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for the
                                                                                                                                   prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C) and (J).

[[Page 246]]

 
Section 110(a)(2) Infrastructure      Statewide.............  11/29/07........................  7/13/11, 76 FR 41075............  This action addresses
 Requirements for the 1997 PM2.5                                                                                                   the following CAA
 NAAQS.                                                                                                                            elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D)(ii), (E),
                                                                                                                                   (F), (G), (H), (J),
                                                                                                                                   (K), (L), and (M).
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for the
                                                                                                                                   prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C) and (J).
Section 110(a)(2) Infrastructure      Statewide.............  5/23/2011, 6/27/2012 (submittal   10/29/2012, 77 FR 65478.........  This action addresses
 Requirements for the 2006 24-Hour                             dates).                                                             the following CAA
 Ozone NAAQS.                                                                                                                      elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D)(i)(II),
                                                                                                                                   (D)(ii), (E), (F),
                                                                                                                                   (G), (H), (J), (K),
                                                                                                                                   (L), and (M). We are
                                                                                                                                   not finalizing action
                                                                                                                                   on the visibility
                                                                                                                                   protection
                                                                                                                                   requirements of
                                                                                                                                   (D)(i)(II) or the
                                                                                                                                   state board
                                                                                                                                   requirements of
                                                                                                                                   (E)(ii). We will
                                                                                                                                   address these
                                                                                                                                   requirements in a
                                                                                                                                   separate action.
                                                                                                                                   Although EPA is
                                                                                                                                   disapproving portions
                                                                                                                                   of Minnesota's
                                                                                                                                   submission addressing
                                                                                                                                   the prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration,
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for this
                                                                                                                                   purpose as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C),
                                                                                                                                   (D)(i)(II), (D)(ii),
                                                                                                                                   and (J).
--------------------------------------------------------------------------------------------------------------------------------------------------------


[70 FR 8932, Feb. 24, 2005]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1220, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1221  Classification of regions.

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

[[Page 247]]



----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Central Minnesota Intrastate.........................          II        III       III       III           III
Southeast Minnesota-La Crosse (Wisconsin) Interstate.          II         Ia       III       III           III
Duluth (Minnesota)-Superior (Wisconsin) Interstate...           I         II       III       III           III
Metropolitan Fargo-Moorhead Interstate...............          II        III       III       III           III
Minneapolis-St. Paul Intrastate......................           I          I       III         I           III
Northwest Minnesota Intrastate.......................          II        III       III       III           III
Southwest Minnesota Intrastate.......................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10874, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]



Sec. 52.1222  Original Identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Minnesota'' and all revisions submitted by Minnesota 
that were federally approved prior to December 1, 2004.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) A revised copy of the State emergency episode criteria was 
forwarded on February 7, 1972. (Non-regulatory)
    (2) Information concerning intergovernmental cooperation was 
submitted by the Minnesota Pollution Control Agency on March 27, 1972.
    (3) Certification that the State had adopted amendments to APC-1, 3, 
4, 11, and 15, adopted a new air pollution control regulation (APC-16) 
and projected manpower resources was submitted by the State on April 28, 
1972.
    (4) An opinion on the availability of emission data to the public 
and evaluation of regulation concerning new construction was submitted 
by the State Attorney General's office on June 15, 1972. (Non-
regulatory)
    (5) A revised version of the State's regulation APC-3 was submitted 
by the Governor on July 25, 1972.
    (6) On June 8, 1973, the Governor of Minnesota submitted a 
transportation control plan for the Minneapolis-St. Paul Intrastate Air 
Quality Control Region.
    (7) Information concerning the transportation control plan was 
submitted on June 18, 1973, by the Minnesota Pollution Control Agency.
    (8) Compliance schedules were submitted on June 28, 1973, by the 
Minnesota Pollution Control Agency.
    (9) Information concerning the transportation control plan was 
submitted on July 30, 1973, by the Metropolitan Transit Commission.
    (10) Information concerning the transportation control plan was 
submitted on August 1, 1973, by the Minnesota Department of Highways.
    (11) Compliance schedules were submitted on August 9, 1973, by the 
Minnesota Pollution Control Agency.
    (12) On November 15, 1974, the Governor of Minnesota submitted 
recommended Air Quality Maintenance Area identifications.
    (13) A request for an extension of the statutory timetable for the 
submittal of the portion of the Minnesota State Implementation Plan 
implementing the National Secondary Ambient Air Quality Standards for 
total suspended particulates was submitted by the Executive Director of 
the Minnesota Pollution Control Agency on January 8, 1979, and was 
supplemented with additional information on March 9, 1979.
    (14) A transportation control plan for the St. Cloud Metropolitan 
Area was submitted on May 17, 1979, by the Minnesota Pollution Control 
Agency.
    (15) Transportation control plans for the Metropolitan Areas of 
Duluth, Rochester and Minneapolis-St. Paul were submitted on July 3, 
1979, and July 23, 1979, by the Minnesota Pollution Control Agency.
    (16) On March 5, 1980, the State of Minnesota submitted a revision 
to provide for modification of the existing air quality surveillance 
network. An

[[Page 248]]

amendment to the revision was submitted by the State of Minnesota on 
June 2, 1980.
    (17) The sulfur dioxide control plan and revised operating permits 
for the Rochester and Twin Cities nonattainment areas were submitted by 
the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments 
to the control plans were submitted on September 4, 1980. EPA's approval 
of the control plan includes approval of the emission limitations 
contained in the revised operating permits.
    (18) Stipulation Agreement between the State Pollution Control 
Agency and Erie Mining Company submitted by the State on February 20, 
1981.
    (19) On July 29, 1981, the Minnesota Pollution Control Agency 
submitted an amendment to the transportation control plan for the 
Minneapolis-St. Paul Metropolitan Area.
    (20) On August 4, 1980, and October 17, 1980, the State submitted 
its total suspended particulate Part D control plans for the Twin Cities 
Seven County Metropolitan Area and the City of Duluth. As part of the 
control strategies the State on January 5, 1981 submitted rule APC-33 
and on January 23, 1981 further submitted amended and new rules. The 
amended and new rules that control total suspended particulate (TSP) 
emissions are: Amended APC-2, APC-4, APC-5, APC-7, APC-11; and new APC-
18, APC-21, APC-22, APC-23, APC-24, APC-25, APC-26, APC-28, APC-29, and 
APC-32. Regulations APC-4, APC-24, and APC-32 are only approved as they 
apply to TSP emissions.
    (21) On January 23, 1981, the State submitted new rules and 
amendments to some of their previously approved rules. On November 17, 
1981, the State submitted amendments to APC-33. On May 6, 1982 (47 FR 
19520), EPA approved some of the rules insofar as they applied to the 
total suspended particulate strategy for the Twin Cities Seven County 
Metropolitan Area and the City of Duluth. The remainder of the rules 
are:
    (i) Those portions of APC-4, APC-24, and APC-32 which control 
emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii) 
the amendments to APC-33; and (iii) APC-8, APC-12, APC-13, APC-15, APC-
16, APC-19 and APC-39.
    (22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional 
information was submitted on February 15, 1984, and February 21, 1984.
    (23) On May 20, 1985, and on April 17, 1986, the State submitted a 
carbon monoxide plan for the intersection of Snelling and University 
Avenues in the City of St. Paul. The plan committed to improved signal 
progression through the intersection by December 31, 1987, and a parking 
ban on University Avenue within 1 block in either direction of the 
intersection with Snelling Avenue by December 31, 1989.
    (i) Incorporation by reference.
    (A) Amendment to Air Quality Control Plan for Transportation for the 
Metropolitan Council of the Twin Cities Area dated January 28, 1985.
    (B) Letter from Minnesota Pollution Control Agency, dated April 17, 
1986, and letter from the City of St. Paul, dated April 1, 1986, 
committing to implementing of transportation control measures.
    (24) On January 7, 1985, the State of Minnesota submitted a 
consolidated permit rule (CPR) to satisfy the requirements of 40 CFR 
51.160 through 51.164 for a general new source review (NSR) program, 
including lead. On October 25, 1985, the State submitted a Memorandum of 
Agreement (MOA) which remedied certain deficiencies (40 CFR 52.1225(d)). 
On October 1, 1986, and January 14, 1987, the State committed to 
implement its NSR program using USEPA's July 8, 1985 (50 FR 27892), 
regulations for implementing the stack height requirements of Section 
123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving the 
above for general NSR purposes for all sources, except it is 
disapproving them for those few sources subject to an NSPS requirement 
(40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303 
B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will 
continue to apply. Additionally, USEPA is taking no action on the CPR in 
relationship to the requirements of Section 111, Part C, and Part D of 
the Clean Air Act.
    (i) Incorporation by reference.

[[Page 249]]

    (A) Within Title 6 Environment, Minnesota Code of Administrative 
Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section 
4.0002, Parts A, B, C, and E--Definitions, Abbreviations, Applicability 
of Standards, and Circumvention (formerly APC 2) Proposed and Published 
in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October 
17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8 
S.R. 2275.
    (B) Rules 6 MCAR section 4.4001 through section 4.4021--Permits 
(formerly APC 3)--Proposed and Published on December 19, 1983, at 8 S.R. 
1419 (text of rule starting at 8 S.R. 1420) and adopted as modified on 
April 16, 1984, at 8 S.R. 2278.
    (C) Rules 6 MCAR section 4.4301 through section 4.4305--Air Emission 
Facility Permits--Proposed and Published on December 19, 1983, at 8 S.R. 
1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on 
April 16, 1984, at 8 S.R. 2276.
    (D) Rules 6 MCAR section 4.4311 through section 4.4321--Indirect 
Source Permits (formerly APC 19)--Proposed and Published on December 19, 
1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted 
as modified on April 16, 1984, at 8 S.R. 2277.
    (25) On July 9, 1986, the State of Minnesota submitted Rules 
7005.2520 through 7005.2523, submitted to replace the rule APC-29 in the 
existing SIP (see paragraph (20)). This submittal also included State 
permits for three sources, but these permits were withdrawn from USEPA 
consideration on February 24, 1992. This submittal provides for 
regulation of particulate matter from grain handling facilities, and was 
submitted to satisfy a condition on the approval of Minnesota's Part D 
plan for particulate matter.
    (i) Incorporation by reference.
    (A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards 
of Performance for Dry Bulk Agricultural Commodity Facilities; Rule 
7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule, 
promulgated by Minnesota on January 16, 1984, and effective at the State 
level on January 23, 1984.
    (ii) Additional Material.
    (A) Appendix E to Minnesota's July 9, 1986, submittal, which is a 
statement signed on April 18, 1986, by Thomas J. Kalitowski, Executive 
Director, Minnesota Pollution Control Agency, interpreting Rules 
7005.2520 through 7005.2523 in the context of actual barge loading 
practices in Minnesota.
    (26) On March 13, 1989, the State of Minnesota requested that EPA 
revise the referencing of regulations in the SIP to conform to the 
State's recodification of its regulations. On November 26, 1991, and 
September 18, 1992, the State submitted an official version of the 
recodified regulations to be incorporated into the SIP. The recodified 
regulations are in Chapter 7001 and Chapter 7005 of Minnesota's 
regulations. Not approved as part of the SIP are recodified versions of 
regulations which EPA previously did not approve. Therefore, the SIP 
does not include Rules 7005.1550 through 7005.1610 (National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for asbestos), Rules 
7005.2300 through 7005.2330 (limits for iron and steel plants), Rules 
7005.2550 through 7005.2590 (NESHAP for beryllium), Rules 7005.2650 
through 7005.2690 (NESHAP for mercury), Rule 7005.0116 (Opacity Standard 
Adjustment) and Rule 7005.2910 (Performance Test Methods for coal 
handling facilities). Similarly, the SIP continues to exclude the 
exemption now in Rule 7001.1210 as applied to small sources subject to 
new source performance standards, and the SIP is approved only for 
``existing sources'' in the case of Rules 7005.1250 through 7005.1280 
(Standards of Performance for Liquid Petroleum Storage Vessels), Rules 
7005.1350 through 7005.1410 (Standards of Performance for Sulfuric Acid 
Plants), Rules 7005.1450 through 7005.1500 (Standards of Performance for 
Nitric Acid Plants), and Rules 7005.2100 through 7005.2160 (Standards of 
Performance for Petroleum Refineries). The SIP also does not include 
changes in the State's Rule 7005.0100 (relating to offsets) that were 
withdrawn by the State on February 24, 1992, and does not include the 
new rules 7005.0030 and 7005.0040.
    (i) Incorporation by reference.
    (A) Minnesota regulations in Chapter 7005 as submitted November 26, 
1991,

[[Page 250]]

and in Chapter 7001 as submitted September 18, 1992, except for those 
regulations that EPA has not approved as identified above.
    (27) On August 16, 1982, the MPCA submitted an amendment to the St. 
Cloud Area Air Quality Control Plan for Transportation as a State 
Implementation Plan revision. This revision to the SIP was adopted by 
the Board of the Minnesota Pollution Control Agency on July 27, 1982. On 
August 31, 1989, the Minnesota Pollution Control Agency submitted a 
revision to the Minnesota State Implementation Plan (SIP) for carbon 
monoxide deleting the Lake George Interchange roadway improvement 
project (10th Avenue at First Street South) from its St. Cloud 
transportation control measures. This revision to the SIP was approved 
by the Board on June 27, 1989.
    (i) Incorporation by reference.
    (A) Letter dated August 16, 1982, from Louis J. Breimburst, 
Executive Director, Minnesota Pollution Control Agency to Valdas V. 
Adamkus, Regional Administrator, United States Environmental Protection 
Agency--Region 5 and its enclosed amendment to the Air Quality Plan for 
Transportation for the St. Cloud Metropolitan Area entitled, ``Staff 
Resolution,'' measures 1, 4 and 5 adopted by the Minnesota Pollution 
Control Agency on July 27, 1982.
    (B) Letter dated August 31, 1989, from Gerald L. Willet, 
Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus, 
Regional Administrator, United States Environmental Protection Agency--
Region 5.
    (28) On November 9, 1992, the State of Minnesota submitted the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance plan. This submittal satisfies the requirements of section 
507 of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the 
Legislature, and signed into Law on April 29, 1992.
    (29) On November 26, 1991, August 31, 1992, November 13, 1992, 
February 3, 1993, April 30, 1993, and October 15, 1993, the State of 
Minnesota submitted revisions to its State Implementation Plans (SIPs) 
for particulate matter for the Saint Paul and Rochester areas.
    (i) Incorporation by reference.
    (A) An administrative order for Ashbach Construction Company, dated 
August 25, 1992, submitted August 31, 1992, for the facility at 
University Avenue and Omstead Street.
    (B) An administrative order for Commercial Asphalt, Inc., dated 
August 25, 1992, submitted August 31, 1992, for the facility at Red Rock 
Road.
    (C) An administrative order for Great Lakes Coal & Dock Company 
dated August 25, 1992, submitted August 31, 1992, for the facility at 
1031 Childs Road.
    (D) An administrative order for Harvest States Cooperatives dated 
January 26, 1993, submitted February 3, 1993, for the facility at 935 
Childs Road.
    (E) An administrative order for LaFarge Corporation dated November 
30, 1992, submitted in a letter dated November 13, 1992, for the 
facility at 2145 Childs Road.
    (F) An administrative order for the Metropolitan Waste Control 
Commission and the Metropolitan Council dated November 30, 1992, 
submitted in a letter dated November 13, 1992, for the facility at 2400 
Childs Road.
    (G) An administrative order for North Star Steel Company dated April 
22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock 
Road.
    (H) An administrative order for PM Ag Products, Inc., dated August 
25, 1992, submitted August 31, 1992, for the facility at 2225 Childs 
Road.
    (I) An administrative order for Rochester Public Utilities dated 
November 30, 1992, submitted in a letter dated November 13, 1992, for 
the facility at 425 Silver Lake Drive.
    (J) An amendment to the administrative order for Rochester Public 
Utilities, dated October 14, 1993, submitted October 15, 1993, for the 
facility at 425 Silver Lake Drive.
    (K) An administrative order for J.L. Shiely Company dated August 25, 
1992, submitted August 31, 1992, for the facility at 1177 Childs Road.
    (ii) Additional materials.
    (A) A letter from Charles Williams to Valdas Adamkus dated November 
26, 1991, with attachments.

[[Page 251]]

    (B) A letter from Charles Williams to Valdas Adamkus dated August 
31, 1992, with attachments.
    (C) A letter from Charles Williams to Valdas Adamkus dated November 
13, 1992, with attachments.
    (D) A letter from Charles Williams to Valdas Adamkus dated February 
3, 1993, with attachments.
    (E) A letter from Charles Williams to Valdas Adamkus dated April 30, 
1993, with attachments.
    (F) A letter from Charles Williams to Valdas Adamkus dated October 
15, 1993, with attachments.
    (30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State 
of Minnesota submitted revisions to its State Implementation Plans 
(SIPs) for sulfur dioxide for Air Quality Control Region (AQCR) 131 
(excluding the Dakota County Pine Bend area and an area around Ashland 
Refinery in St. Paul Park).
    (i) Incorporation by reference.
    (A) An administrative order, received on June 4, 1992, for FMC 
Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota. 
The administrative order became effective on May 27, 1992. Amendment 
One, which was received on March 30, 1993, became effective on March 5, 
1993. Amendment Two, which was received on July 15, 1993, became 
effective on June 30, 1993.
    (B) An administrative order, received on June 4, 1992, for Federal 
Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The 
administrative order became effective on May 27, 1992. Amendment one, 
received on July 15, 1993, became effective on June 30, 1993.
    (C) An administrative order, received on June 4, 1992, for GAF 
Building Materials Corporation (Asphalt Roofing Products Manufacturing 
Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County, 
Minnesota. The administrative order became effective on May 27, 1992. 
Amendment One, received on July 15, 1993, became effective on June 30, 
1993.
    (D) An administrative order, received on June 4, 1992, for Northern 
States Power Company-Riverside Generating Plant, located in Minneapolis, 
Hennepin County, Minnesota. The administrative order became effective on 
May 27, 1992. Amendment One, received on July 15, 1993, became effective 
on June 30, 1993.
    (E) An administrative order for Minneapolis Energy Center, received 
on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo 
Line Boiler Plant all located in Minneapolis, Hennepin County, 
Minnesota. The administrative order became effective on June 30, 1993.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated May 29, 
1992, with enclosures providing technical support (e.g., computer 
modeling) for the revisions to the administrative orders for five 
facilities.
    (B) A letter from Charles Williams to Valdas Adamkus dated March 26, 
1993, with enclosures providing technical support for an amendment to 
the administrative order for FMC Corporation and U.S. Navy.
    (C) A letter from Charles Williams to Valdas Adamkus dated July 12, 
1993, with enclosures providing technical support for amendments to 
administrative orders for four facilities and a reissuance of the 
administrative order to Minneapolis Energy Center, Inc.
    (31) In a letter dated October 30, 1992, the MPCA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Duluth, 
Minnesota. This revision contains a maintenance plan that the area will 
use to maintain the CO NAAQS. The maintenance plan contains park and 
ride lots and an oxygenated fuels program as the contingency measure.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosures entitled Appendix E.
    (ii) Additional information.
    (A) Letter dated November 10, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated December 22, 1993, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to

[[Page 252]]

Valdas Adamkus, Regional Administrator, U.S. Environmental Protection 
Agency, Region 5.
    (32) In a letter dated October 30, 1992, the MPCA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Duluth, 
Minnesota. This revision removes a transportation control measure (TCM) 
from the State Implementation Plan. The TCM is an increased turning 
radius at 14th Avenue and 3rd Street East.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosure entitled Appendix D.
    (ii) Additional information.
    (A) Letter dated November 10, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (33) On August 5, 1992, and August 26, 1993, the State of Minnesota 
submitted its ``Offset Rules'' as revisions to its State Implementation 
Plan (SIP) for new source review in nonattainment areas.
    (i) Incorporation by reference.
    (A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments 
effective August 24, 1992.
    (B) Amendments to Rule 7005.3040, effective June 28, 1993.
    (ii) Additional materials.
    (A) A letter from Charles Williams to Valdas Adamkus dated August 5, 
1992, with attachments.
    (B) A letter from Charles Williams to Valdas Adamkus dated August 
26, 1993, with attachments.
    (34) On November 9, 1992, the State of Minnesota submitted the 
Oxygenated Gasoline Program. This submittal satisfies the requirements 
of section 211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Minnesota Laws Chapter 2509, sections 1 through 31, except for 
sections 29 (b) and (c), enacted by the Legislature and signed into Law 
on April 29, 1992.
    (ii) Additional material.
    (A) Letter dated August 12, 1994, from the Minnesota Pollution 
Control Agency (MPCA), to the United States Environmental Protection 
Agency that withdraws the MPCA Board resolution dated October 27, 1992, 
and any reference to it, from the oxygenated gasoline State 
Implementation Plan revision request of 1992.
    (35) On July 29, 1992, February 11, 1993, and February 25, 1994, the 
State of Minnesota submitted revisions to its State Implementation Plans 
(SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air 
Quality Control Region (AQCR) 131.
    (i) Incorporation by reference.
    (A) For Continental Nitrogen and Resources Corporation, located in 
Rosemount, Dakota County, Minnesota:
    (1) An administrative order, dated and effective July 28, 1992, 
submitted July 29, 1992.
    (2) Amendment One to the administrative order, dated and effective 
February 25, 1994, submitted February 25, 1994.
    (B) For Northern States Power Company, Inver Hills Generating 
Facility, located in Dakota County, Minnesota:
    (1) An administrative order, dated and effective July 28, 1992, 
submitted July 29, 1992.
    (2) Amendment one to the administrative order, dated and effective 
February 25, 1994, submitted February 25, 1994.
    (C) For Koch Refining Company and Koch Sulfuric Acid Unit, located 
in the Pine Bend area of Rosemount, Dakota County, Minnesota:
    (1) An administrative order, identified as Amendment One to Findings 
and Order by Stipulation, dated and effective March 24, 1992, submitted 
July 29, 1992.
    (2) Amendment two to the administrative order, dated and effective 
January 22, 1993, submitted February 11, 1993.
    (3) Amendment three to the administrative order, dated and effective 
February 25, 1994, submitted February 25, 1994.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated July 29, 
1992, with enclosures providing technical

[[Page 253]]

support (e.g., computer modeling) for the revisions to the 
administrative orders for three facilities.
    (B) A letter from Charles Williams to Valdas Adamkus dated February 
11, 1993, submitting Amendment Two to the administrative order for Koch 
Refining Company.
    (C) A letter from Charles Williams to Valdas Adamkus dated February 
25, 1994, with enclosures providing technical support for amendments to 
administrative orders for three facilities.
    (36) On June 22, 1993, and September 13, 1994, the State of 
Minnesota submitted revisions to its State Implementation Plan for lead 
for a portion of Dakota County.
    (i) Incorporation by reference.
    (A) For Gopher Smelting and Refining Company, located in the city of 
Eagan, Dakota County, Minnesota:
    (1) An administrative order, dated, submitted, and effective June 
22, 1993.
    (2) Amendment One to the administrative order, dated, submitted, and 
effective, September 13, 1994.
    (ii) Additional material.
    (A) A letter from Charles W. Williams to Valdas V. Adamkus, dated 
June 22, 1993, with enclosures providing technical support (e.g., 
computer modeling) for the revisions to the State Implementation Plan 
for lead.
    (B) A letter from Charles W. Williams to Valdas V. Adamkus, dated 
September 13, 1994, with enclosures providing technical support for the 
revised administrative order for Gopher Smelting and Refining Company.
    (37) On March 9, 1994, the State of Minnesota submitted a revision 
to its particulate matter plan for the Saint Paul area, providing 
substitute limits for an aggregate heater at the J.L. Shiely facility.
    (i) Incorporation by reference.
    (A) An amendment dated January 12, 1994, amending the administrative 
order of August 25, 1992, for the J.L. Shiely facility at 1177 Childs 
Road, Saint Paul.

    Editorial Note: At 60 FR 21451, May 2, 1995 the following paragraph 
(c)(37) was added to Sec. 52.1220.

    (37) On November 23, 1993, the State of Minnesota submitted updated 
air permitting rules.
    (i) Incorporation by reference.
    (A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.
    (B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550, 
7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10, 
1993.
    (38)-(39) [Reserved]
    (40) On November 23, 1993, the State of Minnesota requested 
recodification of the regulations in its State Implementation Plan, 
requested removal of various regulations, and submitted recodified 
regulations containing minor revisions.
    (i) Incorporation by reference.
    (A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017, 
7019, and 7023, effective October 18, 1993.
    (B) Submitted portions of Minnesota Statutes Sections 17.135, 88.01, 
88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.
    (41) On December 22, 1994, Minnesota submitted miscellaneous 
amendments to 11 previously approved administrative orders. In addition, 
the previously approved administrative order for PM Ag Products (dated 
August 25, 1992) is revoked.
    (i) Incorporation by reference.
    (A) Amendments, all effective December 21, 1994, to administrative 
orders approved in paragraph (c)(29) of this section for: Ashbach 
Construction Company; Commercial Asphalt, Inc.; Great Lakes Coal & Dock 
Company; Harvest States Cooperatives; LaFarge Corporation; Metropolitan 
Council; North Star Steel Company; Rochester Public Utilities; and J.L. 
Shiely Company.
    (B) Amendments, effective December 21, 1994, to the administrative 
order approved in paragraph (c)(30) of this section for United Defense, 
LP (formerly FMC/U.S. Navy).
    (C) Amendments, effective December 21, 1994, to the administrative 
order approved in paragraph (c)(35) of this section for Northern States 
Power-Inver Hills Station.
    (42) On September 7, 1994, the State of Minnesota submitted a 
revision to its State Implementation Plan (SIP) for particulate matter 
for the Rochester area of Olmsted County, Minnesota.
    (i) Incorporation by reference.

[[Page 254]]

    (A) Amendment Two to the administrative order for the Silver Lake 
Plant of Rochester Public Utilities, located in Rochester, Minnesota, 
dated and effective August 31, 1994, submitted September 7, 1994.
    (43) On November 12, 1993, the State of Minnesota submitted a 
contingency plan to control the emissions of carbon monoxide from mobile 
sources by use of oxygenated gasoline on a year-round basis. The 
submittal of this program satisfies the provisions under section 
172(c)(9) and 172(b) of the Clean Air Act as amended.
    (i) Incorporation by reference.
    (A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted 
by the legislature and signed into law on April 29, 1992.
    (44) This revision provides for data which have been collected under 
the enhanced monitoring and operating permit programs to be used for 
compliance certifications and enforcement actions.
    (i) Incorporation by reference.
    (A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100 
Subparts 1 and 2, both effective February 28, 1995.
    (45) On December 15, 1995, the Minnesota Pollution Control Agency 
submitted a revision to the State Implementation Plan for the general 
conformity rules. The general conformity SIP revisions enable the State 
of Minnesota to implement and enforce the Federal general conformity 
requirements in the nonattainment or maintenance areas at the State or 
local level in accordance with 40 CFR part 93, subpart B--Determining 
Conformity of General Federal Actions to State or Federal Implementation 
Plans.
    (i) Incorporation by reference.
    (A) Minnesota rules Part 7009.9000, as created and published in the 
(Minnesota) Register, November 13, 1995, number 477, effective November 
20, 1995.
    (46) On April 24, 1997, the State of Minnesota submitted 
Administrative Order amendments for sulfur dioxide for two Northern 
States Power facilities: Inver Hills and Riverside.
    (i) Incorporation by reference.
    (A) Amendment Two, dated and effective November 26, 1996, to 
administrative order approved in paragraph (c)(30) of this section for 
Northern States Power-Riverside Station.
    (B) Amendment Three, dated and effective November 26, 1996, to 
administrative order and amendments approved in paragraphs (c)(35) and 
(c)(41), respectively, of this section for Northern States Power-Inver 
Hills Station.
    (47) On October 17, 1997, the State of Minnesota submitted 
amendments to three previously approved Administrative Orders for North 
Star Steel Company, LaFarge Corporation, and GAF Building Materials, all 
located in the Minneapolis-St. Paul area.
    (i) Incorporation by reference.
    (A) Amendments, both dated and effective September 23, 1997, to 
administrative orders and amendments approved in paragraphs (c)(29) and 
(c)(41) of this section, respectively, of this section for: LaFarge 
Corporation (Childs Road facility) and North Star Steel Company.
    (B) Amendment Two, dated and effective September 18, 1997, to 
administrative order and amendment approved in paragraph (c)(30) of this 
section for GAF Building Materials.
    (48) On January 12, 1995, Minnesota submitted revisions to its air 
permitting rules. The submitted revisions provide generally applicable 
limitations on potential to emit for certain categories of sources.
    (i) Incorporation by reference. Submitted portions of Minnesota 
regulations in Chapter 7007, and 7011.0060 through 7011.0080 effective 
December 27, 1994.
    (49) [Reserved]
    (50) On July 22, 1998 the State of Minnesota submitted a 
supplemental SIP revision for the control of particulate matter 
emissions from certain sources located along Red Rock Road, within the 
boundaries of Ramsey County. This supplemental SIP revision is in 
response to EPA's July 22, 1997 conditional approval (62 FR 39120), of a 
February 9, 1996 SIP revision for Red Rock Road. In addition, the 
previously approved administrative order for Lafarge Corporation (dated 
February 2, 1996) is revoked.
    (i) Incorporation by reference.
    (A) Air Emission Permit No. 12300353-001, issued by the MPCA to 
Lafarge

[[Page 255]]

Corporation--Red Rock Terminal on April 14, 1998, Title I conditions 
only.
    (B) Revocation of Findings and Order, dated and effective July 21, 
1998, to Findings and Order issued to Lafarge Corporation on February 2, 
1996.
    (ii) Additional material.
    (A) Letter submitting vendor certifications of performance for the 
pollution control equipment at Lafarge Corporation's facility on Red 
Rock Road in St. Paul, Minnesota, dated May 4, 1998, from Arthur C. 
Granfield, Regional Environmental Manager for Lafarge Corporation, to 
Michael J. Sandusky, MPCA Air Quality Division Manager.
    (B) Letter submitting operating ranges for the pollution control 
equipment at Lafarge Corporation's facility on Red Rock Road in St. 
Paul, Minnesota, dated July 13, 1998, from Arthur C. Granfield, Regional 
Environmental Manager for Lafarge Corporation, to Michael J. Sandusky, 
MPCA Air Quality Division Manager.
    (51) On November 14, 1995, July 8, 1996, September 24, 1996, June 
30, 1999, and September 1, 1999, the State of Minnesota submitted 
revisions to its State Implementation Plan for carbon monoxide regarding 
the implementation of the motor vehicle inspection and maintenance 
program in the Minneapolis/St. Paul carbon monoxide nonattainment area. 
This plan approves Minnesota Statutes Sections 116.60 to 116.65 and 
Minnesota Rules 7023.1010-7023.1105. This plan also removes Minnesota 
Rules Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and 
Part 7023.1055, Subp. 1 (E)(2) from the SIP.
    (i) Incorporation by reference.
    (A) Minnesota Statutes Sections 116.60 to 116.65;
    (B) Minnesota Rules 7023.1010-7023.1105 (except Part 7023.1010, 
Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 
(E)(2)).
    (52) [Reserved]
    (53) On September 29, 1998, the State of Minnesota submitted a site-
specific revision to the particulate matter (PM) SIP for LTV Steel 
Mining Company (LTV), formerly known as Erie Mining Company, located in 
St. Louis County, Minnesota. This SIP revision was submitted in response 
to a request from LTV that EPA remove the Stipulation Agreement for Erie 
Mining Company from the State SIP, as was approved by EPA in paragraph 
(c)(18) of this section. Accordingly the Stipulation Agreement for Erie 
Mining Company referenced in paragraph (c)(18) of this section is 
removed from the SIP without replacement.
    (54) On December 7, 1999, the State of Minnesota submitted to remove 
an Administrative Order and replace it with a federally enforceable 
State operating permit for Commercial Asphalt's facility located on Red 
Rock Road in the city of St. Paul. EPA approved a federally enforceable 
State operating permit (FESOP)(60 FR 21447) for the State of Minnesota 
on May 2, 1995.
    (i) Incorporation by reference
    (A) Air Emission Permit No. 12300347-002, issued by the MPCA to 
Commercial Asphalt CO-Plant 905, on September 10, 1999. Title I 
conditions only.
    (55) On February 6, 2000, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP 
for Marathon Ashland Petroleum, LLC (Marathon Ashland), located in the 
cities of St. Paul Park and Newport, Washington County, Minnesota. 
Specifically, EPA is only approving into the SIP only those portions of 
the Marathon Ashland Title V Operating permit cited as ``Title I 
condition: SIP for SO2 NAAQS 40 CFR pt.50 and Minnesota State 
Implementation Plan (SIP).'' In this same action, EPA is removing from 
the state SO2 SIP the Marathon Ashland Administrative Order 
previously approved in paragraph (c)(38) and revised in paragraph 
(c)(49) of this section.
    (i) Incorporation by reference
    (A) AIR EMISSION PERMIT NO. 16300003-003, issued by the Minnesota 
Pollution Control Agency to Marathon Ashland Petroleum, LLC on October 
26, 1999, Title I conditions only.
    (56) On November 4, 1998, the State of Minnesota submitted a SIP 
revision for Olmsted County, Minnesota, for the control of emissions of 
sulfur dioxide (SO2) in the city of Rochester. The state also 
submitted on that date a request to redesignate the Rochester 
nonattainment area to attainment of the SO2 National Ambient 
Air Quality Standards. The state's maintenance

[[Page 256]]

plan is complete and the submittals meet the SO2 
nonattainment area SIP and redesignation requirements of the Clean Air 
Act.
    (i) Incorporation by reference
    (A) Air Emission Permit No. 10900011-001, issued by the Minnesota 
Pollution Control Agency (MPCA) to City of Rochester--Rochester Public 
Utilities--Silver Lake Plant on July 22, 1997, Title I conditions only.
    (B) Air Emission Permit No. 00000610-001, issued by the MPCA to City 
of Rochester--Rochester Public Utilities--Cascade Creek Combustion on 
January 10, 1997, Title I conditions only.
    (C) Air Emission Permit No. 10900010-001, issued by the MPCA to 
Associated Milk Producers, Inc. on May 5, 1997, Title I conditions only.
    (D) Air Emission Permit No. 10900008-007 (989-91-OT-2, AMENDMENT No. 
4), issued by the MPCA to St. Mary's Hospital on February 28, 1997, 
Title I conditions only.
    (E) Air Emission Permit No. 10900005-001, issued by the MPCA to 
Olmsted County--Olmsted Waste-to-Energy Facility on June 5, 1997, Title 
I conditions only.
    (F) Amendment No. 2 to Air Emission Permit No. 1148-83-OT-1 
[10900019], issued by the MPCA to Franklin Heating Station on June 19, 
1998, Title I conditions only.
    (G) Air Emission Permit No. 10900006-001, issued by the MPCA to 
International Business Machine Corporation--IBM--Rochester on June 3, 
1998, Title I conditions only.
    (57) [Reserved]
    (58) On December 16, 1998, the State submitted an update to the 
Minnesota performance test rule, which sets out the procedures for 
facilities that are required to conduct performance tests to demonstrate 
compliance with their emission limits and/or operating requirements. In 
addition, EPA is removing from the state SIP Minnesota Rule 7017.2000 
previously approved as APC 21 in paragraph (c)(20) and amended in 
paragraph (c)(40) of this section.
    (i) Incorporation by reference.
    (A) Amendments to Minnesota Rules 7011.0010, 7011.0105, 7011.0510, 
7011.0515, 7011.0610, 7011.0710, 7011.0805, 7011.1305, 7011.1405, 
7011.1410, 7017.2001, 7017.2005, 7017.2015, 7017.2018, 7017.2020, 
7017.2025, 7017.2030, 7017.2035, 7017.2045, 7017.2050 and 2060, 
published in the Minnesota State Register April 20, 1998, and adopted by 
the state on July 13, 1998.
    (59) On September 1, 1999, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP 
for the Northern States Power Company (NSP) Riverside Plant, located in 
Minneapolis, Hennepin County, Minnesota. Specifically, EPA is approving 
into the SO2 SIP only those portions of the NSP Riverside 
Plant Title V Operating Permit cited as ``Title I condition: State 
Implementation Plan for SO2.'' In this same action, EPA is 
removing from the state SO2 SIP the NSP Riverside Plant 
Administrative Order previously approved and amended in paragraphs 
(c)(30) and (c)(46) of this section respectively.
    (i) Incorporation by reference.
    (A) Air Emission Permit No. 05300015-001, issued by the Minnesota 
Pollution Control Agency (MPCA) to Northern States Power Company--
Riverside Plant on May 11, 1999, Title I conditions only.
    (60) [Reserved]
    (61) On June 1, 2001, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) State 
Implementation Plan (SIP) for Metropolitan Council Environmental 
Service's (MCES) Metropolitan Wastewater Treatment Plant located on 
Childs Road in St. Paul, Ramsey County, Minnesota. Specifically, EPA is 
only approving into the SIP those portions of the MCES federally 
enforceable state operating permit cited as ``Title I Condition: State 
Implementation Plan for PM10.'' In this same action, EPA is removing 
from the state PM SIP the MCES Administrative Order previously approved 
in paragraph (c)(29) of this section.
    (i) Incorporation by reference.
    (A) Air Emission Permit No. 12300053-001, issued by the Minnesota 
Pollution Control Agency to MCES's Metropolitan Wastewater Treatment 
Plant at 2400 Childs Road on March 13, 2001, Title I conditions only.
    (62) On March 13, 2003, the State of Minnesota submitted a site-
specific

[[Page 257]]

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

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

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



Sec. 52.1223  Approval status.

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

[45 FR 40581, June 16, 1980]



Sec. 52.1224  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the plan does not provide for public availability of emission 
data.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as

[[Page 258]]

specified in the applicable plan, concerning emissions from any source 
subject to emission limitations which are part of the approved plan may 
request that the appropriate Regional Administrator obtain and make 
public such data. Within 30 days after receipt of any such written 
request, the Regional Administrator shall require the owner or operator 
of any such source to submit information within 30 days on the nature 
and amounts of emissions from such source and any other information as 
may be deemed necessary by the Regional Administrator to determine 
whether such source is in compliance with applicable emission 
limitations or other control measures that are part of the applicable 
plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to July 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.
    (5) Authority of the Regional Administrator to make available 
information and data was delegated to the Minnesota Pollution Control 
Agency effective October 6, 1977.

[37 FR 10874, May 31, 1972, as amended at 40 FR 55330, Nov. 28, 1975; 43 
FR 10, Jan. 3, 1978; 51 FR 40676, Nov. 7, 1986]



Sec. 52.1225  Review of new sources and modifications.

    (a) Part D--Approval. The State of Minnesota has satisfied the 
requirements of sections 173 and 189(a)(1)(A) for permitting of major 
new sources and modifications in nonattainment areas.
    (b)-(d) [Reserved]
    (e) The State of Minnesota has committed to conform to the Stack 
Height Regulations, as set forth in 40 CFR part 51. In a January 14, 
1987, letter to David Kee, USEPA, Thomas J. Kalitowski, Executive 
Director, Minnesota Pollution Control Agency, stated:

    Minnesota does not currently have a stack height rule, nor do we 
intend to adopt such a rule. Instead, we will conform with the Stack 
Height Regulations as set forth in the July 8, 1985, Federal Register in 
issuing permits for new or modified sources. In cases where that rule is 
not clear, we will contact USEPA Region V and conform to the current 
federal interpretation of the item in question.

[53 FR 17037, May 13, 1988, as amended at 59 FR 21941, Apr. 28, 1994; 60 
FR 21451, May 2, 1995]



Sec. Sec. 52.1226-52.1229  [Reserved]



Sec. 52.1230  Control strategy and rules: Particulates.

    (a) Part D--(1) Approval. The State of Minnesota has satisfied the 
requirements of sections 189(a)(1)(B) and 189(a)(1)(C) and paragraphs 1, 
2, 3, 4, 6, 7, 8, and 9 of section 172(c) for the Saint Paul and 
Rochester areas. The Administrator has determined pursuant to section 
189(e) that secondary particulate matter formed from particulate matter 
precursors does not contribute significantly to exceedances of the 
NAAQS.
    (2) No action. USEPA takes no action on the alternative test method 
provision of Rule 7005.2910.
    (b) Approval--On May 31, 1988, the State of Minnesota submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for

[[Page 259]]

Minnesota's Group II areas. The Group II areas of concern are in 
Minneapolis, Hennepin County; Duluth and Iron Range, St. Louis County; 
Iron Range, Itasca County; Two Harbors, Lake County; and St. Cloud, 
Stearns County. The committal SIP contains all the requirements 
identified in the July 1, 1987, promulgation of the SIP requirements for 
PM10 at 52 FR 24681.
    (c) Approval--On June 20, 2002, the State of Minnesota submitted a 
request to redesignate the Saint Paul, Ramsey County particulate matter 
nonattainment area to attainment of the NAAQS for particulate matter 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM). In its submittal, the State also requested that EPA 
approve the maintenance plan for the area into the Minnesota PM SIP. The 
redesignation request and maintenance plan meet the redesignation 
requirements of the Clean Air Act.

[47 FR 19522, May 6, 1982, as amended at 47 FR 32118, July 26, 1982; 55 
FR 21022, May 22, 1990; 57 FR 46308, Oct. 8, 1992; 59 FR 7222, Feb. 15, 
1994; 67 FR 48790, July 26, 2002]



Sec. Sec. 52.1231-52.1232  [Reserved]



Sec. 52.1233  Operating permits.

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

[60 FR 21451, May 2, 1995, as amended at 75 FR 82266, Dec. 30, 2010]



Sec. 52.1234  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
State of Minnesota.
    (c) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located in the State of Minnesota 
shall be submitted to the state agency, Minnesota Pollution Control 
Agency, Division of Air Quality, 520 Lafayette Road North, St. Paul, 
Minnesota 55155, 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; 68 FR 74489, Dec. 24, 2003; 75 FR 55276, Sept. 
10, 2010]



Sec. 52.1235  Regional haze.

    (a) [Reserved]
    (b)(1) NOX emission limits. (i) United States Steel Corporation, 
Keetac: An emission limit of 1.5 lbs NOX/MMBtu, based on a 
30-day rolling average, shall apply to the Grate Kiln pelletizing 
furnace (EU030), beginning 3 years from March 8, 2013. However, for any 
30, or more, consecutive days when only natural gas is used a limit of 
1.2 lbs NOX/MMBtu, based on a 30-day rolling average, shall 
apply.
    (ii) Hibbing Taconite Company: An emission limit of 1.5 lbs 
NOX/MMBtu, based on a 30-day rolling average, shall apply to 
the Line 1 pelletizing furnace (EU020) beginning 26 months from March 8, 
2013. An emission limit of 1.5 lbs NOX/MMBtu, based on a 30-
day rolling average, shall apply to the Line 2 pelletizing furnace 
(EU021) beginning 38 months from March 8, 2013. An emission limit of 1.5 
lbs NOX/MMBtu, based on a 30-day rolling average, shall apply 
to the Line 3 pelletizing furnace

[[Page 260]]

(EU022) beginning 50 months from March 8, 2013. However, for any 30, or 
more, consecutive days when only natural gas is used at any Hibbing 
Taconite pelletizing furnace, a limit of 1.2 lbs NOX/MMBtu, 
based on a 30-day rolling average, shall apply to that furnace.
    (iii) United States Steel Corporation, Minntac: An emission limit of 
1.5 lbs NOX/MMBtu, based on a 30-day rolling average, shall 
apply to each of the five indurating furnaces (EU225, EU261, EU282, 
EU315, and EU334). The owner or operator shall comply with this 
NOX emission limit beginning 12 months from March 8, 2013 for 
the Line 6 indurating furnace (EU315); 24 months from March 8, 2013 for 
the Line 7 indurating furnace (EU334); 36 months from March 8, 2013 for 
the Line 4 or Line 5 indurating furnace (EU261) or (EU282); 48 months 
from March 8, 2013 for the Line 5 or Line 4 indurating furnace (EU282) 
or (EU261); and 59 months from March 8, 2013 for the Line 3 indurating 
furnace (EU225). However, for any 30 or more consecutive days when only 
natural gas is used at any of Minntac's indurating furnaces, a limit of 
1.2 lbs NOX/MMBtu, based on a 30-day rolling average, shall 
apply to that furnace.
    (iv) United Taconite: An emission limit of 1.5 lbs NOX/
MMBtu, based on a 30-day rolling average, shall apply to the Line 1 
pellet furnace (EU040) beginning 38 months from March 8, 2013. An 
emission limit of 1.5 lbs NOX/MMBtu, based on a 30-day 
rolling average, shall apply to the Line 2 pellet furnace (EU042) 
beginning 26 months from March 8, 2013. However, for any 30, or more, 
consecutive days when only natural gas is used at either of United 
Taconites' Line 1 or Line 2 pellet furnaces, a limit of 1.2 lbs 
NOX/MMBtu, based on a 30-day rolling average, shall apply to 
that furnace.
    (v) ArcelorMittal Minorca Mine: An emission limit of 1.5 lbs 
NOX/MMBtu, based on a 30-day rolling average, shall apply to 
the indurating furnace (EU026) beginning 26 months from March 8, 2013. 
However, for any 30, or more, consecutive days when only natural gas is 
used, a limit of 1.2 lbs NOX/MMBtu, based on a 30-day rolling 
average, shall apply.
    (vi) Northshore Mining Company- Silver Bay: An emission limit of 1.5 
lbs NOX/MMBtu, based on a 30-day rolling average, shall apply 
to Furnace 11 (EU100/EU104) beginning 26 months from March 8, 2013. An 
emission limit of 1.5 lbs NOX/MMBtu, based on a 30-day 
rolling average, shall apply to Furnace 12 (EU110/114) beginning 38 
months from March 8, 2013. However, for any 30, or more, consecutive 
days when only natural gas is used at either Northshore Mining Furnace 
11 or Furnace 12, a limit of 1.2 lbs NOX/MMBtu, based on a 
30-day rolling average, shall apply. An emission limit of 0.085 lbs/
MMBtu, based on a 30-day rolling average, shall apply to Process Boiler 
1 (EU003) and Process Boiler 2 (EU004) beginning 5 
years from March 8, 2013. The 0.085 lbs/MMBtu emission limit for each 
process boiler applies at all times a unit is operating, including 
periods of start-up, shut-down and malfunction.
    (2) SO2 emission limits. (i) United States Steel 
Corporation, Keetac: An emission limit of 225 lbs SO2/hr, 
based on a 30-day rolling average, shall apply to the Grate Kiln 
pelletizing furnace (EU030). Any coal burned at Keetac shall have a 
sulfur content of 0.60 percent sulfur by weight or less based on a 
monthly block average. The sampling and calculation methodology for 
determining the sulfur content of fuel must be described in the 
monitoring plan required at paragraph (e)(8)(x) of this section. 
Compliance with these requirements for EU030 is required beginning 3 
months from March 8, 2013.
    (ii) Hibbing Taconite Company: An aggregate emission limit of 247.8 
lbs SO2/hr shall apply to the three affected lines, EU020, 
EU021, and EU022. The SO2 emission limits for these three 
pelletizing furnaces are based on a 30-day rolling average. Emissions 
resulting from the combustion of fuel oil are not included in the 
calculation of the 30-day rolling average. However, if any fuel oil is 
burned after the first day that SO2 CEMS are required to be 
operational, then the information specified in (b)(2)(vii) must be 
submitted, for each calendar year, to the Regional Administrator no 
later than 30 days after the end of each calendar year so that a limit 
can be set. Compliance with the emission limits is required beginning 6

[[Page 261]]

months from March 8, 2013. Within 20 months of March 8, 2013, the owner 
or operator may calculate a revised SO2 limit based on one 
year of hourly CEMS emissions data reported in lbs SO2/hr and 
submit such limit, calculations and CEMS data to EPA. This limit shall 
be set in terms of lbs SO2/hr, based on the following 
equations, with compliance to be determined on a 30-day rolling average.

m=(n+1)*[alpha]

m = the rank of the ordered data point, when data is sorted smallest to 
          largest
n=[alpha] number of data points
[alpha] = 0.95, to reflect the 95\th\ percentile

    If m is a whole number, then the limit, UPL, shall be computed as:

UPL = Xm,

Where:

X=m value of the m\th\ data point in terms of lbs 
          SO2/hr, when the data is sorted smallest to 
          largest.

    If m is not a whole number, the limit shall be computed by linear 
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.004

Where:

m=[Igr] the integer portion of m, i.e., m truncated at zero 
          decimal places, and
m=d the decimal portion of m

    (iii) United States Steel Corporation, Minntac: An aggregate 
emission limit for indurating furnace Lines 3-7 (EU225, EU261, EU282, 
EU315, and EU334) of 498 lbs SO2/hr shall apply when all 
lines are producing flux pellets. An aggregate emission limit of 630 lbs 
SO2/hr shall apply to Lines 3-7 when Line 3-5 are producing 
acid pellets and Lines 6 and 7 are producing flux pellets. An aggregate 
emission limit of 800 lbs SO2/hr shall apply to Lines 3-7 
when all lines are producing acid pellets. The SO2 emission 
limits are based on a 30-day rolling average and apply beginning 3 
months from March 8, 2013. The emission limit for a given 30-day rolling 
average period is calculated using a weighted average as follows:
[GRAPHIC] [TIFF OMITTED] TR06FE13.005

Where:

L30 = the limit for a given 30 day averaging period
nf = the number of days in the 30 day period that the facility is 
producing flux pellets on lines 3-7
naf = the number of days in the 30 day period that the facility is 
producing acid pellets on lines 3-5 and flux pellets on lines 6 and 7
na = the number of days in the 30 day period that the facility is 
producing acid pellets on lines 3-7

    Also, beginning 3 months from March 8, 2013, any coal burned at 
Minntac's Lines 3-7 shall have a sulfur content of 0.60 percent sulfur 
by weight or less based on a monthly block average. The sampling and 
calculation methodology for determining the sulfur content of fuel must 
be described in the monitoring plan required at paragraph (e)(8)(x) of 
this section.
    (iv) United Taconite: An aggregate emission limit of 529.0 lbs 
SO2/hr, based on a 30-day rolling average, shall apply to the 
Line 1 pellet furnace (EU040) and Line 2 pellet furnace (EU042) 
beginning 54 months from March 8, 2013. Also, beginning 54 months from 
March 8, 2013, any coal burned in the Line 1 or Line 2 pellet furnace 
shall have a sulfur content of 0.60 percent sulfur by weight or less 
based on a monthly block average. The sampling and calculation 
methodology for determining the sulfur content of fuel must be described 
in the monitoring plan required at paragraph (e)(8)(x) of this section.

[[Page 262]]

    (v) ArcelorMittal Minorca Mine: An emission limit of 38.16 lbs 
SO2/hr, based on a 30-day rolling average, shall apply to the 
indurating furnace (EU026) beginning 6 months from March 8, 2013. This 
limit shall not apply when the unit is combusting fuel oil. However, if 
any fuel oil is burned after the first day that SO2 CEMS are 
required to be operational, then the information specified in paragraph 
(b)(2)(vii) of this section must be submitted, for each calendar year, 
to the Regional Administrator no later than 30 days after the end of 
each calendar year so that a limit can be set. Within 20 months of March 
8, 2013, the owner or operator may calculate a revised SO2 
limit based on one year of hourly CEMS emissions data reported in lbs 
SO2/hr and submit such limit, calculations, and CEMS data to 
EPA. This limit shall be set in terms of lbs SO2/hr, based on 
the following equations, with compliance to be determined on a 30-day 
rolling average.

m = (n + 1) * [alpha]

m = the rank of the ordered data point, when data is sorted smallest to 
          largest
n = number of data points
[alpha] = 0.95, to reflect the 95\th\ percentile

    If m is a whole number, then the limit, UPL, shall be computed as:

UPL = Xm,

Where:

xm = value of the mth data point in terms of lbs 
          SO2/hr, when the data is sorted smallest to largest

    If m is not a whole number, the limit shall be computed by linear 
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.006

Where:

mi = the integer portion of m, i.e., m truncated at zero decimal places, 
          and
m[alpha] = the decimal portion of m

    (vi) Northshore Mining Company--Silver Bay: An aggregate emission 
limit of 39.0 lbs SO2/hr, based on a 30-day rolling average, 
shall apply to Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114). 
Compliance with this limit is required within 6 months. Emissions 
resulting from the combustion of fuel oil are not included in the 
calculation of the 30-day rolling average. However, if any fuel oil is 
burned after the first day that SO2 CEMS are required to be 
operational, then the information specified in paragraph (b)(2)(vii) of 
this section must be submitted, for each calendar year, to the Regional 
Administrator no later than 30 days after the end of each calendar year 
so that a limit can be set. Within 20 months of March 8, 2013, the owner 
or operator must calculate a revised SO2 limit based on one 
year of hourly CEMS emissions data reported in lbs SO2/hr and 
submit such limit, calculations and CEMS data to EPA. This limit shall 
be set in terms of lbs SO2/hr, based on the following 
equations, with compliance to be determined on a 30-day rolling average.

m = (n + 1) * [alpha]

m = the rank of the ordered data point, when data is sorted smallest to 
          largest
n = number of data points
[alpha] = 0.95, to reflect the 95th percentile

    If m is a whole number, then the limit, UPL, shall be computed as:

UPL = Xm,

Where:

xm = value of the mth data point in terms of lbs 
          SO2/hr, when the data is sorted smallest to largest

    If m is not a whole number, the limit shall be computed by linear 
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.007


[[Page 263]]


Where:

mi = the integer portion of m, i.e., m truncated at zero decimal places, 
          and
m[alpha] = the decimal portion of m

    (vii) Starting with the first day that SO2 CEMS are 
required to be operational, for the facilities listed in paragraphs 
(b)(2)(i)-(b)(2)(vi) of this section, records shall be kept for any day 
during which fuel oil is burned (either alone or blended with other 
fuels) in one or more of a facility's indurating furnaces. These records 
must include, at a minimum, the gallons of fuel oil burned per hour, the 
sulfur content of the fuel oil, and the SO2 emissions in 
pounds per hour. If any fuel oil is burned after the first day that 
SO2 CEMS are required to be operational, then the records 
must be submitted, for each calendar year, to the Regional Administrator 
no later than 30 days after the end of each calendar year.
    (c) Testing and monitoring. (1) The owner or operator of the 
respective facility shall install, certify, calibrate, maintain and 
operate Continuous Emissions Monitoring Systems (CEMS) for 
NOX on United States Steel Corporation, Keetac unit EU030; 
Hibbing Taconite Company units EU020, EU021, and EU022; United States 
Steel Corporation, Minntac units EU225, EU261, EU282, EU315, and EU334; 
United Taconite units EU040 and EU042; ArcelorMittal Minorca Mine unit 
EU026; and Northshore Mining Company--Silver Bay units Furnace 11 
(EU100/EU104) and Furnace 12 (EU110/EU114). Compliance with the emission 
limits for NOX shall be determined using data from the CEMS.
    (2) The owner or operator shall install, certify, calibrate, 
maintain and operate CEMS for SO2 on United States Steel 
Corporation, Keetac unit EU030; Hibbing Taconite Company units EU020, 
EU021, and EU022; United States Steel Corporation, Minntac units EU225, 
EU261, EU282, EU315, and EU334; United Taconite units EU040 and EU042; 
ArcelorMittal Minorca Mine unit EU026; and Northshore Mining Company--
Silver Bay units Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
    (3) The owner or operator shall install, certify, calibrate, 
maintain and operate one or more continuous diluent monitor(s) 
(O2 or CO2) and continuous flow rate monitor(s) on 
the BART affected units to allow conversion of the NOX and 
SO2 concentrations to units of the standard (lbs/MMBtu and 
lbs/hr, respectively) unless a demonstration is made that a diluent 
monitor and continuous flow rate monitor are not needed for the owner or 
operator to demonstrate compliance with applicable emission limits in 
units of the standards.
    (4) For purposes of this section, all CEMS required by this section 
must meet the requirements of paragraphs (c)(4)(i)-(xiv) of this 
section.
    (i) All CEMS must be installed, certified, calibrated, maintained, 
and operated in accordance with 40 CFR Part 60, Appendix B, Performance 
Specification 2 (PS-2) and Appendix F, Procedure 1.
    (ii) All CEMS associated with monitoring NOX (including 
the NOX monitor and necessary diluent and flow rate monitors) 
must be installed and operational no later than the unit specific 
compliance dates for the emission limits identified at paragraphs 
(b)(1)(i)-(vi) of this section. All CEMS associated with monitoring 
SO2 (except the CEMS associated with monitoring 
SO2 at United Taconite Line 1 and Line 2 pellet furnaces) 
must be installed and operational no later than six months after March 
8, 2013. All CEMs associated with monitoring SO2 at United 
Taconite Line 1 and Line 2 pellet furnaces must be installed and 
operational no later than 54 months from March 8, 2013. Verification of 
the CEMS operational status shall, as a minimum, include completion of 
the manufacturer's written requirements or recommendations for 
installation, operation, and calibration of the devices.
    (iii) The owner or operator must conduct a performance evaluation of 
each CEMS in accordance with 40 CFR Part 60, Appendix B, PS-2. The 
performance evaluations must be completed no later than 60 days after 
the respective CEMS installation.
    (iv) The owner or operator of each CEMS must conduct periodic 
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in 
accordance with 40 CFR Part 60, Appendix F, Procedure 1. The first CEMS 
accuracy test

[[Page 264]]

will be a relative accuracy test audit (RATA) and must be completed no 
later than 60 days after the respective CEMS installation.
    (v) The owner or operator of each CEMS must furnish the Regional 
Administrator two, or upon request, more copies of a written report of 
the results of each performance evaluation and QA/QC check within 60 
days of completion.
    (vi) The owner or operator of each CEMS must check, record, and 
quantify the zero and span calibration drifts at least once daily (every 
24 hours) in accordance with 40 CFR Part 60, Appendix F, Procedure 1, 
Section 4.
    (vii) Except for CEMS breakdowns, repairs, calibration checks, and 
zero and span adjustments, all CEMS required by this section shall be in 
continuous operation during all periods of BART affected process unit 
operation, including periods of process unit startup, shutdown, and 
malfunction.
    (viii) All CEMS required by this section must meet the minimum data 
requirements at paragraphs (c)(4)(viii)(A)-(C) of this section.
    (A) Complete a minimum of one cycle of operation (sampling, 
analyzing, and data recording) for each successive 15-minute quadrant of 
an hour.
    (B) Sample, analyze and record emissions data for all periods of 
process operation except as described in paragraph (c)(4)(viii)(C) of 
this section.
    (C) When emission data from CEMS are not available due to continuous 
monitoring system breakdowns, repairs, calibration checks, or zero and 
span adjustments, emission data must be obtained using other monitoring 
systems or emission estimation methods approved by the EPA. The other 
monitoring systems or emission estimation methods to be used must be 
incorporated into the monitoring plan required by this section and 
provide information such that emissions data are available for a minimum 
of 18 hours in each 24 hour period and at least 22 out of 30 successive 
unit operating days.
    (ix) Owners or operators of each CEMS required by this section must 
reduce all data to 1-hour averages. Hourly averages shall be computed 
using all valid data obtained within the hour but no less than one data 
point in each fifteen-minute quadrant of an hour. Notwithstanding this 
requirement, an hourly average may be computed from at least two data 
points separated by a minimum of 15 minutes (where the unit operates for 
more than one quadrant in an hour) if data are unavailable as a result 
of performance of calibration, quality assurance, preventive maintenance 
activities, or backups of data from data acquisition and handling 
systems, and recertification events.
    (x) The 30-day rolling average emission rate determined from data 
derived from the CEMS required by this section (in lbs/MMBtu or lbs/hr 
depending on the emission standard selected) must be calculated in 
accordance with paragraphs (c)(4)(x)(A)-(F) of this section.
    (A) Sum the total pounds of the pollutant in question emitted from 
the Unit during an operating day and the previous twenty-nine operating 
days.
    (B) Sum the total heat input to the unit (in MMBtu) or the total 
actual hours of operation (in hours) during an operating day and the 
previous twenty-nine operating days.
    (C) Divide the total number of pounds of the pollutant in question 
emitted during the thirty operating days by the total heat input (or 
actual hours of operation depending on the emission limit selected) 
during the thirty operating days.
    (D) For purposes of this calculation, an operating day is any day 
during which fuel is combusted in the BART affected Unit regardless of 
whether pellets are produced. Actual hours of operation are the total 
hours a unit is firing fuel regardless of whether a complete 24-hour 
operational cycle occurs (i.e. if the furnace is firing fuel for only 5 
hours during a 24-hour period, then the actual operating hours for that 
day are 5. Similarly, total number of pounds of the pollutant in 
question for that day is determined only from the CEMS data for the five 
hours during which fuel is combusted.)
    (E) If the owner or operator of the CEMS required by this section 
uses an alternative method to determine 30-day rolling averages, that 
method must be described in detail in the monitoring

[[Page 265]]

plan required by this section. The alternative method will only be 
applicable if the final monitoring plan and the alternative method are 
approved by EPA.
    (F) A new 30-day rolling average emission rate must be calculated 
for each new operating day.
    (xi) The 30-day rolling average removal efficiency determined from 
data derived from the CEMS required by this section must be calculated 
in accordance with paragraphs (c)(4)(xi)(A)-(G) of this section.
    (A) Calculate the 30-day rolling average emission rate described in 
paragraphs (c)(4)(x)(A)-(F) of this section at the inlet of the control 
device.
    (B) Calculate the 30-day rolling average emission rate described in 
paragraphs (c)(4)(x)(A)-(F) of this section at the outlet of the control 
device.
    (C) Subtract the 30-day rolling average emission rate determined at 
the outlet of the control device from the 30-day rolling average 
emission rate determined at the inlet of the control device.
    (D) Divide the result of paragraph (c)(4)(xi)(C) of this section by 
the 30-day rolling average emission rate determined at the inlet.
    (E) Multiply the result of paragraph (c)(4)(xi)(D) of this section 
by 100 to determine the 30-day rolling average removal efficiency.
    (F) If the owner or operator of the CEMS required by this section 
uses an alternative method to determine the 30-day rolling average 
removal efficiency, that method must be described in detail in the 
monitoring plan required by this section. The alternative method will 
only be applicable if the final monitoring plan and the alternative 
method are approved by EPA.
    (G) A new 30-day rolling average removal efficiency must be 
calculated for each new operating day.
    (xii) Data substitution must not be used for purposes of determining 
compliance under this section.
    (xiii) All CEMS data shall be reduced and reported in units of the 
applicable standard.
    (xiv) A Quality Control Program must be developed and implemented 
for all CEMS required by this section in accordance with 40 CFR Part 60, 
Appendix F, Procedure 1, Section 3. The program will include, at a 
minimum, written procedures and operations for calibration checks, 
calibration drift adjustments, preventative maintenance, data 
collection, recording and reporting, accuracy audits/procedures, 
periodic performance evaluations, and a corrective action program for 
malfunctioning CEMS.
    (5) No later than the compliance date of this section, owners or 
operators utilizing a wet scrubber to control SO2 shall 
include in the performance testing an evaluation of compliance with the 
pH limits established by this section. The pH evaluation shall be 
performed in accordance with the requirements of 40 CFR 136.3 using EPA 
Method 150.2.
    (d) Recordkeeping requirements. (1)(i) Records required by this 
section must be kept in a form suitable and readily available for 
expeditious review.
    (ii) Records required by this section must be kept for a minimum of 
5 years following the date of creation.
    (iii) Records must be kept on site for at least 2 years following 
the date of creation and may be kept offsite, but readily accessible, 
for the remaining 3 years.
    (2) The owner or operator of the BART affected units must maintain 
the records at paragraphs (d)(2)(i)-(xi) of this section.
    (i) A copy of each notification and report developed for and 
submitted to comply with this section including all documentation 
supporting any initial notification or notification of compliance status 
submitted according to the requirements of this section.
    (ii) Records of the occurrence and duration of startup, shutdown, 
and malfunction of the BART affected units, air pollution control 
equipment, and CEMS required by this section.
    (iii) Records of activities taken during each startup, shutdown, and 
malfunction of the BART affected unit, air pollution control equipment, 
and CEMS required by this section.
    (iv) Records of the occurrence and duration of all major maintenance 
conducted on the BART affected units, air pollution control equipment, 
and CEMS required by this section.

[[Page 266]]

    (v) Records of each excess emission report, including all 
documentation supporting the reports, dates and times when excess 
emissions occurred, investigations into the causes of excess emissions, 
actions taken to minimize or eliminate the excess emissions, and 
preventative measures to avoid the cause of excess emissions from 
occurring again.
    (vi) Records of all CEMS data including, as a minimum, the date, 
location, and time of sampling or measurement, parameters sampled or 
measured, and results.
    (vii) All records associated with quality assurance and quality 
control activities on each CEMS as well as other records required by 40 
CFR Part 60, Appendix F, Procedure 1 including, but not limited to, the 
quality control program, audit results, and reports submitted as 
required by this section.
    (viii) Records of the NOX emissions during all periods of 
BART affected unit operation, including startup, shutdown and 
malfunction in the units of the standard. The owner or operator shall 
convert the monitored data into the appropriate unit of the emission 
limitation using appropriate conversion factors and F-factors. F-factors 
used for purposes of this section shall be documented in the monitoring 
plan and developed in accordance with 40 CFR Part 60, Appendix A, Method 
19. The owner or operator may use an alternate method to calculate the 
NOX emissions upon written approval from EPA.
    (ix) Records of the SO2 emissions or records of the 
removal efficiency (based on CEMS data), depending on the emission 
standard selected, during all periods of operation, including periods of 
startup, shutdown and malfunction, in the units of the standard.
    (x) Records associated with the CEMS unit including type of CEMS, 
CEMS model number, CEMS serial number, and initial certification of each 
CEMS conducted in accordance with 40 CFR Part 60, Appendix B, 
Performance Specification 2 must be kept for the life of the CEMS unit.
    (xi) Records of all periods of fuel oil usage as required at 
paragraph (b)(2)(vi) of this section.
    (e) Reporting requirements. (1) All requests, reports, submittals, 
notifications, and other communications to the Regional Administrator 
required by this section shall be submitted, unless instructed 
otherwise, to the Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5 (A-18J), at 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    (2) The owner or operator of each BART affected unit identified in 
this section and CEMS required by this section must provide to the 
Regional Administrator the written notifications, reports and plans 
identified at paragraphs (e)(2)(i)-(viii) of this section. If acceptable 
to both the Regional Administrator and the owner or operator of each 
BART affected unit identified in this section and CEMS required by this 
section the owner or operator may provide electronic notifications, 
reports and plans.
    (i) A notification of the date construction of control devices and 
installation of burners required by this section commences postmarked no 
later than 30 days after the commencement date.
    (ii) A notification of the date the installation of each CEMS 
required by this section commences postmarked no later than 30 days 
after the commencement date.
    (iii) A notification of the date the construction of control devices 
and installation of burners required by this section is complete 
postmarked no later than 30 days after the completion date.
    (iv) A notification of the date the installation of each CEMS 
required by this section is complete postmarked no later than 30 days 
after the completion date.
    (v) A notification of the date control devices and burners installed 
by this section startup postmarked no later than 30 days after the 
startup date.
    (vi) A notification of the date CEMS required by this section 
startup postmarked no later than 30 days after the startup date.
    (vii) A notification of the date upon which the initial CEMS 
performance evaluations are planned. This notification must be submitted 
at least 60 days

[[Page 267]]

before the performance evaluation is scheduled to begin.
    (viii) A notification of initial compliance, signed by the 
responsible official who shall certify its accuracy, attesting to 
whether the source has complied with the requirements of this section, 
including, but not limited to, applicable emission standards, control 
device and burner installations, CEMS installation and certification. 
This notification must be submitted before the close of business on the 
60th calendar day following the completion of the compliance 
demonstration and must include, at a minimum, the information at 
paragraphs (e)(2)(viii)(A)-(F) of this section.
    (A) The methods used to determine compliance.
    (B) The results of any CEMS performance evaluations, and other 
monitoring procedures or methods that were conducted.
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods.
    (D) The type and quantity of air pollutants emitted by the source, 
reported in units of the standard.
    (E) A description of the air pollution control equipment and burners 
installed as required by this section, for each emission point.
    (F) A statement by the owner or operator as to whether the source 
has complied with the relevant standards and other requirements.
    (3) The owner or operator must develop and implement a written 
startup, shutdown, and malfunction plan for NOX and 
SO2. The plan must include, at a minimum, procedures for 
operating and maintaining the source during periods of startup, 
shutdown, and malfunction; and a program of corrective action for a 
malfunctioning process and air pollution control and monitoring 
equipment used to comply with the relevant standard. The plan must 
ensure that, at all times, the owner or operator operates and maintains 
each affected source, including associated air pollution control and 
monitoring equipment, in a manner which satisfies the general duty to 
minimize or eliminate emissions using good air pollution control 
practices. The plan must ensure that owners or operators are prepared to 
correct malfunctions as soon as practicable after their occurrence.
    (4) The written reports of the results of each performance 
evaluation and QA/QC check in accordance with and as required by 
paragraph (c)(4)(v) of this section.
    (5) Compliance reports. The owner or operator of each BART affected 
unit must submit semiannual compliance reports. The semiannual 
compliance reports must be submitted in accordance with paragraphs 
(e)(5)(i) through (iv) of this section, unless the Administrator has 
approved a different schedule.
    (i) The first compliance report must cover the period beginning on 
the compliance date that is specified for the affected source through 
June 30 or December 31, whichever date comes first after the compliance 
date that is specified for the affected source.
    (ii) The first compliance report must be postmarked no later than 30 
calendar days after the reporting period covered by that report (July 30 
or January 30), whichever comes first.
    (iii) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (iv) Each subsequent compliance report must be postmarked no later 
than 30 calendar days after the reporting period covered by that report 
(July 30 or January 30).
    (6) Compliance report contents. Each compliance report must include 
the information in paragraphs (e)(6)(i) through (vi) of this section.
    (i) Company name and address.
    (ii) Statement by a responsible official, with the official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (iii) Date of report and beginning and ending dates of the reporting 
period.
    (iv) Identification of the process unit, control devices, and CEMS 
covered by the compliance report.
    (v) A record of each period of startup, shutdown, or malfunction 
during the reporting period and a description of

[[Page 268]]

the actions the owner or operator took to minimize or eliminate 
emissions arising as a result of the startup, shutdown, or malfunction 
and whether those actions were or were not consistent with the source's 
startup, shutdown, and malfunction plan.
    (vi) A statement identifying whether there were or were not any 
deviations from the requirements of this section during the reporting 
period. If there were deviations from the requirements of this section 
during the reporting period, then the compliance report must describe in 
detail the deviations which occurred, the causes of the deviations, 
actions taken to address the deviations, and procedures put in place to 
avoid such deviations in the future. If there were no deviations from 
the requirements of this section during the reporting period, then the 
compliance report must include a statement that there were no 
deviations. For purposes of this section, deviations include, but are 
not limited to, emissions in excess of applicable emission standards 
established by this section, failure to continuously operate an air 
pollution control device in accordance with operating requirements 
designed to assure compliance with emission standards, failure to 
continuously operate CEMS required by this section, and failure to 
maintain records or submit reports required by this section.
    (7) Each owner or operator of a CEMS required by this section must 
submit quarterly excess emissions and monitoring system performance 
reports for each pollutant monitored for each BART affected unit 
monitored. All reports must be postmarked by the 30\th\ day following 
the end of each three-month period of a calendar year (January-March, 
April-June, July-September, October-December) and must include, at a 
minimum, the requirements at paragraphs (e)(7)(i)-(xv) of this section.
    (i) Company name and address.
    (ii) Identification and description of the process unit being 
monitored.
    (iii) The dates covered by the reporting period.
    (iv) Total source operating hours for the reporting period.
    (v) Monitor manufacturer, monitor model number and monitor serial 
number.
    (vi) Pollutant monitored.
    (vii) Emission limitation for the monitored pollutant.
    (viii) Date of latest CEMS certification or audit.
    (ix) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (x) A table summarizing the total duration of excess emissions, as 
defined at paragraphs (e)(7)(x)(A)-(B) of this section, for the 
reporting period broken down by the cause of those excess emissions 
(startup/shutdown, control equipment problems, process problems, other 
known causes, unknown causes), and the total percent of excess emissions 
(for all causes) for the reporting period calculated as described at 
paragraph (e)(7)(x)(C) of this section.
    (A) For purposes of this section, an excess emission is defined as 
any 30-day rolling average period, including periods of startup, 
shutdown and malfunction, during which the 30-day rolling average 
emissions of either regulated pollutant (SO2 and 
NOX), as measured by a CEMS, exceeds the applicable emission 
standards in this section.
    (B) For purposes of this section, if a facility calculates a 30-day 
rolling average emission rate in accordance with this section which 
exceeds the applicable emission standards of this section, then it will 
be considered 30 days of excess emissions. If the following 30-day 
rolling average emission rate is calculated and found to exceed the 
applicable emission standards of this section as well, then it will add 
one more day to the total days of excess emissions (i.e. 31 days). 
Similarly, if an excess emission is calculated for a 30-day rolling 
average period and no additional excess emissions are calculated until 
15 days after the first, then that new excess emission will add 15 days 
to the total days of excess emissions (i.e. 30 + 15 = 45). For purposes 
of this section, if an excess emission is calculated for any period of 
time within a reporting period, there will be no fewer than 30 days of 
excess emissions but there should be no more than 121 days of excess 
emissions for a reporting period.

[[Page 269]]

    (C) For purposes of this section, the total percent of excess 
emissions will be determined by summing all periods of excess emissions 
(in days) for the reporting period, dividing that number by the total 
BART affected unit operating days for the reporting period, and then 
multiplying by 100 to get the total percent of excess emissions for the 
reporting period. An operating day, as defined previously, is any day 
during which fuel is fired in the BART affected unit for any period of 
time. Because of the possible overlap of 30-day rolling average excess 
emissions across quarters, there are some situations where the total 
percent of excess emissions could exceed 100 percent. This extreme 
situation would only result from serious excess emissions problems where 
excess emissions occur for nearly every day during a reporting period.
    (xi) A table summarizing the total duration of monitor downtime, as 
defined at paragraph (e)(7)(xi)(A) of this section, for the reporting 
period broken down by the cause of the monitor downtime (monitor 
equipment malfunctions, non-monitor equipment malfunctions, quality 
assurance calibration, other known causes, unknown causes), and the 
total percent of monitor downtime (for all causes) for the reporting 
period calculated as described at paragraph (e)(7)(xi)(B) of this 
section.
    (A) For purposes of this section, monitor downtime is defined as any 
period of time (in hours) during which the required monitoring system 
was not measuring emissions from the BART affected unit. This includes 
any period of CEMS QA/QC, daily zero and span checks, and similar 
activities.
    (B) For purposes of this section, the total percent of monitor 
downtime will be determined by summing all periods of monitor downtime 
(in hours) for the reporting period, dividing that number by the total 
number of BART affected unit operating hours for the reporting period, 
and then multiplying by 100 to get the total percent of excess emissions 
for the reporting period.
    (xii) A table which identifies each period of excess emissions for 
the reporting period and includes, at a minimum, the information in 
paragraphs (e)(7)(xii)(A)-(F) of this section.
    (A) The date of each excess emission.
    (B) The beginning and end time of each excess emission.
    (C) The pollutant for which an excess emission occurred.
    (D) The magnitude of the excess emission.
    (E) The cause of the excess emission.
    (F) The corrective action taken or preventative measures adopted to 
minimize or eliminate the excess emissions and prevent such excess 
emission from occurring again.
    (xiii) A table which identifies each period of monitor downtime for 
the reporting period and includes, at a minimum, the information in 
paragraphs (e)(7)(xiii)(A)-(D) of this section.
    (A) The date of each period of monitor downtime.
    (B) The beginning and end time of each period of monitor downtime.
    (C) The cause of the period of monitor downtime.
    (D) The corrective action taken or preventative measures adopted for 
system repairs or adjustments to minimize or eliminate monitor downtime 
and prevent such downtime from occurring again.
    (xiv) If there were no periods of excess emissions during the 
reporting period, then the excess emission report must include a 
statement which says there were no periods of excess emissions during 
this reporting period.
    (xv) If there were no periods of monitor downtime, except for daily 
zero and span checks, during the reporting period, then the excess 
emission report must include a statement which says there were no 
periods of monitor downtime during this reporting period except for the 
daily zero and span checks.
    (8) The owner or operator of each CEMS required by this section must 
develop and submit for review and approval by the Regional Administrator 
a site specific monitoring plan. The purpose of this monitoring plan is 
to establish procedures and practices which will be implemented by the 
owner or operator in its effort to comply with the monitoring, 
recordkeeping and reporting requirements of this section. The monitoring 
plan must include, at a minimum, the information at paragraphs 
(e)(8)(i)-(x) of this section.

[[Page 270]]

    (i) Site specific information including the company name, address, 
and contact information.
    (ii) The objectives of the monitoring program implemented and 
information describing how those objectives will be met.
    (iii) Information on any emission factors used in conjunction with 
the CEMS required by this section to calculate emission rates and a 
description of how those emission factors were determined.
    (iv) A description of methods to be used to calculate emission rates 
when CEMS data is not available due to downtime associated with QA/QC 
events.
    (v) A description of the QA/QC program to be implemented by the 
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR Part 60, Appendix F, 
Procedure 1, Section 3.
    (vi) A list of spare parts for CEMS maintained on site for system 
maintenance and repairs.
    (vii) A description of the procedures to be used to calculate 30-day 
rolling averages and an example calculation which shows the algorithms 
used by the CEMS to calculate 30-day rolling averages.
    (viii) A sample of the document to be used for the quarterly excess 
emission reports required by this section.
    (ix) A description of the procedures to be implemented to 
investigate root causes of excess emissions and monitor downtime and the 
proposed corrective actions to address potential root causes of excess 
emissions and monitor downtime.
    (x) A description of the sampling and calculation methodology for 
determining the percent sulfur by weight as a monthly block average for 
coal used during that month.

[78 FR 8738, Feb. 6, 2013]



Sec. 52.1236  Visibility protection.

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

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1237  Control strategy: Carbon monoxide.

    (a) The base year carbon monoxide emission inventory requirement of 
section 187(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for the following areas: Duluth Metropolitan Area and 
Minneapolis-St. Paul Metropolitan Area.
    (b) Approval--The 1993 carbon monoxide periodic emission inventory 
requirement of section 187(a)(5) of the Clean Air Act, as amended in 
1990, has been satisfied for the following areas: the counties of the 
Twin cities seven county Metropolitan area (Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington), and Wright.
    (c) Approval--On March 23, 1998, the Minnesota Pollution Control 
Agency submitted a request to redesignate the Minneapolis/St. Paul CO 
nonattainment area (consisting of portions of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, Washington, and Wright) to attainment for CO. 
As part of the redesignation request, the State submitted a maintenance 
plan as required by 175A of the Clean Air Act, as amended in 1990. 
Elements of the section 175A maintenance plan include a base year (1996 
attainment year) emission inventory for CO, a demonstration of 
maintenance of the ozone NAAQS with projected emission inventories to 
the year 2009, a plan to verify continued attainment, a contingency 
plan, and an obligation to submit a subsequent maintenance plan revision 
in 8 years as required by the Clean Air Act. If the area records a 
violation of the CO NAAQS (which must be confirmed by the State), 
Minnesota will implement one or more appropriate contingency measure(s) 
which are contained in the contingency plan. The menu of

[[Page 271]]

contingency measures includes oxygenated fuel, transportation control 
measures, or a vehicle inspection and maintenance program. The 
redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(E) and 175A of the Act as amended in 
1990, respectively.
    (d) Approval--On November 10, 2004, Minnesota submitted a revision 
to the Carbon Monoxide (CO) maintenance plan for the Minneapolis-St. 
Paul area. These plans revised 1996 and 2009 motor vehicle emission 
inventories and 2009 Motor Vehicle Emissions Budgets (MVEB) recalculated 
using the emissions factor model MOBILE6. The MVEB for transportation 
conformity purposes for the Minneapolis-St. Paul maintenance area is 
1961 tons per winter day of CO.
    (e) Approval--On June 16, 2010, Minnesota submitted a carbon 
monoxide (CO) limited maintenance plan for the Minneapolis-St. Paul area 
under section 175A of the CAA for the continued attainment of the one 
hour and eight hour CO NAAQS.

[59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997; 
64 FR 58354, Oct. 29, 1999; 69 FR 71380, Dec. 9, 2004; 75 FR 54778, 
Sept. 9, 2010]



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

    (a)(1) The owner and operator of each source located within the 
State of Minnesota and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Minnesota State Implementation 
Plan (SIP) as meeting the requirements of CAIR for PM2.5 
relating to NOX under Sec. 51.123 of this chapter, except to 
the extent the Administrator's approval is partial or conditional or 
unless such approval is under Sec. 51.123(p) of this chapter.
    (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) 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, except that:
    (1) The owner and operator of each source referenced in such 
paragraph in whose compliance account any allocation of CAIR 
NOX allowances was recorded under the Federal CAIR 
NOX Annual Trading Program in part 97 of this chapter shall 
hold in that compliance account, as of midnight of December 3, 2009 and 
with regard to each such recorded allocation, CAIR NOX 
allowances that are usable in such trading program, issued for the same 
year as the recorded allocation, and in the same amount as the recorded 
allocation. The owner and operator shall hold such allowances for the 
purpose of deduction by the Administrator under paragraph (b)(2) of this 
section.
    (2) After December 3, 2009, the Administrator will deduct from the 
compliance account of each source in the State of Minnesota any CAIR 
NOX allowances required to be held in that compliance account 
under paragraph (b)(1) of this section. The Administrator will not 
deduct, for purposes of implementing the stay, any other CAIR 
NOX allowances held in that compliance account and, starting 
no later than December 3, 2009, will not record any allocation of CAIR 
NOX allowances included in the State trading budget for 
Minnesota for any year.
    (c)(1) The owner and operator of each source and each unit located 
in the State of Minnesota 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

[[Page 272]]

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 Minnesota'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 Minnesota's SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this 
section, if, at the time of the approval of Minnesota's SIP revision 
described in paragraph (c)(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.

[72 FR 62350, Nov. 2, 2007, as amended at 74 FR 56726, Oct. 3, 2009; 76 
FR 48368, Aug. 8, 2011]



Sec. 52.1241  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 Minnesota and for which requirements are set forth 
under the Federal CAIR SO2 Trading Program in subparts AAA 
through III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Minnesota State Implementation 
Plan as meeting the requirements of CAIR for PM2.5 relating 
to SO2 under Sec. 51.124 of this chapter, except to the 
extent the Administrator's approval is partial or conditional or unless 
such approval is under Sec. 51.124(r) of this chapter.
    (b) 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.
    (c)(1) The owner and operator of each source and each unit located 
in the State of Minnesota 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 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 Minnesota'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 Minnesota's SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this 
section, if, at the time of the approval of Minnesota's SIP revision 
described in paragraph (c)(1) 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.

[72 FR 62350, Nov. 2, 2007, as amended at 74 FR 56726, Oct. 3, 2009; 76 
FR 48368, Aug. 8, 2011]

[[Page 273]]



                          Subpart Z_Mississippi



Sec. 52.1270  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Mississippi under section 110 of the Clean Air 
Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient 
air quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraph (c) 
of this section with an EPA approval date prior to October 3, 2007, for 
Mississippi 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 October 3, 2007, for Mississippi will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
Implementation Plan as of the dates referenced in paragraph (b)(1).
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, 
GA 30303, the 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 Mississippi Regulations.

                                      EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
         APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Section 1........................  General............          1/9/94  2/12/96, 61 FR 5295
Section 2........................  Definitions........          1/9/94  2/12/96, 61 FR 5295
Section 3........................  Specific Criteria           5/28/99  12/20/02, 67 FR
                                    for Sources of                       77926.
                                    Particulate Matter.
Section 4........................  Specific Criteria            1/9/94  2/12/96, 61 FR 5295
                                    for Sources of
                                    Sulfur Compounds.
Section 5........................  Specific Criteria            1/9/94  2/12/96, 61 FR 5295
                                    for Sources of
                                    Chemical Emissions.
Section 6........................  New Sources........         5/28/99  12/20/02, 67 FR      Subsection 2,
                                                                         77926.               ``Other
                                                                                              Limitations,'' and
                                                                                              Subsection 3,
                                                                                              ``New Source
                                                                                              Performance
                                                                                              Standards,'' are
                                                                                              not federally
                                                                                              approved.
Section 7........................  Exceptions.........          2/4/72  5/31/72, 37 FR
                                                                         10875.
Section 9........................  Stack Height                 5/1/86  9/23/87, 52 FR
                                    Considerations..                     35704.
Section 10.......................  Provisions for               1/9/94  2/12/96, 61 FR 5295
                                    Upsets, Startups,
                                    and Shutdowns.
Section 11.......................  Severability.......          1/9/94  2/12/96, 61 FR 5295
Section 14.......................  Provision for the          12/17/06  10/3/07, 72 FR
                                    Clean Air                            56268.
                                    Interstate Rule.
----------------------------------------------------------------------------------------------------------------

[[Page 274]]

 
           APC-S-2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
----------------------------------------------------------------------------------------------------------------
Section I........................  General                     8/27/05  7/10/06, 71 FR
                                    Requirements.                        38773.
Section II.......................  General Standards           8/27/05  7/10/06, 71 FR
                                    Applicable to All                    38773.
                                    Permits.
Section III......................  Application For             8/27/05  7/10/06, 71 FR
                                    Permit To                            38773.
                                    Construct and
                                    State Permit To
                                    Operate New
                                    Stationary Source.
Section IV.......................  Public                      8/27/05  7/10/06, 71 FR
                                    Participation and                    38773.
                                    Public
                                    Availability of
                                    Information.
Section V........................  Application Review.         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section VI.......................  Compliance Testing.         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section VII......................  Emission Evaluation         8/27/05  7/10/06, 71 FR
                                    Report.                              38773.
Section VIII.....................  Procedures for              8/27/05  7/10/06, 71 FR
                                    Renewal of State                     38773.
                                    Permit To Operate.
Section IX.......................  Reporting and               8/27/05  7/10/06, 71 FR
                                    Record Keeping.                      38773.
Section X........................  Emission Reduction          8/27/05  7/10/06, 71 FR
                                    Schedule.                            38773.
Section XI.......................  General Permits....         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XII......................  Multi-Media Permits         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XIII.....................  Exclusions.........         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XIV......................  CAFO...............         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XV.......................  Options............         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XVI......................  Permit Transfer....         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XVII.....................  Severability.......         8/27/05  7/10/06, 71 FR
                                                                         38773.
----------------------------------------------------------------------------------------------------------------
                   APC-S-3 Regulations for the Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Section 1........................  General............          2/4/72  5/31/72, 37 FR
                                                                         10875.
Section 2........................  Definitions........          2/4/72  5/31/72, 37 FR
                                                                         10875.
Section 3........................  Episode Criteria...          6/3/88  11/13/89, 54 FR
                                                                         47211.
Section 4........................  Emission Control             2/4/72  5/31/72, 37 FR
                                    Action Programs.                     10875.
Section 5........................  Emergency Orders...          6/3/88  11/13/89, 54 FR
                                                                         47211.
----------------------------------------------------------------------------------------------------------------

[[Page 275]]

 
                 APC-S-5-Regulations for Prevention of Significant Deterioration for Air Quality
----------------------------------------------------------------------------------------------------------------
All..............................  ...................       06/2/2011  9-26-12, 77 FR       As of 9-26-2012 EPA
                                                                         59095.               is approving a
                                                                                              revision to APC-S-
                                                                                              5 incorporating by
                                                                                              reference the
                                                                                              regulations found
                                                                                              at 40 CFR 52.21 as
                                                                                              of March 22, 2011.
                                                                                              See [Insert
                                                                                              citation of
                                                                                              publication]. This
                                                                                              approval does not
                                                                                              include
                                                                                              Mississippi's
                                                                                              revision to IBR
                                                                                              (at Rule APC-S-5)
                                                                                              the term
                                                                                              ``particulate
                                                                                              matter emissions''
                                                                                              (as promulgated in
                                                                                              the May 16, 2008
                                                                                              NSR PM2.5 Rule (at
                                                                                              40 CFR
                                                                                              51.166(b)(49)(vi))
                                                                                              and the PM2.5 SILs
                                                                                              threshold and
                                                                                              provisions (as
                                                                                              promulgated in the
                                                                                              October 20, 2010
                                                                                              PM2.5 PSD
                                                                                              Increment-SILs-SMC
                                                                                              Rule at 40 CFR
                                                                                              52.21(k)(2)).
----------------------------------------------------------------------------------------------------------------
                                                                                             On December 29,
                                                                                              2010, EPA approved
                                                                                              a revision to APC-
                                                                                              S-5 which
                                                                                              incorporated by
                                                                                              reference the
                                                                                              regulations found
                                                                                              at 40 CFR 52.21 as
                                                                                              of September 13,
                                                                                              2010. See 75 FR
                                                                                              81858. That action
                                                                                              approved the
                                                                                              incorporation by
                                                                                              reference with the
                                                                                              exception of the
                                                                                              phrase ``except
                                                                                              ethanol production
                                                                                              facilities
                                                                                              producing ethanol
                                                                                              by natural
                                                                                              fermentation under
                                                                                              the North American
                                                                                              Industry
                                                                                              Classification
                                                                                              System (NAICS)
                                                                                              codes 325193 or
                                                                                              312140,'' APC-S-5
                                                                                              incorporated by
                                                                                              reference from 40
                                                                                              CFR
                                                                                              52.21(b)(1)(i)(a)
                                                                                              and (b)(1(iii)(t).
                                                                                              Additionally, that
                                                                                              final EPA action
                                                                                              did not
                                                                                              incorporate by
                                                                                              reference, into
                                                                                              the Mississippi
                                                                                              SIP, the
                                                                                              administrative
                                                                                              regulations that
                                                                                              were amended in
                                                                                              the Fugitive
                                                                                              Emissions Rule (73
                                                                                              FR 77882) and are
                                                                                              stayed through
                                                                                              October 3, 2011.
----------------------------------------------------------------------------------------------------------------
                                         Mississippi State Constitution
----------------------------------------------------------------------------------------------------------------
Article 4 Section 109............  Interest of Public        9/27/2012  4/8/2013
                                    Officers in                         78 FR 20795........
                                    Contracts.
----------------------------------------------------------------------------------------------------------------
                                                Mississippi Code
----------------------------------------------------------------------------------------------------------------
Section 25-4-25..................  Persons required to       9/27/2012  4/8/2013
                                    file statement of                   78 FR 20795........
                                    economic interest.
Section 25-4-27..................  Contents of               9/27/2012  4/8/2013
                                    statement of                        78 FR 20795........
                                    economic interest.
Section 25-4-29..................  Filing dates for          9/27/2012  4/8/2013
                                    statement.                          78 FR 20795........
Section 25-4-101.................  Declaration of            9/27/2012  4/8/2013
                                    public policy.                      78 FR 20795........

[[Page 276]]

 
Section 25-4-103.................  Definitions........       9/27/2012  4/8/2013
                                                                        78 FR 20795........
Section 25-4-105.................  Certain actions,          9/27/2012  4/8/2013
                                    activities and                      78 FR 20795........
                                    business
                                    relationships
                                    prohibited or
                                    authorized;
                                    contacts in
                                    violation of
                                    section voidable;
                                    penalties.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved Mississippi source-specific requirements.

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

    (e) EPA approved Mississippi non-regulatory provisions.

                               EPA Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable        State submittal
   Name of non-regulatory SIP        geographic or      date/effective     EPA approval date      Explanation
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2) Infrastructure  Mississippi.......  12/7/2007.........  7/13/2011, 76 FR    For the 1997 8-
 Requirements for the 1997 8-                                              41123.              hour ozone NAAQS.
 Hour Ozone National Ambient Air
 Quality Standards.
Regional Haze Plan..............  Statewide.........  9/22/2008.........  6/27/2012, 77 FR
                                                                           38191.
Regional Haze Plan Update--E. I.  Statewide.........  5/9/2011..........  6/27/2012, 77 FR
 Dupont Reasonable Progress and                                            38191.
 Mississippi Phosphates BART
 Determinations.
110(a)(1) and (2) Infrastructure  Mississippi.......  12/7/2007.........  10/9/2012, 77 FR    With the exception
 Requirements for 1997 Fine                                                61276.              of sections
 Particulate Matter National                                                                   110(a)(2)(D)(i),
 Ambient Air Quality Standards.                                                                110(a)(2)(E)(ii)
                                                                                               and 110(a)(2)(G).
110(a)(1) and (2) Infrastructure  Mississippi.......  10/6/2009.........  10/9/2012, 77 FR    With the exception
 Requirements for 2006 Fine                                                61276.              of sections
 Particulate Matter National                                                                   110(a)(2)(D)(i),
 Ambient Air Quality Standards.                                                                110(a)(2)(E)(ii)
                                                                                               and 110(a)(2)(G).
110(a)(2)(G) Infrastructure       Mississippi.......  7/26/2012.........  10/9/2012, 77 FR    ..................
 Requirement for the 1997 and                                              61279.
 2006 Fine Particulate Matter
 National Ambient Air Quality
 Standards.

[[Page 277]]

 
110(a)(2)(D)(i)(I)                Mississippi.......  10/6/2009.........  10/11/2012, 77 FR   EPA partially
 Infrastructure Requirements for                                           61727.              disapproved this
 the 2006 24-hour PM2.5 NAAQS.                                                                 SIP submission to
                                                                                               the extent that
                                                                                               it relied on the
                                                                                               Clean Air
                                                                                               Interstate Rule
                                                                                               to meet the
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ) requirements
                                                                                               for the 2006 24-
                                                                                               hour PM2.5
                                                                                               NAAQS.ROW>
110(a)(2)(E)(ii) Infrastructure   Mississippi.......  10/11/2012........  4/8/2013..........  EPA disapproved
 Requirement for the 1997 and                                             78 FR 20795.......   the State's
 2006 Fine Particulate Matter                                                                  110(a)(2)(E)(ii)
 National Ambient Air Quality                                                                  as it relates to
 Standards.                                                                                    section
                                                                                               128(a)(2), the
                                                                                               significant
                                                                                               portion of income
                                                                                               requirement.
110(a)(1) and (2) Infrastructure  Mississippi.......  12/7/2007.........  4/12/2013, 78 FR    Addressing element
 Requirements for 1997 Fine                                                21845.              110(a)(2)(D)(i)(I
 Particulate Matter National                                                                   I) prong 3 only
 Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure  Mississippi.......  10/6/2009.........  4/12/2013, 78 FR    Addressing element
 Requirements for 2006 Fine                                                21845.              110(a)(2)(D)(i)(I
 Particulate Matter National                                                                   I) prong 3 only
 Ambient Air Quality Standards.
----------------------------------------------------------------------------------------------------------------


[62 FR 35442, July 1, 1997]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1270, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1271  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Mobile (Alabama)-Pensacola-Panama City (Florida)-               I          I       III       III             I
 Gulfport (Mississippi) Interstate...................
Metropolitan Memphis Interstate......................           I        III       III       III             I
Mississippi Delta Intrastate.........................         III        III       III       III           III
Northeast Mississippi Intrastate.....................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10875, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]



Sec. 52.1272  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Mississippi's plan for the attainment and maintenance of 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements of Part D, 
Title I, of the Clean Air Act as amended in 1977.
    (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

[[Page 278]]

(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 40 CFR 
52.21(a)(2)(iv) (2007)) and a significant net emissions increase (as 
defined in paragraphs 40 CFR 52.21(b)(3) and (b)(23)(i) (2007)) occur. 
40 CFR 52.21 (2007) is presently incorporated by reference into 
Mississippi's plan at EPA-approved Mississippi Commission on 
Environmental Quality Rule APC-S-5. 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 40 CFR 52.21(b)(23)(ii)(2007).

[75 FR 82556, Dec. 30, 2010]



Sec. 52.1273  [Reserved]



Sec. 52.1275  Legal authority.

    (a) The requirements of Sec. 51.230(d) of this chapter are not met 
since statutory authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.
    (b) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 7106-117 of the Mississippi Code could, in some 
circumstances, prohibit the disclosure of emission data to the public. 
Therefore, section 7106-117 is disapproved.

[39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.1276  [Reserved]



Sec. 52.1277  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met, 
since the legal authority to provide public availability of emission 
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request

[[Page 279]]

that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55330, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.1278  Control strategy: Sulfur oxides and particulate matter.

    (a) In a letter dated January 30, 1987, the Mississippi Department 
of Natural Resources certified that no emission limits in the State's 
plan are based on dispersion techniques not permitted by EPA's stack 
height rules. This certification does not apply to: Mississippi Power-
Daniel; South Mississippi Electric Power, Hattiesburg-Morrow; E.I. 
Dupont, Delisle Boilers 1 & 2; and International Paper, Vicksburg.
    (b) Disapproval. EPA is disapproving portions of Mississippi's 
Infrastructure SIP for the 1997 annual and 2006 24-hour PM2.5 
NAAQS addressing section 110(a)(2)(E)(ii) that requires the State to 
comply with section 128 of the CAA.

[54 FR 25456, June 15, 1989, as amended at 78 FR 20796, Apr. 8, 2013]



Sec. 52.1279  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 Mississippi 
on September 22, 2008, and supplemented on May 9, 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 
disapproval to the plan provisions addressing these requirements.
    (b) [Reserved]

[77 FR 33657, June 7, 2012]



Sec. 52.1280  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located or to be located in the 
State of Mississippi shall be submitted to the State agency, Hand 
Deliver or Courier: Mississippi Department of Environmental Quality, 
Office of Pollution Control, Air Division, 515 East Amite Street, 
Jackson, Mississippi 39201; Mailing Address: Mississippi Department of 
Environmental Quality, Office of Pollution Control, Air Division, P.O. 
Box 2261, Jackson, Mississippi 39225, rather than to EPA's Region 4 
office.
    (b) [Reserved]

[77 FR 23398, Apr. 19, 2012]

[[Page 280]]



Sec. 52.1281  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Mississippi'' and all revisions submitted by 
Mississippi that were federally approved prior to July 1, 1997.
    (b) The plan was officially submitted on February 4, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) A change in the Opacity Regulation, section 2, Appendix C; 
addition of testing methods, section 8, Appendix C; addition of Permit 
System, Appendix G and deletion of SO2 regulation, section 4, 
Appendix C submitted on May 4, 1972, by the Mississippi Air and Water 
Pollution Control Commission.
    (2) Telegram concerning adoption of plan changes submitted on May 
15, 1972, by the Mississippi Air and Water Pollution Control Commission.
    (3) House Bill number 680 submitted on May 17, 1972, by the 
Governor.
    (4) Compliance schedule revisions submitted on March 6, 1973, by the 
Mississippi Air and Water Pollution Control Commission.
    (5) Compliance schedule revisions submitted on August 9, 1973, by 
the Mississippi Air and Water Pollution Control Commission.
    (6) AQMA identification material submitted on March 14, 1974, by the 
Mississippi Air and Water Pollution Control Commission.
    (7) Compliance schedules submitted on January 20, 1975, by the 
Mississippi Air and Water Pollution Control Commission.
    (8) Revised regulations for the incineration of cotton ginning 
waste, submitted on August 30 and November 14, 1977, by the Mississippi 
Air and Water Pollution Control Commission.
    (9) Revised regulations for open burning, submitted on October 31, 
1977, by the Mississippi Air and Water Pollution Control Commission.
    (10) Revised permit regulations, submitted on March 16, 1978, by the 
Mississippi Air and Water Pollution Control Commission.
    (11) Implementation plan revisions for the Jones County, Mississippi 
total suspended particulate nonattainment area, submitted on March 13, 
1979, by the Mississippi Air and Water Pollution Control Commission.
    (12) Revised regulation APC S-1, section 4.2(b), for emissions of 
sulfur oxides from the incineration of gas streams containing hydrogen 
sulfide, submitted on July 3, 1978; and permits containing limits on 
sulfur oxide emissions from individual flares, submitted on September 
13, 1979, by the Mississippi Bureau of Pollution Control (see Federal 
Register of July 10, 1980).
    (13) Air Quality Surveillance Plan, submitted on June 1, 1982, by 
the Mississippi Department of Natural Resources.
    (14) Incorporation by reference of NSPS and NESHAPS (revised 
definition of ``person'', addition of paragraph 3 to section 6 of APC-S-
1, addition of section 8 to APC-S-1, and addition of subparagraph 2.6.3 
to APC-S-2), submitted on September 8, 1981, by the Mississippi Bureau 
of Pollution Control.
    (15) Revised SO2 limit for United Cement Company's 
Artesia kiln, and NSPS enabling regulation submitted on December 10, 
1982, and adoption of six categories of NSPS submitted on December 23, 
1982, by the Mississippi Bureau of Pollution Control.
    (16) Revision to ``Air Quality Regulations'' and amendment to 
``Permit Regulations for the Construction and/or Operation of Air 
Emission Equipment'' were submitted by the Mississippi Department of 
Natural Resources on May 11, 1984.
    (i) Incorporation by reference.
    (A) May 11, 1984 letter from the Mississippi Department of Natural 
Resources to EPA amending Regulations APC-S-1 and APC-S-2.
    (B) A revision adopted on May 9, 1984, adds Paragraph 3 to 
Mississippi's ``Air Quality Regulations,'' APC-S-1, Section 1 
``General.''
    (C) A revision adopted on May 9, 1984, amends Mississippi's ``Permit 
Regulations for the Construction and/or Operation of Air Emission 
Equipment,'' APC-S-2, Paragraph 2.6.2.1.
    (ii) Other materials--none.
    (17) Implementation plan for lead, submitted on May 9, 1984, by the 
Mississippi Department of Natural Resources.

[[Page 281]]

    (18) Part D and other new source review provisions were submitted by 
the Mississippi Department of Natural Resources on November 25, 1981.
    (i) Incorporation by reference.
    (A) Letter dated November 25, 1981 from Mississippi Department of 
Natural Resources, and Mississippi Regulation APC-S-2, section 2.4.8, 
``Additional Requirements for a Construction Permit for a New Facility 
Significantly Impacting an area in which a National Ambient Air Quality 
Standard is being Exceeded or will be Exceeded'', was adopted by the 
Mississippi Commission on Natural Resources on November 12, 1981. 
Subsection 2.4.8.1, 2.4.8.3, and 2.4.8.4 are incorporated by reference.
    (ii) Additional material.
    (A) Letter to Jack Ravan from Charlie E. Blalock, dated November 25, 
1985, interpreting Mississippi regulations with respect to source 
coverage and stack heights.
    (19) Stack height regulations were submitted to EPA on April 1, 1986 
by the Mississippi Department of Natural Resources.
    (i) Incorporation by reference.
    (A) Mississippi Department of Natural Resources, Bureau of Pollution 
Control, Appendix C-5, Air Emission Regulations, Regulation APC-S-1, 
Section 9, which was adopted on March 26, 1986.
    (B) Letter of April 1, 1986 from Mississippi Department of National 
Resources.
    (ii) Additional material--none.
    (20) PM10 revisions for the State of Mississippi which 
were submitted by the Mississippi Department of Natural Resources on 
July 26, 1988.
    (i) Incorporation by reference.
    (A) Revised regulations which became State-effective on June 3, 
1988:
    1. Air Emission Regulations, APC-S-1, Section 2, (16)-(27).
    2. Permit Regulations . . ., APC-S-2, 2.4.8.1(a), (b), (e), (f) and 
2.4.8.3.
    3. Regulations for the Prevention of Air Pollution Emergency 
Episodes, APC-S-3, Section 3 and Section 5.
    (ii) Additional material.
    (A) Letter of July 26, 1988, from the Mississippi Department of 
Natural Resources, submitting the Mississippi SIP revisions.
    Revised SIP narrative:
    (B) Section 1.15 Notification of Public Hearing for Plan Revision 
for PM10 Requirements
    (C) Section 3.6 Legal Authority for the PM10 Plan 
Revision
    (D) Section 5.5 Control Strategy for the Development of Emission 
Regulations for PM10
    (E) Section 6.9 Control Regulations for PM10 Revisions
    (F) Chapter 9.0 Air Monitoring
    (G) Section 14.1.4 Health Effects of the PM10 Plan 
Revisions
    (H) Section 14.3.4 Economic Effects of the PM10 Plan 
Revisions
    (I) Section 14.5.4 Social Effects of the PM10 Plan 
Revisions
    (J) Section 14.6.4 Air Quality Effects of the PM10 
Revisions
    (21) Revisions to APC-S-5 of the Mississippi Air Pollution Control 
Act which were submitted on July 16, 1990.
    (i) Incorporation by reference.
    (A) Regulation APC-S-5, Regulations for the Prevention of 
Significant Deterioration of Air Quality, effective on July 29, 1990.
    (ii) Other material.
    (A) Letter of July 16, 1990, from the Mississippi Department of 
Environmental Quality.
    (22) Prevention of Significant Deterioration regulation revision to 
include Nitrogen Dioxide increments for the State of Mississippi which 
was submitted by the Mississippi Department of Environmental Quality on 
June 14, 1991.
    (i) Incorporation by reference.
    (A) Revision to Regulation APC-S-5, Paragraph 1, Regulations for the 
Prevention of Significant Deterioration of Air Quality, which became 
State effective on May 28, 1991.
    (ii) Other material.
    (A) Letter of June 14, 1991 from the Mississippi Department of 
Environmental Quality.
    (B) Letter of March 8, 1991, from the Mississippi Department of 
Environmental Quality regarding minimum program elements.
    (23) The Mississippi Department of Environmental Quality has 
submitted revisions to chapter 15 of the Mississippi Statute on November 
19, 1992. These revision address the requirements of section 507 of 
title V of the

[[Page 282]]

CAA and establish the Small Business Stationary Source Technical and 
Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Mississippi SIP chapter 15 effective December 19, 1992.
    (ii) Additional information.
    (A) January 20, 1994, letter of clarification regarding the 
appointment of the CAP.
    (24) The Mississippi Department of Environmental Quality submitted 
revisions on June 14, 1991, to ``Permit Regulations for the construction 
and/or Operation of Air Emissions Equipment'' of Regulation APC-S092. 
These revisions incorporate ``moderate stationary sources'' into the 
existing regulations which are required in 40 CFR part 51, subpart I.
    (i) Incorporation by reference.
    (A) Mississippi Commission on Environmental Quality Permit 
Regulations for the Construction and/or Operation of Air Emissions 
Equipment, Regulation APC-S092, effective on May 28, 1991.
    (B) Letter of June 21, 1994, from the Mississippi Office of the 
Attorney General to the Environmental Protection Agency.
    (ii) Additional material. None.
    (25) Revisions to minor source operating permit rules submitted by 
the Mississippi Department of Environmental Quality on January 26, 1994.
    (i) Incorporation by reference.
    (A) Regulation APC-S-2, effective January 9, 1994.
    (ii) Other material. None.
    (26) The Mississippi Department of Environmental Quality has 
submitted revision to Regulation APC-S-5. The purpose of this regulation 
is to adopt by reference Federal regulations for the prevention of 
significant deterioration of air quality as required by 40 CFR 51.166 
and 52.21.
    (i) Incorporation by reference.
    (A) Regulations of the prevention of significant deterioration of 
air quality--Regulation APC-S-5 effective January 9, 1994.
    (ii) Additional information--None.
    (27) Amendments to Regulation APC-S-1 ``Air Emission Regulations for 
the Prevention, Abatement, and Control of Air Contaminants'' to be 
consistent with federal regulations as specified in 40 CFR Part 257.
    (i) Incorporation by reference. Regulation APC-S-1 ``Air Emission 
Regulations for the Prevention, Abatement, and Control of Air 
Contaminants'' effective January 9, 1994, except SECTION 8. PROVISIONS 
FOR HAZARDOUS AIR POLLUTANTS.
    (ii) Additional material. None.

[37 FR 10875, May 31, 1972. Redesignated and amended at 62 FR 35442, 
July 1, 1997]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1281, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1284  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 Mississippi 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 Mississippi'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 Mississippi's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Mississippi'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

[[Page 283]]

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 48368, Aug. 8, 2011]



                           Subpart AA_Missouri



Sec. 52.1319  [Reserved]



Sec. 52.1320  Identification of Plan.

    (a) Purpose and scope. This section sets forth the applicable SIP 
for Missouri under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR 
part 51 to meet national ambient air quality standards (NAAQS).
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to August 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 August 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 
August 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, 11201 Renner Boulevard, Lenexa, Kansas 66219; at 
EPA Air and Radiation Docket and Information Center, 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 (800) 223-0425 or 
(913) 551-7122; 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 Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                State
   Missouri citation            Title         effective            EPA approval date              Explanation
                                                 date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
  Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-2.040...............  Maximum Allowable        9/4/84  1/24/85, 50 FR 3337                  Rescinded.
                          Emission of
                          Particulate
                          Matter from Fuel
                          Burning Equipment
                          Used for Indirect
                          Heating.
----------------------------------------------------------------------------------------------------------------
10-2.090...............  Incinerators......      2/25/70  3/18/80, 45 FR 17145.                The State has
                                                                                                rescinded this
                                                                                                rule.
10-2.100...............  Open Burning             4/2/84  8/31/84, 49 FR 34484.
                          Restrictions.
10-2.150...............  Time Schedule for    12/30/2008  1/24/11, 76 FR 4076                  The State has
                          Compliance.                                                           rescinded this
                                                                                                rule.
10-2.205...............  Control of              3/30/01  4/24/02, 67 FR 20036.
                          Emissions from
                          Aerospace
                          Manufacture and
                          Rework Facilities.
10-2.210...............  Control of              2/29/08  6/20/08, 73 FR 35074.
                          Emissions from
                          Solvent Metal
                          Cleaning.

[[Page 284]]

 
10-2.215...............  Control of              5/30/01  4/24/02, 67 FR 20036.
                          Emissions from
                          Solvent Cleanup
                          Operations.
10-2.220...............  Liquefied Cutback        6/3/91  6/23/92, 57 FR 27939.
                          Asphalt Paving
                          Restricted.
10-2.230...............  Control of             11/20/91  8/24/94, 59 FR 43480.                4/3/95, 60 FR
                          Emissions from                                                        16806
                          Industrial                                                            (correction).
                          Surface Coating
                          Operations.
10-2.260...............  Control of              4/30/04  2/2/05, 70 FR 5379.
                          Petroleum Liquid
                          Storage, Loading,
                          and Transfer.
10-2.290...............  Control of              3/30/92  8/30/93, 58 FR 45451.                The State rule
                          Emissions from                                                        has Sections
                          Rotogravure and                                                       (6)(A) and
                          Flexographic                                                          (6)(B), which
                          Printing                                                              EPA has not
                          Facilities.                                                           approved. 9/6/
                                                                                                94, 59 FR 43376
                                                                                                (correction).
10-2.300...............  Control of             11/20/91  3/26/03, 68 FR 14539.                4/3/95, 60 FR
                          Emissions from                                                        16806
                          the Manufacturing                                                     (correction).
                          of Paints,
                          Varnishes,
                          Lacquers, Enamels
                          and Other Allied
                          Surface Coating
                          Products.
10-2.310...............  Control of             11/20/91  8/24/94, 59 FR 43480.                4/3/95, 60 FR
                          Emissions from                                                        16806
                          the Application                                                       (correction).
                          of Automotive
                          Underbody
                          Deadeners.
10-2.320...............  Control of             11/20/91  8/24/94, 59 FR 43480.                4/3/95, 60 FR
                          Emissions from                                                        16806
                          Production of                                                         (correction).
                          Pesticides and
                          Herbicides.
10-2.330...............  Control of              5/30/01  2/13/02, 67 FR 6660.
                          Gasoline Reid
                          Vapor Pressure.
10-2.340...............  Control of              9/30/03  10/30/03, 68 FR 61758.
                          Emissions from
                          Lithographic
                          Printing
                          Facilities.
10-2.360...............  Control of             11/30/95  7/20/98, 63 FR 38755.
                          Emissions from
                          Bakery Ovens.
10-2.385...............  Control of Heavy        2/28/09  3/1/11, 76 FR 11083                  Subsection (3)(A)
                          Duty Diesel                                                           is not SIP
                          Vehicle Idling                                                        approved.
                          Emissions.
10-2.390...............  Kansas City Area        7/27/07  10/18/07, 72 FR 59014.
                          Transportation
                          Conformity
                          Requirements.
----------------------------------------------------------------------------------------------------------------
                   Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
----------------------------------------------------------------------------------------------------------------
10-3.010...............  Auto Exhaust             2/1/78  3/18/80, 45 FR 17145.
                          Emission Controls.
10-3.030...............  Open Burning            7/31/98  4/1/99, 64 FR 15688.
                          Restrictions.
10-3.040...............  Incinerators......       2/1/78  3/18/80, 45 FR 17145.                The State has
                                                                                                rescinded this
                                                                                                rule.
10-3.060...............  Maximum Allowable      11/30/02  3/18/03, 68 FR 12831                 Rescinded.
                          Emission of
                          Particulate
                          Matter from Fuel
                          Burning Equipment
                          Used for Indirect
                          Heating.
----------------------------------------------------------------------------------------------------------------

[[Page 285]]

 
    Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
----------------------------------------------------------------------------------------------------------------
10-4.040...............  Maximum Allowable      11/30/02  3/18/03, 68 FR 12831                 Rescinded.
                          Emission of
                          Particulate
                          Matter from Fuel
                          Burning Equipment
                          Used for Indirect
                          Heating.
10-4.080...............  Incinerators......     12/16/69  3/18/80, 45 FR 17145.                The State has
                                                                                                rescinded this
                                                                                                rule.
10-4.090...............  Open Burning             4/2/84  8/31/84, 49 FR 34484.
                          Restrictions.
10-4.140...............  Time Schedule for    12/30/2008  1/24/11, 76 FR 4076                  The State has
                          Compliance.                                                           rescinded this
                                                                                                rule.
----------------------------------------------------------------------------------------------------------------
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-5.030...............  Maximum Allowable        9/4/84  1/24/85, 50 FR 3337                  Rescinded.
                          Emission of
                          Particulate
                          Matter from Fuel
                          Burning Equipment
                          Used for Indirect
                          Heating.
10-5.040...............  Use of Fuel in          9/18/70  3/18/80, 45 FR 17145.
                          Hand-Fired
                          Equipment
                          Prohibited.
10-5.060...............  Refuse Not To Be        9/18/70  3/18/80, 45 FR 17145.                The State has
                          Burned in Fuel                                                        rescinded this
                          Burning                                                               rule.
                          Installations.
10-5.070...............  Open Burning            1/29/95  2/17/00, 65 FR 8060.
                          Restrictions.
10-5.080...............  Incinerators......      9/18/70  3/18/80, 45 FR 17145.                The State has
                                                                                                rescinded this
                                                                                                rule.
10-5.120...............  Information on          9/18/70  3/18/80, 45 FR 17145.
                          Sales of Fuels To
                          Be Provided and
                          Maintained.
10-5.130...............  Certain Coals To        9/18/70  3/18/80, 45 FR 17145.
                          Be Washed.
10-5.220...............  Control of              9/30/07  4/2/08, 73 FR 17893.
                          Petroleum Liquid
                          Storage, Loading
                          and Transfer.
10-5.240...............  Additional Air          9/18/70  3/18/80, 45 FR 17145.
                          Quality Control
                          Measures May Be
                          Required When
                          Sources Are
                          Clustered in a
                          Small Land Area.
10-5.250...............  Time Schedule for    12/30/2008  1/24/11, 76 FR 4076                  The State has
                          Compliance.                                                           rescinded this
                                                                                                rule.
10-5.295...............  Control of              2/29/00  5/18/00, 65 FR 31489.
                          Emissions from
                          Aerospace
                          Manufacturing and
                          Rework Facilities.
10-5.300...............  Control of             11/30/06  3/9/07, 72 FR 10610.
                          Emissions from
                          Solvent Metal
                          Cleaning.
10-5.385...............  Control of Heavy        2/28/09  3/1/11, 76 FR 11083                  Subsection (3)(A)
                          Duty Diesel                                                           is not SIP
                          Vehicle Idling                                                        approved.
                          Emissions.
10-5.310...............  Liquefied Cutback        3/1/89  3/5/90, 55 FR 7712.
                          Asphalt
                          Restricted.
10-5.330...............  Control of            8/30/2011  1/23/2012, 67 FR 3146.
                          Emissions from
                          Industrial
                          Surface Coating
                          Operations.
10-5.340...............  Control of            8/30/2011  1/23/2012, 67 FR 3146.
                          Emissions from
                          Rotogravure and
                          Flexographic
                          Printing
                          Facilities.

[[Page 286]]

 
10-5.350...............  Control of             11/20/91  8/24/94, 59 FR 43480.                4/3/95, 60 FR
                          Emissions from                                                        16806
                          Manufacture of                                                        (Correction
                          Synthesized                                                           Notice).
                          Pharmaceutical
                          Products.
10-5.360...............  Control of             11/20/91  8/24/94, 59 FR 43480.                4/3/95, 60 FR
                          Emissions from                                                        16806
                          Polyethylene Bag                                                      (Correction
                          Sealing                                                               Notice).
                          Operations.
10-5.370...............  Control of             11/20/91  8/24/94, 59 FR 43480.                4/3/95, 60 FR
                          Emissions from                                                        16806
                          the Application                                                       (Correction
                          of Deadeners and                                                      Notice).
                          Adhesives.
10-5.380...............  Motor Vehicle          12/30/02  5/12/03, 68 FR 25414.
                          Emissions
                          Inspection.
10-5.390...............  Control of              8/30/00  8/14/01, 66 FR 42605.
                          Emissions from
                          Manufacture of
                          Paints,
                          Varnishes,
                          Lacquers, Enamels
                          and Other Allied
                          Surface Coating
                          Products.
10-5.410...............  Control of             11/20/91  8/24/94, 59 FR 43480.                4/3/95, 60 FR
                          Emissions from                                                        16806
                          Manufacture of                                                        (Correction
                          Polystyrene Resin.                                                    Notice).
10-5.420...............  Control of              3/11/89  3/5/90, 55 FR 7712.
                          Equipment Leaks
                          from Synthetic
                          Organic Chemical
                          and Polymer
                          Manufacturing
                          Plants.
10-5.440...............  Control of             12/30/96  2/17/00, 65 FR 8060.
                          Emissions from
                          Bakery Ovens.
10-5.442...............  Control of            8/30/2011  1/23/2012, 67 FR 3146.
                          Emissions from
                          Offset
                          Lithographic
                          Printing
                          Operations.
10-5.450...............  Control of VOC          5/28/95  2/17/00, 65 FR 8060.
                          Emissions from
                          Traffic Coatings.
10-5.451...............  Control of              9/30/00  7/20/01, 66 FR 37906.
                          Emissions from
                          Aluminum Foil
                          Rolling.
10-5.455...............  Control of              2/28/97  2/17/00, 65 FR 8060.
                          Emissions from
                          Solvent Cleaning
                          Operations.
10-5.480...............  St. Louis Area          7/27/07  10/18/07, 72 FR 59014.
                          Transportation
                          Conformity
                          Requirements.
10-5.490...............  Municipal Solid        12/30/96  2/17/00, 65 FR 8060.
                          Waste Landfills.
10-5.500...............  Control of              2/29/00  5/18/00, 65 FR 31489.
                          Emissions from
                          Volatile Organic
                          Liquid Storage.
10-5.510...............  Control of              5/30/06  11/6/06, 71 FR 64888.
                          Emissions of
                          Nitrogen Oxides.
10-5.520...............  Control of              2/29/00  5/18/00, 65 FR 31489.
                          Volatile Organic
                          Compound
                          Emissions from
                          Existing Major
                          Sources.
10-5.530...............  Control of              2/29/00  5/18/00, 65 FR 31489.
                          Volatile Organic
                          Compound
                          Emissions from
                          Wood Furniture
                          Manufacturing
                          Operations.
10-5.540...............  Control of              2/29/00  5/18/00, 65 FR 31489.
                          Emissions from
                          Batch Process
                          Operations.

[[Page 287]]

 
10-5.550...............  Control of              2/29/00  5/18/00, 65 FR 31489.
                          Volatile Organic
                          Compound
                          Emissions from
                          Reactor Processes
                          and Distillation
                          Operations
                          Processes in the
                          Synthetic Organic
                          Chemical
                          Manufacturing
                          Industry.
----------------------------------------------------------------------------------------------------------------
10-5.570...............  Control of Sulfur      09/30/09  01/25/13, 78 FR 5303
                          Emissions from
                          Stationary
                          Boilers.
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10-6.010...............  Ambient Air            05/30/10  9/20/12, 77 FR 58309
                          Quality Standards.
10-6.020...............  Definitions and        12/30/10  4/2/13, 78 FR 19602
                          Common Reference
                          Tables.
10-6.030...............  Sampling Methods        2/28/06  12/5/06, 71 FR 70468.
                          for Air Pollution
                          Sources.
10-6.040...............  Reference Methods.     05/30/10  9/20/12, 77 FR 58309
10-6.050...............  Start-up,               2/28/02  8/27/02, 67 FR 54965.
                          Shutdown, and
                          Malfunction
                          Conditions.

[[Page 288]]

 
10-6.060...............  Construction            8/30/11  4/16/12, 77 FR 22500                 This revision
                          Permits Required.                                                     incorporates by
                                                                                                reference
                                                                                                elements of
                                                                                                EPA's NSR reform
                                                                                                rule published
                                                                                                December 31,
                                                                                                2002. Provisions
                                                                                                of the
                                                                                                incorporated
                                                                                                reform rule
                                                                                                relating to the
                                                                                                Clean Unit
                                                                                                Exemption,
                                                                                                Pollution
                                                                                                Control
                                                                                                Projects, and
                                                                                                exemption from
                                                                                                recordkeeping
                                                                                                provisions for
                                                                                                certain sources
                                                                                                using the actual-
                                                                                                to-projected-
                                                                                                actual emissions
                                                                                                projections test
                                                                                                are not SIP
                                                                                                approved. In
                                                                                                addition, we are
                                                                                                not approving
                                                                                                Missouri's rule
                                                                                                incorporating
                                                                                                EPA's 2007
                                                                                                revision of the
                                                                                                definition of
                                                                                                ``chemical
                                                                                                processing
                                                                                                plants'' (the
                                                                                                ``Ethanol
                                                                                                Rule,'' 72 FR
                                                                                                24060 (May 1,
                                                                                                2007) or EPA's
                                                                                                2008 ``fugitive
                                                                                                emissions
                                                                                                rule,'' 73 FR
                                                                                                77882 (December
                                                                                                19, 2008).
                                                                                               Otherwise, this
                                                                                                revision also
                                                                                                incorporates by
                                                                                                reference the
                                                                                                other provisions
                                                                                                of 40 CFR 52.21
                                                                                                as in effect on
                                                                                                August 2, 2010,
                                                                                                which supersedes
                                                                                                any conflicting
                                                                                                provisions in
                                                                                                the Missouri
                                                                                                rule. Section 9,
                                                                                                pertaining to
                                                                                                hazardous air
                                                                                                pollutants, is
                                                                                                not SIP
                                                                                                approved.
10-6.061...............  Construction            7/30/06  12/4/06, 70315.                      Section
                          Permits                                                               (3)(A)2.D. is
                          Exemptions.                                                           not included in
                                                                                                the SIP.
10-6.062...............  Construction            5/30/07  9/26/07, 72 FR 54562.                Section (3)(B)4.
                          Permits by Rule.                                                      is not included
                                                                                                in the SIP.
10-6.065...............  Operating Permits.      9/30/05  2/21/07, 72 FR 7829.                 Section (4) Basic
                                                                                                State Operating
                                                                                                Permits, has not
                                                                                                been approved as
                                                                                                part of the SIP.
10-6.110...............  Submission of        09/30/2010  12/14/2011, 76 FR 77701              Section (3)(A),
                          Emission Data,                                                        Emissions Fees,
                          Emission Fees,                                                        has not been
                          and Process                                                           approved as part
                          Information.                                                          of the SIP
10-6.120...............  Restriction of          3/30/05  6/12/06, 71 FR 33622.
                          Emissions of Lead
                          from Specific
                          Lead Smelter-
                          Refinery
                          Installations.
10-6.130...............  Controlling            05/30/10  9/20/12, 77 FR 58309
                          Emissions During
                          Episodes of High
                          Air Pollution
                          Potential.

[[Page 289]]

 
10-6.140...............  Restriction of           5/1/86  3/31/89, 54 FR 13184.
                          Emissions Credit
                          for Reduced
                          Pollutant
                          Concentrations
                          from the Use of
                          Dispersion
                          Techniques.
10-6.150...............  Circumvention.....      8/15/90  4/17/91, 56 FR 15500.
10-6.170...............  Restriction of          8/30/98  3/31/00, 65 FR 17164.
                          Particulate
                          Matter to the
                          Ambient Air
                          Beyond the
                          Premises of
                          Origin.
10-6.180...............  Measurement of         11/19/90  7/23/91, 56 FR 33714.
                          Emissions of Air
                          Contaminants.
10-6.210...............  Confidential            1/27/95  2/29/96, 61 FR 7714.
                          Information.
10-6.220...............  Restriction of          9/30/08  12/29/09, 74 FR 68689                Subsection (1)(I)
                          Emission of                                                           referring to the
                          Visible Air                                                           open burning
                          Contaminants.                                                         rule, 10 CSR 10-
                                                                                                6.045, is not
                                                                                                SIP approved.
10-6.260...............  Restriction of          2/29/08  6/20/08, 73 FR 35071.                Section (3)(B) is
                          Emission of                                                           not SIP
                          Sulfur Compounds.                                                     approved.
10-6.280...............  Compliance              3/30/02  8/27/02, 67 FR 54961.
                          Monitoring Usage.
10-6.300...............  Conformity of           9/17/07  12/4/07, 72 FR 68072.
                          General Federal
                          Actions to State
                          Implementation
                          Plans.
10-6.330...............  Restriction of          6/30/98  12/8/98, 63 FR 67591.
                          Emissions from
                          Batch-type
                          Charcoal Kilns.
10-6.350...............  Emissions               5/30/07  4/2/08, 73 FR 17890.
                          Limitations and
                          Emissions Trading
                          of Oxides of
                          Nitrogen.
10-6.360...............  Control of NOX          5/30/07  4/2/08, 73 FR 17890.
                          Emissions from
                          Electric
                          Generating Units
                          and Non-Electric
                          Generating
                          Boilers.
10-6.362...............  Clean Air               5/18/07  12/14/07, 72 FR 71073.
                          Interstate Rule
                          Annual NOX
                          Trading Program.
10-6.364...............  Clean Air               5/18/07  12/14/07, 72 FR 71073.
                          Interstate Rule
                          Seasonal NOX
                          Trading Program.
10-6.366...............  Clean Air               5/18/07  12/14/07, 72 FR 71073.
                          Interstate Rule
                          SO2 Trading
                          Program.
10-6.380...............  Control of NOX         10/30/05  8/15/06, 71 FR 46860.
                          Emissions from
                          Portland Cement
                          Kilns.
10-6.390...............  Control of NOX         10/30/05  8/15/06, 71 FR 46860.
                          Emissions from
                          Large Stationary
                          Internal
                          Combustion
                          Engines.
10-6.400...............  Restriction of         02/28/11  02/20/13, 78 FR 11758
                          Emission of
                          Particulate
                          Matter from
                          Industrial
                          Processes.
10-6.405...............  Restriction of         10/30/11  9/13/12, 77 FR 56555                 Replaces 10-
                          Particulate                                                           2.040, 10-3.060,
                          Matter Emissions                                                      10-4.040, and 10-
                          From Fuel Burning                                                     5.030
                          Equipment Used
                          for Indirect
                          Heating.
10-6.410...............  Emissions Banking       7/30/09  4/16/12, 77 FR 22500
                          and Trading.

[[Page 290]]

 
    Missouri Department of Public Safety Division 50-State Highway Patrol Chapter 2--Motor Vehicle Inspection
----------------------------------------------------------------------------------------------------------------
50-2.010...............  Definitions.......      4/11/82  8/12/85, 50 FR 32411.
50-2.020...............  Minimum Inspection     10/11/82  8/12/85, 50 FR 32411.
                          Station
                          Requirements.
50-2.030...............  Inspection Station     12/11/77  8/12/85, 50 FR 32411.
                          Classification.
50-2.040...............  Private Inspection      5/31/74  8/12/85, 50 FR 32411.
                          Stations.
50-2.050...............  Inspection Station     11/11/79  8/12/85, 50 FR 32411.
                          Permits.
50-2.060...............  Display of             11/31/74  8/12/85, 50 FR 32411.
                          Permits, Signs
                          and Poster.
50-2.070...............  Hours of Operation     11/11/83  8/12/85, 50 FR 32411.
50-2.080...............  Licensing of            4/13/78  8/12/85, 50 FR 32411.
                          Inspector/
                          Mechanics.
50-2.090...............  Inspection Station      8/11/78  8/12/85, 50 FR 32411.
                          Operational
                          Requirements.
50-2.100...............  Requisition of          6/12/80  8/12/85, 50 FR 32411.
                          Inspection
                          Stickers and
                          Decals.
50-2.110...............  Issuance of            12/11/77  8/12/85, 50 FR 32411.
                          Inspection
                          Stickers and
                          Decals.
50-2.120...............  MVI-2 Form........     11/11/83  8/12/85, 50 FR 32411.
50-2.130...............  Violations of Laws      5/31/74  8/12/85, 50 FR 32411.
                          or Rules Penalty.
50-2.260...............  Exhaust System....      5/31/74  8/12/85, 50 FR 32411.
50-2.280...............  Air Pollution          12/11/80  8/12/85, 50 FR 32411.
                          Control Devices.
50-2.290...............  Fuel Tank.........       5/3/74  8/12/85, 50 FR 32411.
50-2.350...............  Applicability of         5/1/84  8/12/85, 50 FR 32411.
                          Motor Vehicle
                          Emission
                          Inspection.
50-2.360...............  Emission Fee......      11/1/83  8/12/85, 50 FR 32411.
50-2.370...............  Inspection Station     12/21/90  10/13/92, 57 FR 46778.
                          Licensing.
50-2.380...............  Inspector/Mechanic      11/1/83  8/12/85, 50 FR 32411.
                          Licensing.
50-2.390...............  Safety/Emission         11/1/83  8/12/85, 50 FR 32411.
                          Stickers.
50-2.401...............  General                12/21/90  10/13/92, 57 FR 46778.
                          Specifications.
50-2.402...............  MAS Software           12/21/90  10/13/92, 57 FR 46778.               The SIP does not
                          Functions.                                                            include Section
                                                                                                (6), Safety
                                                                                                Inspection.
50-2.403...............  Missouri Analyzer      12/21/90  10/13/92, 57 FR 46778.               The SIP does not
                          System (MAS)                                                          include Section
                          Display and                                                           (3)(B)4, Safety
                          Program                                                               Inspection
                          Requirements.                                                         Sequences or
                                                                                                (3)(M)5(II),
                                                                                                Safety
                                                                                                Inspection
                                                                                                Summary.
50-2.404...............  Test Record            12/21/90  10/13/92, 57 FR 46778.               The SIP does not
                          Specifications.                                                       include Section
                                                                                                (5), Safety
                                                                                                Inspection
                                                                                                Results.
50-2.405...............  Vehicle Inspection     12/21/90  10/13/92, 57 FR 46778.
                          Certificate,
                          Vehicle
                          Inspection
                          Report, and
                          Printer Function
                          Specifications.
50-2.406...............  Technical              12/21/90  10/13/92, 57 FR 46778.
                          Specifications
                          for the MAS.
50-2.407...............  Documentation,         12/21/90  10/13/92, 57 FR 46778.
                          Logistics and
                          Warranty
                          Requirements.
50-2.410...............  Vehicles Failing       12/21/90  10/13/92, 57 FR 46778.
                          Reinspection.

[[Page 291]]

 
50-2.420...............  Procedures for         12/21/90  10/13/92, 57 FR 46778.
                          Conducting Only
                          Emission Tests.
----------------------------------------------------------------------------------------------------------------
                                       Kansas City Chapter 8--Air Quality
----------------------------------------------------------------------------------------------------------------
8-2....................  Definitions.......     12/10/98  12/22/99, 64 FR 71663.
8-4....................  Open burning......     10/31/96  4/22/98, 63 FR 19823.
8-5....................  Emission of            12/10/98  12/22/99, 64 FR 71663.               Only subsections
                          particulate                                                           8-5(c)(1)b, 8-
                          matter.                                                               5(c)(1)c, 8-
                                                                                                5(c)(2)a, 8-
                                                                                                5(c)(3)a, 8-
                                                                                                5(c)(3)b, 8-
                                                                                                5(c)(3)c, 8-
                                                                                                5(c)(3)d are
                                                                                                approved in the
                                                                                                SIP.
----------------------------------------------------------------------------------------------------------------
                            Springfield--Chapter 2A--Air Pollution Control Standards
----------------------------------------------------------------------------------------------------------------
Article I..............  Definitions.......     12/04/08  10/21/10 75 FR 64953                 Only Section 6-2
                                                                                                is approved by
                                                                                                EPA.
Article II.............  Administrative and     12/04/08  ...................................  Only Sections 6-
                          Enforcement.                                                          151, 155, 156,
                                                                                                and 171 are
                                                                                                approved by EPA.
                         Incinerators......
Article V..............  ..................     12/04/08  ...................................  Only Sections 6-
                                                                                                311 through 314
                                                                                                are approved by
                                                                                                EPA.
Article VII............  Stack Emission         10/31/96  4/22/98, 63 FR 19823.                Only Section 2A-
                          Test Method.                                                          25 is approved
                                                                                                by EPA.
Article IX.............  Incinerator.......     10/31/96  4/22/98, 63 FR 19823.                Only Sections 2A-
                                                                                                34 through 38
                                                                                                are approved by
                                                                                                EPA.
Article XX.............  Test Methods and       10/31/96  4/22/98, 63 FR 19823.                Only Sections 2A-
                          Tables.                                                               51, 55, and 56
                                                                                                are approved by
                                                                                                EPA.
----------------------------------------------------------------------------------------------------------------
                                         St. Louis City Ordinance 68657
----------------------------------------------------------------------------------------------------------------
Section 6..............  Definitions.......      8/28/03  12/9/03, 68 FR 68521.                The phrase
                                                                                                ``other than
                                                                                                liquids or
                                                                                                gases'' in the
                                                                                                Refuse
                                                                                                definition has
                                                                                                not been
                                                                                                approved.
Section 15.............  Open Burning            8/28/03  12/9/03, 68 FR 68521.                .................
                          Restrictions.
----------------------------------------------------------------------------------------------------------------

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

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                    State
        Name of source           Order/permit     effective           EPA approval date            Explanation
                                    number           date
----------------------------------------------------------------------------------------------------------------
(1) ASARCO Inc. Lead Smelter,  Order...........      8/13/80  4/27/81, 46 FR 23412.............
 Glover, MO.
(2) St. Joe Lead (Doe Run)     Order...........      3/21/84  6/11/84, 49 FR 24022.............
 Company Lead Smelter,
 Herculaneum, MO.
(3) AMAX Lead (Doe Run)        Order...........      9/27/84  1/7/85, 50 FR 768................
 Company Lead Smelter, Boss,
 MO.
(4) Gusdorf Operating Permit,  Permit Nos:         * 4/29/80  10/15/84, 49 FR 40164............
 11440 Lackland Road, St.       04682-04693.
 Louis County, MO.

[[Page 292]]

 
(5) Doe Run Lead Smelter,      Consent Order...       3/9/90  3/6/92, 57 FR 8076...............
 Herculaneum, MO.
(6) Doe Run Lead Smelter,      Consent Order...      8/17/90  3/6/92, 57 FR 8076...............
 Herculaneum, MO.
(7) Doe Run Lead Smelter,      Consent Order...       7/2/93  5/5/95, 60 FR 22274..............
 Herculaneum, MO.
(8) Doe Run Lead Smelter,      Consent Order         4/28/94  5/5/95, 60 FR 22274..............  In a notice
 Herculaneum, MO.               (Modification).                                                   published on 8/
                                                                                                  15/97 at 62 FR
                                                                                                  43647, EPA
                                                                                                  required
                                                                                                  implementation
                                                                                                  of the
                                                                                                  contingency
                                                                                                  measures.
(9) Doe Run Lead Smelter,      Consent Order        11/23/94  5/5/95, 60 FR 22274..............
 Herculaneum, MO.               (Modification).
(10) Doe Run Buick Lead        Consent Order...       7/2/93  8/4/95, 60 FR 39851..............
 Smelter, Boss, MO.
(11) Doe Run Buick Lead        Consent Order         9/29/94  8/4/95, 60 FR 39851..............
 Smelter, Iron County, MO.      (Modification).
(12) ASARCO Glover Lead        Consent Decree        7/30/96  3/5/97, 62 FR 9970...............
 Smelter, Glover, MO.           CV596-98CC with
                                exhibits A-G.
(13) Eagle-Picher              Consent              08/26/99  4/24/00, 65 FR 21649.............
 Technologies, Joplin, MO.      Agreement.
(14) Doe Run Resource          Consent Order...      5/11/00  10/18/00, 65 FR 62295............
 Recycling Facility near
 Buick, MO.
(15) St. Louis University....  Medical Waste         9/22/92  4/22/98, 63 FR 19823.............
                                Incinerator.
(16) St. Louis University....  Permit Matter         1/31/00  10/26/00, 65 FR 64156............
                                No. 00-01-004.
(17) St. Joseph Light & Power  Consent Decree..      5/21/01  11/15/01, 66 FR 57389............
 SO2.
(18) Asarco, Glover, MO......  Modification of       7/31/00  4/16/02, 67 FR 18497.............
                                Consent Decree,
                                CV596-98CC.
(19) Doe Run, Herculaneum, MO  Consent                1/5/01  4/16/02, 67 FR 18497.............
                                Judgement,
                                CV301-0052C-J1,
                                with Work
                                Practice Manual
                                and S.O.P. for
                                Control of Lead
                                Emissions (Rev
                                2000).
(20) Springfield City          Consent               12/6/01  3/25/02, 67 FR 13570.............
 Utilities James River Power    Agreement.
 Station SO2.
(21) St. Louis University....  Permit Matter         8/28/03  12/9/03, 68 FR 68521.............  Updates a
                                No. 00-01-004.                                                    reference in
                                                                                                  section II.B.
                                                                                                  to Ordinance
                                                                                                  No. 65645.
(22) Doe Run Lead Smelter,     Settlement           10/31/03  10/29/04, 69 FR 63072............
 Glover, MO.                    Agreement.
(23) Grossman Iron and Steel   Permit No.            7/19/06  12/4/06, 71 FR 70312.............
 Company.                       SR00.045A.
(24) Doe Run Herculaneum, MO.  Consent Judgment     12/20/05  5/4/07, 72 FR 25203..............
                                Modification,
                                CV301-0052CCJ1.
(25) Doe Run Herculaneum, MO.  Consent Judgment      5/21/07  2/17/12, 77 FR 9529..............  This approval
                                Modification         7/29/09                                      does not
                                07JE-CC00552.    modificatio                                      include any
                                                           n                                      subsequent
                                                                                                  modifications
                                                                                                  after 2009.
(26) Holcim..................  ................    April 19,  6/26/12, 77 FR 38011.............  Sec.
                                                        2009                                      52.1339(c);
                                                                                                  Limited
                                                                                                  Approval.
----------------------------------------------------------------------------------------------------------------
* St Louis County.


[[Page 293]]

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

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Applicable geographic or       State
  Name of nonregulatory SIP provision       nonattainment area     submittal date               EPA approval date                      Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Kansas City and Outstate Air        Kansas City and Outstate.         1/24/72  5/31/72, 37 FR 10875.......................
 Quality Control Regions Plan.
(2) Implementation Plan for the         St. Louis................         1/24/72  5/31/72, 37 FR 10875.......................
 Missouri portion of the St. Louis
 Interstate Air Quality Control Region.
(3) Effects of adopting Appendix B to   St. Louis................         3/27/72  5/31/72, 37 FR 10875.......................
 NO2 emissions.
(4) CO air quality data base..........  St. Louis................          5/2/72  5/31/72, 37 FR 10875.......................
(5) Budget and manpower projections...  Statewide................         2/28/72  10/28/72, 37 FR 23089......................
(6) Emergency episode manual..........  Kansas City..............         5/11/72  10/28/72, 37 FR 23089......................
(7) Amendments to Air Conservation Law  Statewide................         7/12/72  10/28/72, 37 FR 23089......................
(8) Air monitoring plan...............  Outstate.................         7/12/72  10/28/72, 37 FR 23089......................
(9) Amendments to Air Conservation Law  Statewide................          8/8/72  10/28/72, 37 FR 23089......................
(10) Transportation control strategy..  Kansas City..............  5/11/73, 5/21/  6/22/73, 38 FR 16566.......................
                                                                               73
(11) Analysis of ambient air quality    Kansas City..............         4/11/74  3/2/76, 41 FR 8962.........................
 data and recommendation to not
 designate the area as an air quality
 maintenance area.
(12) Recommendation to designate air    St. Louis, Columbia,               5/6/74  9/9/75, 40 FR 41950........................
 quality maintenance areas.              Springfield.
(13) Plan to attain the NAAQS.........  Kansas City, St. Louis...          7/2/79  4/9/80, 45 FR 24140........................  Correction notice
                                                                                                                                 published 7/11/80.
(14) Schedule for I/M program and       St. Louis................          9/9/80  3/16/81, 46 FR 16895.......................
 commitment regarding difficult
 transportation control measures
 (TCMs).
(15) Lead SIP.........................  Statewide................         9/2/80,  4/27/81, 46 FR 23412,......................  Correction notice
                                                                         2/11/81,  7/19/84, 49 FR 29218.......................   published 5/15/81.
                                                                          2/13/81
(16) Report on recommended I/M program  St. Louis................        12/16/80  8/27/81, 46 FR 43139.......................  No action was taken on
                                                                                                                                 the specific
                                                                                                                                 recommendations in the
                                                                                                                                 report.
(17) Report outlining commitments to    St. Louis................        2/12/81,  11/10/81, 46 FR 55518......................
 TCMs, analysis of TCMs, and results                                      4/28/81
 of CO dispersion modeling.
(18) 1982 CO and ozone SIP............  St. Louis................       12/23/82,  10/15/84, 49 FR 40164......................
                                                                          8/24/83
(19) Air quality monitoring plan......  Statewide................          6/6/84  9/27/84, 49 FR 38103.......................
(20) Vehicle I/M program..............  St. Louis................         8/27/84  8/12/85, 50 FR 32411.......................
(21) Visibility protection plan.......  Hercules Glades and Mingo          5/3/85  2/10/86, 51 FR 4916........................
                                         Wildlife Area.
(22) Plan for attaining the ozone       St. Louis................          8/1/85  9/3/86, 51 FR 31328........................
 standard by December 31, 1987.
(23) PM10 plan........................  Statewide................        3/29/88,  7/31/89, 54 FR 31524.......................
                                                                          6/15/88

[[Page 294]]

 
(24) Construction permit fees           Statewide................        1/24/89,  1/9/90, 55 FR 735..........................
 including Chapter 643 RSMo.                                              9/27/89
(25) PSD NOx requirements including a   Statewide................          7/9/90  3/5/91, 56 FR 9172.........................
 letter from the State pertaining to
 the rules and analysis.
(26) Lead plan........................  Herculaneum..............         9/6/90,  3/6/92, 57 FR 8076.........................
                                                                           5/8/91
(27) Ozone maintenance plan...........  Kansas City..............         10/9/91  6/23/92, 57 FR 27939.......................
(28) Small business assistance plan...  Statewide................         3/10/93  10/26/93, 58 FR 57563......................
(29) Part D Lead plan.................  Herculaneum..............         7/2/93,  5/5/95, 60 FR 22274........................
                                                                         6/30/94,
                                                                         11/23/94
(30) Intermediate permitting program    Statewide................        3/31/94,  9/25/95, 60 FR 49340.......................
 including three letters pertaining to                                   11/7/94,
 authority to limit potential to emit                                    10/3/94,
 hazardous air pollutants.                                                2/10/95
(31) Part D lead plan.................  Bixby....................         7/2/93,  8/4/95, 60 FR 39851........................
                                                                          6/30/94
(32) Transportation conformity plans    St. Louis, Kansas City...         2/14/95  2/29/96, 61 FR 7711........................
 including a policy agreement and a
 letter committing to implement the
 State rule consistent with the
 Federal transportation conformity
 rule.
(33) Emissions inventory update         Kansas City..............         4/12/95  4/25/96, 61 FR 18251.......................
 including a motor vehicle emissions
 budget.
(34) Part D Lead Plan.................  Glover...................         8/14/96  3/5/97, 62 FR 9970.........................
(35) CO Maintenance Plan..............  St. Louis................        6/13/97,  1/26/99, 64 FR 3855........................
                                                                          6/15/98
(36) 1990 Base Year Inventory.........  St. Louis................         1/20/95  2/17/00, 65 FR 8063........................
(37) 15% Rate-of-Progress Plan........  St. Louis................        11/12/99  5/18/00, 65 FR 31489.......................
(38) Implementation plan for the        St. Louis................        11/12/99  5/18/00, 65 FR 31482.......................
 Missouri inspection maintenance
 program.
(39) Doe Run Resource Recycling         Dent Township in Iron             5/17/00  10/18/00, 65 FR 62298......................
 Facility near Buick, MO.                County.
(40) Commitments with respect to        Statewide................          8/8/00  12/28/00, 65 FR 82288......................
 implementation of rule 10 CSR 10-
 6.350, Emissions Limitations and
 Emissions Trading of Oxides of
 Nitrogen.
(41) Contingency Plan including letter  St. Louis................        10/6/97,  6/26/01, 66 FR 34011.......................
 of April 5, 2001.                                                         4/5/01
(42) Ozone 1-Hour Standard Attainment   St. Louis................  11/10/99, 11/2/ 6/26/01, 66 FR 34011.......................
 Demonstration Plan for November 2004                                         00,
 including 2004 On-Road Motor Vehicle                                    2/28/01,
 Emissions Budgets.                                                        3/7/01

[[Page 295]]

 
(43) Doe Run Resources Corporation      Herculaneum, MO..........          1/9/01  4/16/02, 67 FR 18502.......................  The SIP was reviewed and
 Primary lead Smelter, 2000 Revision                                                                                             approved by EPA on 1/11/
 of Lead SIP.                                                                                                                    01.
(44) Doe Run Resources Corporation      Glover, MO...............         6/15/01  4/16/02, 67 FR 18502.......................  The SIP was reviewed and
 Primary Lead Smelter, 2000 Revision                                                                                             approved by EPA on 6/26/
 of Lead SIP.                                                                                                                    01.
(45) Maintenance Plan for the Missouri  St. Louis................         12/6/02  5/12/03, 68 FR 25442.......................
 Portion of the St. Louis Ozone
 Nonattainment Area including 2014 On-
 Road Motor Vehicle Emission Budgets.
(46) Maintenance Plan for the 1-hour    Kansas City..............        12/17/02  1/13/04, 69 FR 1923........................
 ozone standard in the Missouri
 portion of the Kansas City
 maintenance area for the second ten-
 year period.
(47) Vehicle I/M Program..............  St. Louis................         10/1/03  5/13/04, 69 FR 26506.......................
(48) Revised Maintenance Plan of Doe    Dent Township in Iron             4/29/03  8/24/04, 69 FR 51953.......................  Furnace daily throughput
 Run Resource Recycling Facility near    County.                                                                                 limits required to be
 Buick, MO.                                                                                                                      consistent with rule 10
                                                                                                                                 CSR 10-6.120. Annual
                                                                                                                                 production cap in Doe
                                                                                                                                 Run construction permit
                                                                                                                                 not affected by this
                                                                                                                                 rulemaking.
(49) Lead Maintenance Plan............  Iron County (part) within         1/26/04  10/29/04, 69 FR 63072......................
                                         boundaries of Liberty
                                         and Arcadia Townships.
(50) Revision to Maintenance Plan for   Kansas City..............        10/28/05  6/26/06, 71 FR 36210.......................
 the 1-hour ozone standard in the
 Missouri portion of the Kansas City
 maintenance area for the second ten-
 year period.
(51) CAA 110(a)(2)(D)(i) SIP--          Statewide................         2/27/07  5/8/07, 72 FR 25085........................
 Interstate Transport.
(52) Submittal of the 2002 Base Year    St. Louis................         6/15/06  5/31/07, 72 FR 30272.......................
 Inventory for the Missouri Portion of
 the St. Louis 8-hour ozone
 nonattainment area and Emissions
 Statement SIP.
(53) Maintenance Plan for the 8-hour    Kansas City..............         5/23/07  8/9/07, 72 FR 44778........................  This plan replaces
 ozone standard in the Missouri                                                                                                  numbers (46) and (50).
 portion of the Kansas City area.
(54) Section 110(a)(2) Infrastructure   Statewide................      02/27/2007  07/11/2011, 76 FR 40621....................  This action addresses
 Requirements for the 1997 8-Hour                                                                                                the following CAA
 Ozone NAAQS.                                                                                                                    elements, as
                                                                                                                                 applicable:
                                                                                                                                 110(a)(2)(A), (B), (C),
                                                                                                                                 (D)(ii), (E), (F), (G),
                                                                                                                                 (H), (J), (K), (L), and
                                                                                                                                 (M).

[[Page 296]]

 
(55) VOC RACT Requirements for the 8-   St. Louis................      1/17/2007,  1/23/2012, 67 FR 3146......................  We are conditionally
 hour ozone NAAQS.                                                      6/01/2011                                                approving this SIP
                                                                                                                                 revision based on
                                                                                                                                 Missouri's commitment
                                                                                                                                 to submit a SIP to
                                                                                                                                 address the solvent
                                                                                                                                 cleaning CTG no later
                                                                                                                                 than December 31, 2012.
(56) CAA Section 110(a)(2) SIP--1978    City of Herculaneum, MO..         7/29/09  2/17/12, 77 FR 9529........................  ........................
 Pb NAAQS.
(57) Regional Haze Plan for the first   Statewide................         8/5/09,  6/26/12, 77 FR 38011.......................  Sec. 52.1339(c);
 implementation period.                                            supplemented 1/                                               Limited Approval.
                                                                            30/12
--------------------------------------------------------------------------------------------------------------------------------------------------------


[64 FR 34719, June 29, 1999]

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

    Effective Date Note: At 78 FR 37461, June 21, 2013, Sec. 52.1320 
was amended in paragraph (c), in the table, by adding a new Chapter 1 
heading in numerical order, adding a new entry 10-1.020 (1) and (2), and 
revising the entry for 10-6.060, and paragraph (e) is amended by adding 
new entries (58), (59) and (60) in numerical order at the end of the 
table, effective July 22, 2013, For the convenience of the user, the 
added and revised text is set forth as follows:



Sec. 52.1320  Identification of plan.

                                * * * * *

    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
       Missouri citation                Title         effective    EPA approval date          Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
                                             Chapter 1--Organization
----------------------------------------------------------------------------------------------------------------
10-1.020 (1) and (2)...........  Commission Voting     7/30/1998  6/21/2013, 78 FR
                                  and Meeting                      37457.
                                  Procedures.
 
                                                  * * * * * * *
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10-6.060.......................  Construction          9/30/2012  6/21/2013, 78 FR    Provisions of the 2010
                                  Permits Required.                37457.              PM2.5 PSD--Increments,
                                                                                       SILs and SMCs rule (75 FR
                                                                                       64865, October 20, 2010)
                                                                                       relating to SILs and SMCs
                                                                                       that were affected by the
                                                                                       January 22, 2013 U.S.
                                                                                       Court of Appeals decision
                                                                                       are not SIP approved.
                                                                                      Provisions of the 2002 NSR
                                                                                       reform rule relating to
                                                                                       the Clean Unit Exemption,
                                                                                       Pollution Control
                                                                                       Projects, and exemption
                                                                                       from recordkeeping
                                                                                       provisions for certain
                                                                                       sources using the actual-
                                                                                       to-projected-actual
                                                                                       emissions projections
                                                                                       test are not SIP
                                                                                       approved.

[[Page 297]]

 
                                                                                      In addition, we have not
                                                                                       approved Missouri's rule
                                                                                       incorporating EPA's 2007
                                                                                       revision of the
                                                                                       definition of ``chemical
                                                                                       processing plants'' (the
                                                                                       ``Ethanol Rule,'' 72 FR
                                                                                       24060 (May 1, 2007) or
                                                                                       EPA's 2008 ``fugitive
                                                                                       emissions rule,'' 73 FR
                                                                                       77882 (December 19,
                                                                                       2008).
                                                                                      Although exemptions
                                                                                       previously listed in 10
                                                                                       CSR 10-6.060 have been
                                                                                       transferred to 10 CSR 10-
                                                                                       6.061, the Federally-
                                                                                       approved SIP continues to
                                                                                       include the following
                                                                                       exemption, ``Livestock
                                                                                       and livestock handling
                                                                                       systems from which the
                                                                                       only potential
                                                                                       contaminant is odorous
                                                                                       gas.''
                                                                                      Section 9, pertaining to
                                                                                       hazardous air pollutants,
                                                                                       is not SIP approved.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *



Sec. 52.1320  Identification of plan.

                                * * * * *

    (e)* * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable         State
   Name of non-regulatory SIP       geographic or     submittal    EPA approval date          Explanation
            revision             nonattainment area      date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(58) Section 110(a)(2)           Statewide.........    2/27/2007  6/21/2013, 78 FR    This action addresses the
 Infrastructure Requirements                                       37457.              following CAA elements:
 for the 1997 PM2.5 NAAQS.                                                             110(a)(2)(A), (B), (C),
                                                                                       (D)(i)(II) prongs 3 and
                                                                                       4, (D)(ii), (E), (F),
                                                                                       (G), (H), (J), (K), (L),
                                                                                       and (M).
(59) Section 110(a)(2)           Statewide.........   12/28/2009  6/21/2013, 78 FR    This action addresses the
 Infrastructure Requirements                                       37457.              following CAA elements:
 for the 2006 PM2.5 NAAQS.                                                             110(a)(2)(A), (B), (C),
                                                                                       (D)(i)(II) prongs 3 and
                                                                                       4, (D)(ii), (E), (F),
                                                                                       (G), (H), (J), (K), (L),
                                                                                       and (M).
(60) Section 128 Declaration:    Statewide.........    8/08/2012  6/21/2013, 78 FR
 Missouri Air Conservation                                         37457.
 Commission Representation and
 Conflicts of Interest
 Provisions; Missouri Revised
 Statutes (RSMo) RSMo 105.450,
 RSMo 105.452, RSMo 105.454,
 RSMo 105.462, RSMo 105.463,
 RSMo 105.466, RSMo 105.472,
 and RSMo 643.040.2.
----------------------------------------------------------------------------------------------------------------


[[Page 298]]



Sec. 52.1321  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Kansas City Interstate..................           I        III       III         I             I
Southwest Missouri Intrastate........................           I        III       III       III           III
Southeast Missouri Intrastate........................         III        III       III       III           III
Northern Missouri Intrastate.........................          II        III       III       III           III
Metropolitan St. Louis Interstate....................           I          I       III         I             I
----------------------------------------------------------------------------------------------------------------


[37 FR 10875, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.1322  Original Identification of Plan Section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Missouri'' and all revisions submitted by Missouri that 
were Federally approved prior to July 1, 1999.
    (b) The plans were officially submitted on January 24, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Budget and manpower projections were submitted by the State Air 
Conservation Commission (ACC) on February 28, 1972. (Non-regulatory)
    (2) A memorandum from the State Air Conservation Commission 
concerning the effects of adopting Appendix B to NO2 
emissions in the St. Louis area was submitted on March 27, 1972. (Non-
regulatory)
    (3) The determination of the CO air quality data base on the St. 
Louis area was submitted on May 2, 1972, by the Air Conservation 
Commission. (Non- regulatory)
    (4) The emergency episode operations/communications manual for the 
Kansas City area was submitted on May 11, 1972, by the State Air 
Conservation Commission. (Non-regulatory)
    (5) Amendments to the Air Conservation Law, Chapter 203, and plans 
for air monitoring for outstate Missouri were submitted July 12, 1972, 
by the Air Conservation Commission.
    (6) The following amendments to the St. Louis and Kansas City 
outstate plans were submitted August 8, 1972, by the State ACC: Air 
Conservation Law, Chapter 203; Kansas City Ordinance, Chapter 18; 
Regulations XVIII, XX, XXVI (St. Louis); Regulations X, XII, XVII 
(Kansas City) and Regulations S-11, S-X111 and S-X11 (outstate).
    (7) Letters discussing transportation control strategy for Kansas 
City Interstate AQCR submitted by the State ACC on May 11 and 21, 1973. 
(Non-regulatory)
    (8) Alert plan for St. Louis County and outstate Missouri was 
submitted on May 24, 1973, by the ACC. (Regulatory)
    (9) Copy of the State's analysis of ambient air quality in the 
Missouri portion of the Metropolitan Kansas City Interstate Air Quality 
Control Region and recommendation that the area not be designated as an 
Air Quality Maintenance Area submitted by the Missouri Air Conservation 
Commission on April 11, 1974. (Non-regulatory)
    (10) Copy of the State's analysis of the Missouri portion of the 
Metropolitan St. Louis Interstate Standard Metropolitan Statistical Area 
(SMSA), the Columbia SMSA and the Springfield SMSA and recommendations 
for the designation of Air Quality Maintenance Areas submitted by the 
Missouri Air Conservation Commission on May 6, 1974. (Non-regulatory)
    (11) Compliance Schedules were submitted by the Missouri Air 
Conservation Commission on June 3 and October 1, 1976.
    (12) Compliance Schedules were submitted by the Missouri Air 
Conservation Commission on November 23, 1976.

[[Page 299]]

    (13) On August 28, 1978, the following revisions were submitted by 
the Missouri Department of Natural Resources:
    (i) The recodification of Missouri regulations of July 1, 1976, now 
contained in Title 10, Division 10 of the Code of State Regulations.
    (ii) Title 10, Division 10, Chapter 6 of the Code of State 
Regulations which contains air quality standards, definitions, and 
reference methods.
    (iii) Missouri Rule 10 CSR 10-2.200; Rule 10 CSR 10-3.150; and Rule 
10 CSR 10-4.190 pertaining to control of SO2 from indirect 
heating sources.
    (iv) Missouri Rule 10 CSR 10-2.030; Rule 10 CSR 10-3.050; Rule 10 
CSR 10-4.030; and 10 CSR 10-5.050 exempting certain process sources from 
the process weight regulations for particulate matter.
    (v) Missouri Rule 10 CSR 10-2.190; Rule 10 CSR 10-3.140; Rule 10 CSR 
10-4.180; and Rule 10 CSR 10-5.280 which contain the ``Standards of 
Performance for New Stationary Sources,'' found at 40 CFR part 60 as in 
effect on January 18, 1975.
    (vi) Missouri Rule 10 CSR 10-2.060; Rule 10 CSR 10-3.080; Rule 10 
CSR 10-4.060; and Rule 10 CSR 10-5.090 which require continuous opacity 
monitors for certain sources.
    (vii) Missouri Rule 10 CSR 10-5.140 for determining settlable acid 
and alkaline mists is rescinded.
    (viii) The EPA is taking no action on Rule 10 CSR 10-5.100; 10 CSR 
10-2.050, and 10 CSR 10-3.070 which limit fugitive particulate emissions 
from the handling, transporting and storage of materials in the State of 
Missouri.
    (14) On March 12, 1979, the Missouri Department of Natural Resources 
submitted Rule 10 CSR 10-3.100 and Rule 10 CSR 10-5.150 establishing 
revised SO2 emission limits for primary lead smelters.
    (15) On March 1, 1979, the Missouri Department of Natural Resources 
submitted a revision of regulation 10 CSR 10-5.110 revising the 
allowable emission rates of sulfur dioxide from Union Electric's Sioux 
and Labadie power plants.
    (16) On July 2, 1979, the State of Missouri submitted a plan to 
attain the National Ambient Air Quality Standards for the Kansas City 
and St. Louis areas of the state designated nonattainment under section 
107 of the Clean Air Act, as amended in 1977. Included in the plan are 
the following approved regulations as amended, in part, in subsequent 
submittals:
    (i) Rule 10 CSR 10-2.210 and 10 CSR 10-5.300 Control of Emissions 
from Solvent Metal Cleaning are approved as RACT;
    (ii) Rule 10 CSR 10-2.220 and 10 CSR 10-5.310 Liquified Cutback 
Asphalt Paving Restriated are approved as RACT;
    (iii) Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage, 
Loading and Transfer (St. Louis) is approved as RACT.
    (iv) Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage, 
Loading and Transfer (Kansas City) is approved as RACT;
    (v) Rule 10 CSR 10-5.030 Maximum Allowable Emission of Particulate 
Matter from Fuel Burning Equipment Used for Indirect Heating is approved 
as RACT;
    (vi) Rule 10 CSR 10-5.090 Restriction of Emission of Visible Air 
Contaminants is approved as RACT;
    (vii) Rule 10 CSR 10-5.290 More Restrictive Emission Limitations for 
Sulfur Dioxide and Particulate Matter in South St. Louis is approved as 
RACT;
    (viii) Rule 10 CSR 10-2.040 Maximum Allowable Emission of 
Particulate Matter from Fuel Burning Equipment Used for Indirect Heating 
is approved as RACT;
    (ix) Rule 10 CSR 10-2.240 Restriction of Emissions of Volatile 
Organic Compounds from Petroleum Refinery Sources is approved as RACT;
    (x) Rule 10 CSR 10-2.250 Control of Volatile Leaks from Petroleum 
Refinery Equipment is approved as RACT; and
    (xi) Rule 10 CSR 10-2.230 and 10 CSR 10-5.330 Control of Emissions 
from Industrial Surface Coating Operations is approved as RACT.
    (17) On July 2, 1979, the Missouri Department of Natural Resources 
submitted variances (compliance schedules) for Union Electric Company's 
Labadie power plant, River Cement Company, and Monsanto Company's Queeny 
plant. The compliance schedules require these sources to comply

[[Page 300]]

with revised Rule 10 CSR 10-5.090. In addition, the Labadie power plant 
is required to come into compliance with Rule 10 CSR 10-5.030.
    (18) On April 7, 1980 the State of Missouri submitted plan revisions 
for the review and permitting of sources of air pollutant emissions in 
nonattainment areas. Included in the plan are Missouri regulations 10 
CSR 10-6.020, Definitions, and 10 CFR 10-6.060, Permits Required, as 
amended, in part, in subsequent submittals, which are approved as 
meeting the requirements of sections 172(b)(6), 172(b)(11)(A) and 173.
    (19) On July 2, 1979, the Missouri Department of Natural Resources 
submitted the variance for the University of Missouri power plant.
    (20) On March 11, 1977 the Missouri Department of Natural Resources 
submitted a variance for Noranda Aluminum.
    (21) On June 25, 1979 the Missouri Department of Natural Resources 
submitted a variance for Associated Electric Cooperative in New Madrid.
    (22) On April 25, 1979, the Missouri Department of Natural Resources 
submitted the variance for the Union Electric Company's Meramec power 
plant.
    (23) Revisions to Rule 10 CSR 10-2.260 Control of Petroleum Liquid 
Storage, Loading and Transfer (Kansas City), submitted on September 5, 
1980, amending the vapor pressure limit in Section 2(A) and amending the 
limit on gasoline loading in Section 3(B)(1), are approved as RACT.
    (24) A schedule for an inspection and maintenance program in St. 
Louis and a commitment by the East-West Gateway Coordinating Council 
regarding difficult transportation control measures, submitted on 
September 9, 1980.
    (25) On September 5, 1980, the State of Missouri submitted new 
regulations and amendments to existing regulations to control emissions 
of volatile organic compounds in the St. Louis and Kansas City ozone 
nonattainment areas. Included in the plan revision are the following 
approved regulations as amended, in part, in subsequent submittals:
    (i) Amendments to Rule 10 CSR 10-2.230 and to Rule 10 CSR 10-5.330, 
Control of Emissions from Industrial Surface Coating Operations, are 
approved as RACT;
    (ii) Amendments to Rule 10 CSR 10-2.260 and to Rule 10 CSR 10-5.220, 
Control of Petroleum Liquid Storage, Loading and Transfer, are approved 
as RACT;
    (iii) Amendments to Rule 10 CSR 10-6.020, Definitions, and to Rule 
10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, and to Rule 
10 CSR 10-6.040, Reference Methods, are approved as RACT;
    (iv) Rule 10 CSR 10-2.280 and Rule 10 CSR 10-5.320, Control of 
Emissions from Perchloroethylene Dry Cleaning Installations, are 
approved as RACT;
    (v) Rule 10 CSR 10-2.290, Control of Emissions from Rotogravure and 
Flexographic Printing Facilities, is approved as RACT;
    (vi) Rule 10 CSR 10-5.350, Control of Emissions from the Manufacture 
of Synthesized Pharmaceutical Products, is approved as RACT;
    (vii) Rule 10 CSR 10-5.340, Control of Emissions from Rotogravure 
and Flexographic Printing Facilities is approved as RACT.
    (26) On September 2, 1980, the Missouri Department of Natural 
Resources submitted the State Implementation Plan for Lead. On February 
11 and 13, 1981, the Missouri Department of Natural Resources submitted 
two letters containing additional information concerning the State 
Implementation Plan for Lead.
    (27) On September 5, 1980, the state of Missouri submitted a plan 
revision which involved provisions for start-up, shutdown, and 
malfunction conditions. Included in the plan are new Missouri Rule 10 
CSR 10-6.050, Start-up Shutdown, and MalfunctionConditions; and 
revisions to Rule 10 CSR 10-6.020, Defintions and Amended Start-up, 
Shutdown and Malfunction Provisions in Rules 10 CSR 10-2.030, 10-3.050, 
10-3.060, 10-3.080, 10-4.030, 10-4.040, and 10-5.050.
    (28) Revisions to Rule 10 CSR 10-6.060 Permits Required, submitted 
on April 7, 1981.
    (29) A revision to Rule 10 CSR 10-5.220 Control of Petroleum Liquid 
Storage, Loading and Transfer (St. Louis), submitted on April 14, 1981, 
amending the

[[Page 301]]

emission limit in Section 3, is approved as RACT.
    (30) A report on the recommended type of I/M program, stringency 
factor, vehicle test mix, and program resources and justification, 
submitted on December 16, 1980, is approved as meeting the applicable 
condition on the SIP. No action is being taken with respect to the 
approvability of the specific recommendation sin the report.
    (31) A report from the East-West Gateway Coordinating Council 
outlining commitments to transportation control measures, an analysis of 
those measures, and the results of the carbon monoxide dispersion 
modeling, submitted on February 12 and April 28, 1981, is approved as 
meeting the applicable condition on the SIP.
    (32) A variance from Missouri Rule 10 CSR 10-3.050 Restriction of 
Emission of Particulate Matter From Industrial Processes, for St. Joe 
Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the 
Missouri Department of Natural Resources on May 6, 1981 with 
supplementary information submitted on June 22 and July 28, 1981.
    (33) On September 5, 1980, the Missouri Department of Natural 
Resources submitted a revision of Missouri Rule 10 CSR 10-3.050, 
Restriction of Emission of Particulate Matter from Industrial Processes, 
which exempts existing Missouri type charcoal kilns from the rule.
    (34) A variance from Missouri Rules 10 CSR 10-3.060, Maximum 
Allowable Emissions of Particulate Matter from Fuel Burning Equipment 
Used for Indirect Heating, and 10 CSR 10-3.080, Restriction of Emission 
of Visible Air Contaminants, was submitted by the Missouri Department of 
Natural Resources on August 12, 1981.
    (35) A variance from Missouri Rule 10 CSR 10-2.260, Control of 
Petroleum Liquid Storage, Loading and Transfer for the Kansas City 
Metropolitan Area, was submitted by the Missouri Department of Natural 
Resources on June 11, 1981.
    (36) Revisions to Rule 10 CSR 10-5.340, Control of Emissions from 
Rotogravure and Flexographic Printing Facilities, submitted on April 15, 
1982, are approved as RACT.
    (37) On April 15, 1982, the State of Missouri submitted a new Rule 
10 CSR 10-6.060, Permits Required, and Amendments to Rule 10 CSR 
10.6020, Definitions, involving the review and permitting of new sources 
of air pollution. Included in the plan are provisions relating to the 
attainment area (PSD) new source review. The plan also includes new 
source review provisions of nonattainment areas in the State.
    (38) Revisions to Rules 10 CSR 10-2.280 (Kansas City) and 10 CSR 10-
5.320 (St. Louis), both entitled Control of Emissions from 
Perchloroethylene Dry Cleaning Installations, and 10 CSR 10-5.290, More 
Restrictive Emission Limitations for Sulfur Dioxide and Particulate 
Matter in the South St. Louis Area, submitted on July 13, 1982, are 
approved.
    (39) [Reserved]
    (40) The 1982 carbon monoxide and ozone state implementation plan 
revisions were submitted by the Department of Natural Resources on 
December 23, 1982. A revised version of the 1982 carbon monoxide and 
ozone plan was submitted by the Department of Natural Resources on 
August 24, 1983. This version contained updated inventories, attainment 
demonstrations and schedules to adopt rules. The submission included new 
rule 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing 
Operations. (No action was taken with respect to provisions dealing with 
control strategy demonstration, reasonable further progress and 
inspection and maintenance of motor vehicles.)
    (41) Revised rule 10 CSR 10-1.010, General Organization, was 
submitted by the Missouri Department of Natural Resources on December 
30, 1982.
    (42) [Reserved]
    (43) On March 26, 1984, the Missouri Department of Natural Resources 
submitted a revision to the September 2, 1980, lead State Implementation 
Plan pertaining to item 4 of the consent order for the St. Joe Lead 
Company. The revision consists of a substitution of equivalent control 
measures for item 4.
    (44) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of 
Emission of Particulate Matter from Industrial

[[Page 302]]

Processes, for the St. Joe Minerals Corporation, Pea Ridge Iron Ore 
facility, was submitted by the Missouri Department of Natural Resources 
on July 1, 1983.
    (45) The Missouri Department of Natural Resources submitted 
revisions to regulations 10 CSR 10-2.100, 3.030, 4.090, and 5.070 
requiring operating permits for open burning of untreated wood waste at 
solid waste disposal and processing installations effective April 12, 
1984.
    (46) On June 6, 1984, the Missouri Department of Natural Resources 
submitted the Air Quality Monitoring State Implementation Plan.
    (47) In a letter dated August 14, 1984, the Missouri Department of 
Natural Resources submitted the rules, 10 CSR 10-6.030, Sampling Methods 
for Air Pollution Sources, and 10 CSR 10-6.040, Reference Methods.
    (48) Revised rules 10 CSR 10-2.040, 3.060, 4.040 and 5.030 all 
entitled ``Maximum Allowable Emission of Particulate Matter from Fuel 
Burning Equipment Used for Indirect Heating'' were submitted September 
24, 1984, by the Department of Natural Resources.
    (49) On October 5, 1984, the Missouri Department of Natural 
Resources submitted a revision to the September 2, 1980, lead State 
Implementation Plan pertaining to item 6 of the Consent Order for the 
AMAX Lead Company. The revision consists of a substitution of equivalent 
control measures for item 6.
    (50) The Missouri Department of Natural Resources submitted an 
amendment to Rule 10 CSR 10-5.330 ``Control of Emissions from Industrial 
Surface Coating Operations,'' limiting emissions from surface coating of 
plastic parts and new Rule 10 CSR 10-5.370 ``Control of Emissions from 
the Application of Deadeners and Adhesives'' on January 24, 1984; and 
new Rule 10 CSR 10-5.390, ``Control of Emissions from Manufacture of 
Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating 
Products'' and an amendment to 10 CSR 10-6.020, ``Definitions'' on April 
10, 1984. (Approval action was deferred on 10 CSR 10-5.370.)
    (51) The motor vehicle inspection and maintenance program for the 
St. Louis area was submitted August 27, 1984, by the Department of 
Natural Resources.
    (i) Incorporation by reference.
    (A) Amendment to Regulations 10 CSR 10-5.380, ``Motor Vehicle 
Emissions Inspections'', published in the Missouri Register January 3, 
1982;
    (B) Missouri Revised Statutes, Sections 307.350 through 307.395, 
``Motor Vehicle Safety Inspection'', as revised September 1983;
    (C) Regulations 11 CSR 50-2.010 through 11 CSR 50-2.410, ``Missouri 
Motor Vehicle Inspection Regulations'', as revised July 1, 1982.
    (ii) Additional material.
    (A) I/M Implementation Schedule.
    (B) Highway Patrol Forms.
    (C) Missouri Certified Emission Analyzers.
    (D) Missouri Department of Revenue Policy.
    (E) Highway Patrol QC Manual.
    (F) EPA Approval of RACT Compliance.
    (G) Public Awareness Materials.
    (52) [Reserved]
    (53) A rule requiring sources to keep records and report data and 
requiring emission data to be made public was submitted January 22, 
1985, by the Department of Natural Resources. This rule replaces 
previous rules 10 CSR 10-2.130, 3.130, 4.120, and 5.210, all entitled 
``Submission of Emission Information'' which were approved as parts of 
the State Implementation Plan; and previous rules 10 CSR 10-2.180, 
3.120, 4.170, and 5.270, all entitled ``Public Availability of Emission 
Data'' which were not approved prior to the submission of this 
replacement rule.
    (i) Incorporation by reference. A new regulation 10 CSR 10-6.110 
published in the Missouri Register November 1, 1984.
    (54) A new rule, Controlling Emissions During Episodes of High Air 
Pollution Potential, was submitted by the Department of Natural 
Resources on January 22, 1985.
    (i) Incorporation by reference. 10 CSR 10-6.130, Controlling 
Emissions During Episodes of High Air Pollution Potential, adopted by 
the Missouri Air Conservation Commission and effective on October 11, 
1984.
    (ii) Additional material. The State has rescinded rules 10 CSR 10-
2.170, 3.110, 4.160, and 5.260, all entitled

[[Page 303]]

``Rules for Controlling Emission During Periods of High Air Pollution 
Potential.''
    (55) [Reserved]
    (56) The Missouri Department of Natural Resources submitted the 
Protection of Visibility Plan, 1985, on May 3, 1985.
    (i) Incorporation by reference.
    (A) Amendments to Missouri Rule 10 CSR 10-6.020, Definitions, and 
Rule 10 CSR 10-6.060, Permits Required. These Amendments were adopted by 
the Missouri Air Conservation Commission and became effective on May 11, 
1985.
    (ii) Additional material.
    (A) Narrative description of visibility new source review program 
for Class I areas in Missouri.
    (B) Visibility monitoring plan for Class I areas in Missouri.
    (57) On July 1, 1985, the Missouri Department of Natural Resources 
submitted amendments to Rules 10 CSR 10-5.220 for the St. Louis 
Metropolitan Area, and 10 CSR 10-2.260 for the Kansas City Metropolitan 
Area. The amendments require bulk gasoline plants to be equipped with a 
vapor recovery system if their monthly throughput is greater than the 
exemption level.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.220, and 10 CSR 10-2.260, Control of Emissions from 
Petroleum Liquid Storage, Loading, and Transfer, as published in the 
Missouri Register on May 1, 1985.
    (58) A plan revision demonstrating that the ozone standard will be 
attained in the St. Louis ozone nonattainment area by December 31, 1987, 
was submitted by the Department of Natural Resources on August 1, 1985.
    (i) Incorporation by reference.
    (A) An agreement and variance modification order dated July 18, 
1985, signed by the Missouri Air Conservation Commission and the General 
Motors (GM) Corporation requiring that the GM St. Louis assembly plant 
meet interim emission limitations and comply with the SIP by shutdown by 
December 31, 1987.
    (ii) Additional material.
    (A) A revised and corrected emission inventory for base year 1980.
    (B) A revised projected year 1987 inventory demonstrating that the 
additional emission reductions from two new regulations and one plant 
shutdown, in addition to reductions already required, will be adequate 
to reduce ambient ozone concentrations to the National Ambient Air 
Quality Standard for ozone.
    (59) A new rule, Control of Emissions from the Production of Maleic 
Anhydride, was submitted by the Department of Natural Resources on 
January 21, 1986.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.400, Control of Emissions from the Production of 
Maleic Anhydride, adopted by the Missouri Air Conservation Commission 
and effective on October 26, 1985.
    (60) A plan revision to correct motor vehicle inspection and 
maintenance testing deficiencies was submitted by the Department of 
Natural Resources on December 29, 1987.
    (i) Incorporation by reference.
    (A) Regulations 11 CSR 50-2.370 and 11 CSR 50-2.400, effective June 
25, 1987.
    (61) On June 9, 1986, the state of Missouri submitted an amendment 
to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, 
and Transfer. This amendment requires the control of volatile organic 
compound emissions from the refueling of motor vehicles in the St. Louis 
Metropolitan Area.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, 
and Transfer, revised paragraphs 4, 5, 6, 7, 8, and 9, published in the 
Missouri Register on May 1, 1985.
    (62) A new rule, Control of Equipment Leaks from Synthetic Organic 
Chemical and Polymer Manufacturing Plants, was submitted by the 
Department of Natural Resources on November 19, 1986.
    (i) Incorporation by reference, 10 CSR 10-5.420, Control of 
Equipment Leaks from Synthetic Organic Chemical and Polymer 
Manufacturing Plants, effective on September 26, 1986.
    (63) An amendment to the rule, Restriction of Emissions of Sulfur 
Compounds, was submitted by the Department of Natural Resources on 
November 19, 1986.
    (i) Incorporation by reference.
    (A) Amended Regulation 10 CSR 10-3.100, Restriction of Emission of 
Sulfur

[[Page 304]]

Compounds adopted October 16, 1986, and effective on November 28, 1986.
    (64) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of 
Emission of Particulate Matter from Industrial Processes, for the St. 
Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by 
the Missouri Department of Natural Resources on October 22, 1987.
    (i) Incorporation by reference.
    (A) Variance order modification dated May 21, 1987, issued to St. 
Joe Minerals Corporation allowing certain equipment at its Pea Ridge 
Iron Ore facility to operate beyond the limitations specified in Rule 10 
CSR 10-3.050, Restriction of emissions of Particulate Matter from 
Industrial Processes, for outstate Missouri area, effective May 21, 
1987.
    (65) Revised regulations for the control of volatile organic 
compound emissions in the Kansas City area were submitted by the 
Missouri Department of Natural Resources on May 21, 1986, and December 
18, 1987. The May 21, 1986, submittal also included anozone attainment 
demonstration for Kansas City, which will be addressed in a future 
action.
    (i) Incorporation by reference.
    (A) Revision to Rule 10 CSR 10-2.260, Control of Emissions from 
Petroleum Liquid Storage, Loading, and Transfer, effective May 29, 1986, 
with amendments effective December 24, 1987.
    (B) New Rule 10 CSR 10-2.300, Control of Emissions from the 
Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied 
Surface Coating Products, effective December 12, 1987.
    (C) New Rules 10 CSR 10-2.310, Control of Emissions from the 
Application of Automotive Underbody Deadeners, and 10 CSR 10-2.320, 
Control of Emissions from Production of Pesticides and Herbicides, 
effective November 23, 1987.
    (D) Rescinded Rules 10 CSR 10-2.240, Control of Emissions of 
Volatile Organic Compounds from Petroleum Refinery Equipment, and 10 CSR 
10-2.250, Control of Volatile Leaks from Petroleum Refinery Equipment, 
effective November 23, 1987.
    (E) Revision to Rule 10 CSR 10-6.030, Sampling Methods for Air 
Pollution Sources, effective November 23, 1987, with amendments 
effective December 24, 1987.
    (F) Revision to Rule 10 CSR 10-2.210, Control of Emissions from 
Solvent Metal Cleaning, effective December 12, 1987.
    (G) Revisions to Rules 10 CSR 10-2.290, Control of Emissions from 
Rotogravure and Flexographic Printing Facilities, and 10 CSR 10-6.020, 
Definitions, effective December 24, 1987.
    (66) The Missouri Department of Natural Resources submitted 
revisions to its state implementation plan to incorporate 
PM10 on March 29, 1988, May 12, 1988, and June 15, 1988.
    (i) Incorporation by reference.
    (A) Revisions to the following Missouri air pollution rules:
10 CSR 10-6.010 Ambient Air Quality Standards
10 CSR 10-6.020 Definitions
10 CSR 10-6.040 Reference Methods
10 CSR 10-6.060 Permits Required
10 CSR 10-6.130 Controlling Emissions During Episodes of High Air 
    Pollution Potential
    These rules were published in the Missouri Register on April 18, 
1988, and became effective April 28, 1988.
    (ii) Additional material.
    (A) A revision to the Missouri Monitoring Plan was submitted March 
29, 1988.
    (B) A narrative description of the PM10 SIP for the state 
of Missouri was submitted June 15, 1988.
    (67) Plan revisions were submitted by the Missouri Department of 
Natural Resources on August 18, 1986, and October 18, 1988, which 
implement EPA's July 8, 1985, revised stack height requirements.
    (i) Incorporation by reference.
    (A) Revisions to rules 10 C.S.R. 10-6.020, Definitions, and 10 CSR 
10-6.060, Permits Required, effective May 11, 1986.
    (B) New rule 10 C.S.R. 10-6.140, Restriction of Emissions Credit for 
Reduced Pollutant Concentrations from the Use of Dispersion Techniques, 
effective May 11, 1986.
    (C) Revisions to rule 10 CSR 10-6.020, Definitions, effective August 
25, 1988.
    (68) Revised regulations applicable to air quality models were 
submitted by the Missouri Department of Natural Resources on October 18, 
1988.

[[Page 305]]

    (i) Incorporation by reference.
    (A) Revision of rule 10 CSR 10-6.060 ``Permits Required,'' effective 
on September 29, 1988.
    (69) A plan revision to change the construction permit fees was 
submitted by the Department of Natural Resources on January 24, 1989, 
and September 27, 1989.
    (i) Incorporation by reference.
    (A) Revision to 10 CSR 10-6.060, Permits Required, amended December 
19, 1988, effective January 1, 1989.
    (ii) Additional material.
    (A) Chapter 643 RSMo (House Bill Number 1187) passed by the General 
Assembly of the state of Missouri in 1988.
    (70) The Missouri Department of Natural Resources submitted 
amendments to Rule 10 CSR 10-2.230 on December 18, 1987, and December 
19, 1988. The rule controls volatile organic compound emissions from 
industrial surface coating facilities in the Kansas City area.
    (i) Incorporation by reference.
    (A) Revision to Rule 10 CSR 10-2.230, Control of Emissions from 
Industrial Surface Coating Operations, effective December 24, 1987, with 
amendments effective November 24, 1988.
    (71) Revisions to regulations for controlling volatile organic 
compound emissions in the St. Louis area were submitted by the Missouri 
Department of Natural Resources on June 14, 1985; November 19, 1986; and 
March 30, 1989.
    (i) Incorporation by reference.
    (A) New Rule 10 CSR 10-5.410, Control of Emissions from the 
Manufacture of Polystyrene Resin, effective May 11, 1985, with 
amendments effective September 26, 1986, and March 11, 1989.
    (B) Revisions to Rules 10 CSR 10-5.220, Control of Petroleum Liquid 
Storage, Loading and Transfer; 10 CSR 10-5.300, Control of Emissions 
from Solvent Metal Cleaning; 10 CSR 10-5.310, Liquefied Cutback Asphalt 
Paving Restricted; 10 CSR 10-5.320, Control of Emissions from 
Perchloroethylene Dry Cleaning Installations; 10 CSR 10-5.340, Control 
of Emissions from Rotogravure and Flexographic Printing Facilities; 10 
CSR 10-5.350, Control of Emissions of Synthesized Pharmaceutical 
Products; 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag 
Sealing Operations; 10 CSR 10-5.370, Control of Emissions from the 
Application of Deadeners and Adhesives; 10 CSR 10-5.390, Control of 
Emissions from the Manufacturing of Paints, Varnishes, Lacquers, 
Enamels, and Other Allied Surface Coating Products; 10 CSR 10-5.420, 
Control of Equipment Leaks from Synthetic Organic Chemical and Polymer 
Manufacturing Plants; and 10 CSR 6.020, Definitions; effective March 11, 
1989.
    (C) Rescinded Rule 10 CSR 10-5.400, Control of Emissions from 
Production of Maleic Anhydride, effective March 11, 1989.
    (72) The Missouri Department of Natural Resources submitted new rule 
10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating 
Operations, and amendments to rule 10 CSR 10-6.020, Definitions, on 
January 11, 1990.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-5.330, Control of Emissions from Industrial 
Surface Coating Operations, effective November 26, 1989.
    (B) Rescinded rule 10 CSR 10-5.330, Control of Emissions from 
Industrial Surface Coating Operations, effective November 26, 1989.
    (C) Revisions to rule 10 CSR 10-6.020, Definitions, effective 
November 26, 1989.
    (73) A rule revision to establish gasoline tank truck certification 
requirements in ozone nonattainment areas was submitted by the 
Department of Natural Resources on July 17, 1990.
    (i) Incorporation by reference.
    (A) Revision to rule 10 CSR 10-2.260 and 10 CSR 10-5.220 both titled 
``Control of Petroleum Liquid Storage, Loading, and Transfer'' effective 
May 24, 1990.
    (74) Revisions to the circumvention plan submitted by the Missouri 
Department of Natural Resources on September 6, 1990.
    (i) Incorporation by reference.
    (A) Rule at 10 CSR 10-6.150, Circumvention, effective November 30, 
1990.
    (B) Rescission of rules 10 CSR 10-2.140, Circumvention; CSR 10-
4.130, Circumvention; and 10 CSR 10-5.230, Circumvention, effective 
September 28, 1990.
    (75) Plan revisions were submitted by the Missouri Department of 
Natural

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Resources on September 25, 1990, which implement EPA's October 17, 1988, 
PSD NOX requirements.
    (i) Incorporation by reference
    (A) Revisions to rules 10 CSR 10-6.020 ``Definitions'' and 10 CSR 
10-6.060 ``Permits Required'' were adopted by the Missouri Air 
Conservation Commission on May 14, 1990, and became effective May 24, 
1990.
    (ii) Additional Information
    (A) Letter from the state dated November 30, 1990, pertaining to 
NOX rules and analysis which certifies that the material was 
adopted by the state on May 24, 1990.
    (76) In submittals dated September 6, 1990, and May 8, 1991, the 
Missouri Department of Natural Resources submitted a lead NAAQS 
attainment plan for the Doe Run Herculaneum primary lead smelter. 
Although Missouri rule 10 CSR 10-6.120 contains requirments which apply 
statewide to primary lead smelting operations, EPA takes action on this 
rule only insofar as it pertains to the Doe Run Herculaneum facility. 
Plan revisions to address the other lead smelters in the state are under 
development.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.120, Restriction of Emissions of Lead from 
Primary Lead Smelter-Refinery Installations, effective December 29, 
1988, with amendments effective March 14, 1991.
    (B) Consent order, entered into between the Doe Run Company and the 
Missouri Department of Natural Resources, dated March 9, 1990.
    (C) Supplemental consent order, signed by the Doe Run Company on 
July 26, 1990, and by the Missouri Department of Natural Resources on 
August 17, 1990.
    (ii) Additional material.
    (A) Narrative SIP material, submitted on September 9, 1990. This 
submittal includes the emissions inventory and attainment demonstration.
    (B) The Doe Run Herculaneum Work Practice Manual was submitted on 
May 8, 1991. In the May 8, 1991, submittal letter, the state agreed that 
any subsequent changes to the work practice manual would be submitted to 
EPA as SIP revisions.
    (77) Revisions to the state implementation plan for the Kansas City 
metropolitan area were submitted by the Director of the Missouri 
Department of Natural Resources on October 9, 1991. Revisions include a 
maintenance plan which demonstrates continued attainment of the NAAQS 
for ozone through the year 2002. Rule revisions were also submitted on 
October 9, 1991.
    (i) Incorporation by reference.
    (A) Revised regulations 10 CSR 10-6.020, Definitions, and 10 CSR 10-
2.220, Liquefied Cutback Asphalt Paving Restricted, effective August 30, 
1991; and new regulation 10 CSR 10-2.340, Control of Emissions from 
Lithographic Printing Facilities, effective December 9, 1991.
    (ii) Additional material.
    (A) State of Missouri Implementation Plan, Kansas City Metropolitan 
Area Maintenance Provisions, October 1991.
    (78) The Missouri Department of Natural Resources submitted new rule 
10 CSR 10-6.180, Measurement of Emissions of Air Contaminants, on March 
4, 1991.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.180 entitled ``Measurement of Emissions of 
Air Contaminants'' published November 19, 1990, effective December 31, 
1990.
    (79) The Missouri Department of Natural Resources submitted an 
amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-
6.030 ``Sampling Methods for Air Pollution Sources.'' On November 20, 
1991, Missouri submitted administrative amendments to rule 10 CSR 10-
6.030 which renumber and reorganize sections within that rule. Rules 
which reference the renumbered sections of 10 CSR 10-6.030 were also 
administratively amended and submitted.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 ``Sampling Methods for Air 
Pollution Sources'' effective September 30, 1991.
    (B) Administrative amendments to the sampling citations in the 
following rules which are affected by the administrative amendments to 
10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR 
10-2.230, effective

[[Page 307]]

November 24, 1988; 10 CSR 10-2.260, effective May 24, 1990; 10 CSR 10-
2.280, effective May 13, 1982; 10 CSR 10-2.290, effective December 24, 
1987; 10 CSR 10-2.300, effective December 12, 1987; 10 CSR 10-2.310, 
effective November 23, 1987; 10 CSR 10-2.320, effective November 23, 
1987; 10 CSR 10-3.160, effective December 11, 1987; 10 CSR 10-5.220, 
effective May 24, 1990; 10 CSR 10-5.300, effective March 11, 1989; 10 
CSR 10-5.320, effective March 11, 1989; 10 CSR 10-5.330, effective 
November 26, 1989; 10 CSR 10-5.350, effective March 11, 1989; 10 CSR 10-
5.360, effective March 11, 1989; 10 CSR 10-5.370, effective March 11, 
1989; 10 CSR 10-5.390, effective March 11, 1989; 10 CSR 10-5.410, 
effective March 11, 1989; 10 CSR 10-6.090, effective August 13, 1981; 
and 10 CSR 10-6.120, effective March 14, 1991.
    (80) On June 28, 1991, the Missouri Department of Natural Resources 
(MDNR) submitted revisions to the Missouri State Implementation Plan 
which pertain to the St. Louis vehicle inspection and maintenance 
program. The Missouri rules contain requirements which apply to both 
safety and emission testing; EPA takes action on these rules only 
insofar as they pertain to emissions testing.
    (i) Incorporation by reference.
    (A) New rules 11 CSR 50-2.401, General Specifications; 11 CSR 50-
2.402, Missouri Analyzer System (MAS) Software Functions; 11 CSR 50-
2.403, MAS Display and Program Requirements; 11 CSR 50-2.405, Vehicle 
Inspection Certificate, Vehicle Inspection Report and Printer Function 
Specifications; 11 CSR 50-2.406, Technical Specifications for the MAS; 
and 11 CSR 50-2.407 Documentation, Logistics and Warranty Requirements; 
(appendix A, B, C), effective June 28, 1990.
    (B) New rule 11 CSR 50-2.404, Test Record Specifications, effective 
September 28, 1990.
    (C) Amended rules 11 CSR 50-2.370 Inspection Station Licensing; 11 
CSR 50-2.410, Vehicles Failing Reinspection; and 11 CSR 50-2.420 
Procedures for Conducting Only Emission Tests; effective December 31, 
1990.
    (D) Rescinded rule 11 CSR 50-2,400, Emission Test Procedures; 
effective December 31, 1990.
    (81) The Missouri Department of Natural Resources submitted a rule 
action rescinding rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10-5.200, 
Measurement of Emissions of Air Contaminants for the Kansas City 
Metropolitan Area, Springfield-Greene County Area, and the St. Louis 
Metropolitan Area, respectively, on July 9, 1992.
    (i) Incorporation by reference.
    (A) Rescission of rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10 CSR 
10-5.200 entitled ``Measurement of Emissions of Air Contaminants'' 
rescinded April 9, 1992.
    (82) Revisions to the Missouri State Implementation Plan 
establishing a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program were submitted by the 
Director of the Missouri Department of Natural Resources on March 10, 
1993.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Program dated November 1992 and adopted February 18, 1993.
    (83) A revision to the Missouri State Implementation Plan (SIP) to 
incorporate the lead nonattainment areas into the existing new source 
review (NSR) program was submitted by the state on March 15, 1993. This 
revision changes the applicability requirements by changing the 
definition of nonattainment area in the state regulations to include 
lead nonattainment areas, and to delete the Kansas City area as a 
nonattainment area in light of its attainment of the ozone standard.
    (i) Incorporation by reference.
    (A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective 
February 26, 1993.
    (84) The Missouri Department of Natural Resources submitted rule 
revisions pertaining to rotogravure and flexographic printing facilities 
in Kansas City, Missouri, and St. Louis, Missouri; and an amendment to 
the sampling methods rule which adds a compliance test method for the 
capture efficiency of air pollution control devices. These amendments 
were submitted September 16 and September 23, 1992.
    (i) Incorporation by reference.

[[Page 308]]

    (A) Revised regulations 10 CSR 10-2.290 (except section (6), 
Compliance Dates) and 10 CSR 10-5.340 (except section (6), Compliance 
Dates), both entitled Control of Emissions from Rotogravure and 
Flexographic Printing Facilities, effective February 6, 1992.
    (B) Revised regulation 10 CSR 10-6.030 (section (20)), effective 
April 9, 1992.
    (85) [Reserved]
    (86) A revision to the Missouri SIP to revise the Missouri Part D 
new source review rules, update and add numerous definitions, revise the 
maximum allowable increase for particulate matter under the requirements 
for prevention of significant deterioration, address emission statements 
under Title I of the CAA, and generally enhance the SIP.
    (i) Incorporation by reference.
    (A) Revision to rules 10 CSR 10-6.020, Definitions and Common 
Reference Tables, effective August 30, 1995; 10 CSR 10-6.060, 
Construction Permits Required, effective August 30, 1995; 10 CSR 10-
6.110, Submission of Emission Data, Emission Fees, and Process 
Information, except section 5, effective May 9, 1994; and 10 CSR 10-
6.210, Confidential Information, effective May 9, 1994.
    (87) In submittals dated July 2, 1993; June 30, 1994; and November 
23, 1994, MDNR submitted an SIP to satisfy Federal requirements for an 
approvable nonattainment area lead SIP for the Doe Run primary smelter 
in Herculaneum, Missouri. Although Missouri rule 10 CSR 10-6.120 
contains requirements which apply statewide to primary lead smelting 
operations, EPA takes action on this rule only insofar as it pertains to 
the Doe Run Herculaneum facility. Plan revisions to address the other 
lead smelters in the state are under development.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.120 (section (1), section (2)(B), 
section (3)) entitled Restriction of Emissions of Lead From Primary Lead 
Smelter-Refinery Installations, effective August 28, 1994.
    (B) Consent Order, entered into between the Doe Run Company and 
MDNR, dated July 2, 1993.
    (C) Consent Order amendment, signed by the Doe Run Company on March 
31, 1994, and by MDNR on April 28, 1994.
    (D) Consent Order amendment, signed by the Doe Run Company on 
September 6, 1994, and by MDNR on November 23, 1994.
    (ii) Additional material.
    (A) Revisions to the Doe Run Herculaneum Work Practice Manual 
submitted on July 2, 1993.
    (B) Revisions to the Doe Run Herculaneum Work Practice Manual 
submitted on June 30, 1994.
    (88) This revision submitted by the Missouri Department of Natural 
Resources on March 31, 1994, relates to intermediate sources, and the 
EPA is not approving the basic operating permit program. This revision 
establishes a mechanism for creating federally enforceable limitations. 
Emission limitations and related provisions which are established in 
Missouri operating permits as federally enforceable conditions shall be 
enforceable by EPA. EPA reserves the right to deem permit conditions not 
federally enforceable. Such a determination will be made according to 
appropriate procedures and be based upon the permit, permit approval 
procedures, or permit requirements which do not conform with the 
operating permit program requirements or the requirements of EPA's 
underlying regulations.
    (i) Incorporation by reference.
    (A) 10 C.S.R. 10-6.065 (sections 1, 2, 3, 4(C)-(P), 5, and 7) 
Operating Permits, effective May 9, 1994.
    (ii) Additional material.
    (A) Letter from Missouri to EPA Region VII dated November 7, 1994, 
regarding how Missouri intends to satisfy the requirements set forth in 
the Clean Air Act Amendments at sections 112(l)(5)(A), (B), and (C).
    (B) Two letters from Missouri to EPA Region VII dated October 3, 
1994, and February 10, 1995, supplementing the November 7, 1994, letter 
and clarifying that Missouri does have adequate authority to limit 
potential-to-emit of hazardous air pollutants through the state 
operating permit program.
    (89) In submittals dated July 2, 1993; June 30, 1994; and November 
23, 1994, the Missouri Department of Natural Resources (MDNR) submitted 
a State Implementation Plan (SIP) to satisfy Federal requirements for an 
approvable nonattainment area lead SIP for the

[[Page 309]]

Doe Run primary and secondary smelter near Bixby, Missouri (Doe Run-
Buick). Although Missouri rule 10 CSR 10-6.120 contains requirements 
which apply statewide to primary lead smelting operations, EPA takes 
action on this rule insofar as it pertains to the Doe Run-Buick 
facility. Plan revisions to address the other lead smelters in the state 
are under development.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.120 (section (2)(C), section (4)) 
entitled Restriction of Emissions of Lead from Primary Smelter-Refinery 
Installations, effective August 28, 1994.
    (B) Consent Order, entered into between the Doe Run Company and 
MDNR, dated July 2, 1993.
    (C) Consent Order amendment, signed by the Doe Run Company on August 
30, 1994, and by MDNR on November 23, 1994.
    (ii) Additional material.
    (A) The Doe Run-Buick Work Practice Manual submitted on July 2, 
1993. EPA approves the Work Practice manual with the understanding that 
any subsequent changes to the Work Practice Manual will be submitted as 
SIP revisions.
    (B) Revisions to the Doe Run-Buick Work Practice Manual submitted on 
June 30, 1994.
    (90)-(91) [Reserved]
    (92) On February 14, 1995, the Missouri Department of Natural 
Resources submitted two new rules which pertain to transportation 
conformity in Kansas City and St. Louis.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-2.390 (except section (20) Criteria and 
Procedures: Interim Period Reductions in Ozone Areas (TIP)) and 10 CSR 
10-5.480 (except section (22) Criteria and Procedures: Interim Period 
Reductions in Ozone Areas (TIP)), both entitled Conformity to State 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal 
Transit Act, effective May 28, 1995.
    (ii) Additional material.
    (A) Missouri's Air Pollution Control Plan, St. Louis Metropolitan 
Area Ozone and Carbon Monoxide Transportation Conformity, January 12, 
1995.
    (B) Missouri's Air Pollution Control Plan, Kansas City Metropolitan 
Area Ozone Transportation Conformity, January 12, 1995.
    (C) Policy agreement, entered into between the Missouri Department 
of Natural Resources, the Mid-America Regional Council, and the Highway 
and Transportation Commission of the state of Missouri, dated August 31, 
1993.
    (D) Letter from the state of Missouri to EPA, dated December 7, 
1995, in which the state commits to implementing its state rule 
consistent with the Federal Transportation Conformity rule, as amended 
on August 29, 1995, with regards to the granting of an NOX 
waiver and the NOX conformity requirements.
    (93) On February 14, 1995, the Missouri Department of Natural 
Resources (MDNR) submitted a new rule which pertains to general 
conformity.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.300, entitled Conformity of General Federal 
Actions to State Implementation Plans, effective May 28, 1995.
    (94) On April 12, 1995, the Missouri Department of Natural Resources 
submitted an emissions inventory update to the Kansas City maintenance 
plan approved by EPA on June 23, 1992. The submittal also establishes a 
motor vehicle emissions budget for the purpose of fulfilling the 
requirements of the Federal Transportation Conformity rule.
    (i) Incorporation by reference.
    (A) Kansas City Ozone Maintenance SIP Revisions: Emission 
Inventories and Motor Vehicle Emissions Budgets, adopted by the Missouri 
Air Conservation Commission on March 30, 1995.
    (95) Plan revisions were submitted by the Missouri Department of 
Natural Resources on August 14, 1996, which reduce lead emissions from 
the Asarco primary lead smelter located within the lead nonattainment 
area defined by the boundaries of the Liberty and Arcadia Townships 
located in Iron County, Missouri.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-6.120, Restriction of Emissions of Lead From 
Primary Lead Smelter--Refinery Installations, except subsection 2(B) and 
2(C), and section 4, effective June 30, 1996.

[[Page 310]]

    (B) Consent Decree Case Number CV596-98CC, STATE OF MISSOURI ex. 
rel. Jeremiah W. (Jay) Nixon and the Missouri Department of Natural 
Resources v. ASARCO, INC., Missouri Lead Division, effective July 30, 
1996, with Exhibits A, C, D, E, F, and G.
    (ii) Additional material.
    (A) Narrative SIP material submitted on August 14, 1996. This 
submittal includes the emissions inventory and the attainment 
demonstration.
    (96) Revisions to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on March 13, 1996, and August 6, 1996, 
pertaining to its intermediate operating permit program. The EPA is not 
approving provisions of the rules which pertain to the basic operating 
permit program.
    (i) Incorporation by reference.
    (A) Regulations 10 C.S.R. 10-6.020, Definitions and Common Reference 
Tables, effective June 30, 1996; and 10 C.S.R. 10-6.065, Operating 
Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and 
(4)(H).
    (97) On November 20, 1996, the Missouri Department of Natural 
Resources (MDNR) submitted a revised rule which pertains to general 
conformity.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-6.300, entitled Conformity of General Federal 
Actions to State Implementation Plans, effective September 30, 1996.
    (98) Revision to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on July 14, 1997.
    (i) Incorporation by reference.
    (A) Missouri Emergency Rule, 10 CSR 10-2.330, Control of Gasoline 
Reid Vapor Pressure, effective May 1, 1997, and expires October 27, 
1997.
    (99) Revisions to the ozone attainment plan were submitted by the 
Governor on February 1, 1996.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-2.260, ``Control of Petroleum Liquid 
Storage, Loading, and Transfer,'' effective December 30, 1995.
    (B) Missouri Rule 10 CSR 10-5.220, ``Control of Petroleum Liquid 
Storage, Loading, and Transfer,'' effective December 30, 1995.
    (100) A revision to the Missouri SIP was submitted by the Missouri 
Department of Natural Resources on February 1, 1996, pertaining to 
Emission Data, Emission Fees, and Process Information.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-6.110, ``Emission Data, Emission Fees, 
and Process Information,'' effective December 30, 1995.
    (101) On January 10, 1997, and February 2, 1997, the Missouri 
Department of Natural Resources submitted revised rules pertaining to 
transportation conformity.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-2.390, entitled Conformity to State 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal 
Transit Act, effective December 30, 1996.
    (B) Regulation 10 CSR 10-5.480, entitled Conformity to State 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal 
Transit Act, effective December 30, 1996.
    (102) Revised regulations for the control of fugitive particulate 
matter emissions were submitted by the Missouri Department of Natural 
Resources (MDNR) on September 25, 1990, and on November 20, 1996.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-6.170, entitled Restriction of Particulate 
Matter Beyond the Premises of Origin, effective November 30, 1990, as 
amended October 30, 1996.
    (B) Rescission of regulation 10 CSR 10-2.050, entitled Preventing 
Particulate Matter From Becoming Airborne, effective September 28, 1990.
    (C) Rescission of regulation 10 CSR 10-3.070, entitled Restriction 
of Particulate Matter From Becoming Airborne, effective September 28, 
1990.
    (D) Rescission of regulation 10 CSR 10-4.050, entitled Preventing 
Particulate Matter From Becoming Airborne, effective September 28, 1990.
    (E) Rescission of regulation 10 CSR 10-5.100, entitled Preventing 
Particulate Matter From Becoming Airborne, effective on September 28, 
1990.
    (ii) Additional material.
    (A) Letter from Missouri submitted on February 24, 1997, pertaining 
to the

[[Page 311]]

submission of supplemental documentation.
    (103) Revisions to the Missouri plan were submitted by the Governor 
on March 20, 1997.
    (i) Incorporation by reference.
    (A) St. Louis City Ordinance 59270, Section 4--Definitions, numbers 
80. ``Open Burning,'' 100. ``Refuse,'' 108. ``Salvage Operation,'' and 
126. ``Trade Waste'' only; and Section 12, effective October 23, 1984.
    (B) St. Louis City Permit No. 96-10-084, issued to Washington 
University School of Medicine Medical Waste Incinerator, 500 S. Euclid 
Avenue, effective February 20, 1997.
    (C) St. Louis City Permit No. 96-10-083, issued to Washington 
University School of Medicine Pathological Incinerator, 4566 Scott 
Avenue, effective February 20, 1997.
    (D) St. Louis City Operating Permit, issued to St. Louis University 
Medical Center Medical Waste Incinerator, 3628 Rutger Avenue, effective 
August 3, 1992.
    (E) Kansas City Air Quality Control Code C.S. No. 56726, Chapter 8, 
Sections: 8-2, definitions for ``Open burning,'' ``Refuse,'' ``Salvage 
operation,'' and ``Trade waste''; and 8-4, only, effective August 2, 
1984.
    (F) Remove St. Louis City Ordinance 50163, effective June 11, 1968.
    (G) Remove St. Louis City Ordinance 54699, effective March 27, 1967.
    (H) Remove St. Louis County Air Pollution Control Code SLCRO, Title 
VI, Chapter 612, effective February 22, 1967.
    (I) Remove Kansas City Air Pollution Control Code C.S. No. 36539, 
Chapter 18, except sections: 18.83--Definitions, subsections (13) 
``Incinerators'' and (15) ``Multiple Chamber Incinerators''; and 18.91--
Incinerators, effective August 31, 1972.
    (J) Remove City of Springfield Air Pollution Control Standard G.O. 
No. 1890, Chapter 2A, except sections: 2A-2--Definitions, the 
definitions for ``Director of Health,'' ``Existing Equipment,'' 
``Incinerator,'' ``Multiple-chamber incinerator,'' ``New equipment,'' 
``Open burning,'' ``Particulate matter,'' ``Refuse,'' and ``Trade 
waste''; 2A-25; 2A-34; 2A-35; 2A-36; 2A-37; 2A-38; 2A-51; 2A-55; and 2A-
56, effective October 12, 1969.
    (104) [Reserved]
    (105) Revision to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on November 13, 1997.
    (i) Incorporation by reference.
    (A) Missouri Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor 
Pressure, effective October 30, 1997.
    (106) On December 17, 1996, the Missouri Department of Natural 
Resources submitted a revised rule pertaining to capture efficiency.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 entitled, ``Sampling Methods 
for Air Pollution Sources,'' effective November 30, 1996.
    (107) New regulation for control of volatile organic emissions from 
Kansas City commercial bakeries submitted by the Missouri Department of 
Natural Resources March 13, 1996.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-2.360 entitled ``Control of Emissions from Bakery 
Ovens,'' effective December 30, 1995.
    (108) On August 12, 1997, the Missouri Department of Natural 
Resources (MDNR) submitted a new rule which consolidated the 
SO2 rules into one and rescinded eight existing rules dealing 
with sulfur compounds.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-6.260, Restriction of Emission of Sulfur 
Compounds, except Section (4), Restriction of Concentration of Sulfur 
Compounds in the Ambient Air, and Section (3), Restriction of 
Concentration of Sulfur Compounds in Emissions, effective on August 30, 
1996.
    (B) Rescission of rules 10 CSR 10-2.160, Restriction of Emission of 
Sulfur Compounds; 10 CSR 10-2.200, Restriction of Emission of Sulfur 
Compounds From Indirect Heating Sources; 10 CSR 10-3.100, Restriction of 
Emission of Sulfur Compounds; 10 CSR 10-3.150, Restriction of Emission 
of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10-4.150, 
Restriction of Emissions of Sulfur Compounds; 10 CSR 10-4.190, 
Restriction of Emission of Sulfur Compounds From Indirect Heating 
Sources; 10 CSR 10-5.110, Restrictions of Emission of Sulfur Dioxide for 
Use of

[[Page 312]]

Fuel; and 10 CSR 10-5.150, Emission of Certain Sulfur Compounds 
Restricted; effective July 30, 1997.
    (109) This State Implementation Plan (SIP) revision submitted by the 
state of Missouri on July 10, 1996, broadens the current rule exceptions 
to include smoke-generating devices. This revision would allow smoke 
generators to be used for military and other types of training when 
operated under applicable requirements.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-3.080, ``Restriction of Emission of Visible 
Air Contaminants,'' effective on May 30, 1996.
    (110) On May 28, 1998, the Missouri Department of Natural Resources 
submitted revisions to the construction permits rule.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-6.060, ``Construction Permits 
Required,'' except Section (9), effective April 30, 1998.
    (111) A revision submitted by the Governor's designee on July 30, 
1998, that reduces air emissions from batch-type charcoal kilns 
throughout the state of Missouri.
    (i) Incorporation by reference:
    (A) New Missouri rule 10 CSR 10-6.330, Restriction of Emissions from 
Batch-Type Charcoal Kilns, effective July 30, 1998.
    (112) Revisions submitted on November 13, 1998, and December 7, 
1998, by the MDNR that modify Missouri's Out-state Open Burning Rule and 
add sampling methods to Missouri's Sampling Method Rule, respectively.
    (i) Incorporation by reference:
    (A) Revisions to Missouri rule 10 CSR 10-3.030 entitled ``Open 
Burning Restrictions,'' effective August 30, 1998.
    (B) Revisions to Missouri rule 10 CSR 10-6.030 entitled ``Sampling 
Methods for Air Pollution Sources,'' effective November 30, 1998.

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

    Editorial Note: For Federal Register citations affecting Sec. 
52.1322, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1323  Approval status.

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

[[Page 313]]

Missouri Air Pollution Control Program has discretion to establish 
compliance determination procedures and equivalent alternative emission 
limits for individual sources. Any such director discretion 
determinations under this rule must be submitted to EPA for approval as 
individual SIP revisions. In the absence of EPA approval, the 
enforceable requirements of the SIP are the applicable emission limit(s) 
in subsection (4)(B) and the compliance determination provisions stated 
in subsection(5)(B)1 or (5)(B)2.
    (f) The Administrator approves Rule 10 CSR 10-6.120 as identified 
under Sec. 52.1320(c)(76), under the following terms, to which the 
state of Missouri has agreed. Subparagraph (2)(B)2.B.(IV) contains a 
provision whereby the Director of the Missouri Department of Natural 
Resources has discretion to approve revisions to the Doe Run Herculaneum 
work practice manual. Any revisions to the work practice manual, 
pursuant to this rule, must be submitted to EPA for approval as an 
individual SIP revision. Thus, any existing federally approved work 
practices remain in effect, until such time that subsequent revisions 
are submitted to EPA and approved as SIP revisions.
    (g) The Missouri portion of the Kansas City metropolitan area was 
designated as nonattainment for ozone in 40 CFR part 81. Therefore, the 
Administrator approves continuation of the 7.8 RVP limit as federally 
enforceable in the Kansas City metropolitan area, even after the area is 
redesignated to attainment, because of its nonattainment designation 
effective January 6, 1992. Also, the requirement for 7.8 psi RVP 
volatility is deemed necessary to ensure attainment and maintenance of 
the ozone standard as demonstrated by the emissions inventory 
projections (based on use of 7.8 psi RVP) in Missouri's ozone 
maintenance plan for the Kansas City metropolitan area.
    (h) The state of Missouri commits to revise 10 CSR 6.300 to remove 
language in paragraphs (3)(C)4. and (9)(B) which is more stringent than 
the language in the Federal General Conformity rule. In a letter to Mr. 
Dennis Grams, Regional Administrator, EPA, dated December 7, 1995, Mr. 
David Shorr, Director, MDNR, stated:

    We commit to initiating a change in the wording in the above 
paragraphs [paragraphs (3)(C)4. and (9)(B)] of Missouri rule 10 CSR 10-
6.300, and to submit the change to EPA within one year from the date of 
this letter [December 7, 1995]. We intend that the change will give our 
rule the same stringency as the General Conformity Rule.

    (i) Emission limitations and related provisions which are 
established in Missouri's operation permits as federally enforceable 
conditions shall be enforceable by EPA. EPA reserves the right to deem 
permit conditions not federally enforceable. Such a determination will 
be made according to appropriate procedures, and be based upon the 
permit, permit approval procedures, or permit requirements which do not 
conform with the operating permit program requirements or the 
requirements of EPA's underlying regulations.
    (j) The state of Missouri revised 10 CSR 10-6.300 to remove language 
in paragraphs (3)(C)4 and (9)(B) which made the language more stringent 
than that contained in the Federal general conformity rule. This 
fulfills the requirements of the conditional approval granted effective 
May 10, 1996, as published on March 11, 1996.
    (k) The state of Missouri revised 10 CSR 10-2.390 for Kansas City 
and 10 CSR 10-5.480 for St. Louis to update the transportation 
conformity requirements contained in 40 CFR Part 51, Subpart T, 
effective November 14, 1995.
    (l) The Administrator conditionally approves Missouri emergency rule 
10 CSR 10-2.330 under Sec. 52.1320(c)(98). Full approval is contingent 
on the state submitting the permanent rule, to the EPA, by November 30, 
1997.
    (m) The Administrator approves Missouri rule 10 CSR 10-2.330 under 
Sec. 52.1320(c)(105). This fulfills the requirements of the conditional 
approval granted effective November 10, 1997, as published on October 9, 
1997.
    (n) [Reserved]
    (o) The Administrator conditionally approves the Missouri SIP 
revisions that address the requirements of RACT under the 8-hour ozone 
NAAQS under Sec. 52.1320(c). Full approval is contingent on Missouri 
submitting RACT rules for

[[Page 314]]

inclusion into the Missouri SIP to address the Solvent Cleanup 
Operations CTG, to the EPA, no later than December 31, 2012.

[37 FR 10876, May 31, 1972]

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



Sec. 52.1324  [Reserved]



Sec. 52.1325  Legal authority.

    (a) [Reserved]
    (b) The requirements of Sec. 51.232(b) of this chapter are not met 
since the following deficiencies exist in local legal authority.
    (1) St. Louis County Division of Air Pollution Control:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (ii) Authority to make emission data available to the public is 
inadequate because section 612.350, St. Louis County Air Pollution 
Control Code, requires confidential treatment in certain circumstances 
if the data concern secret processes (Sec. 51.230(f) of this chapter).
    (2) St. Louis City Division of Air Pollution Control:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (ii) Authority to require reports on the nature and amounts of 
emissions from stationary sources is lacking (Sec. 51.230(e) of this 
chapter).
    (iii) Authority to require installation, maintenance, and use of 
emission monitoring devices is lacking. Authority to make emission data 
available to the public is inadequate because Section 39 of Ordinance 
54699 requires confidential treatment in certain circumstances if the 
data relate to production or sales figures or to processes or production 
unique to the owner or operator or would tend to affect adversely the 
competitive position of the owner or operator (Sec. 51.230(f) of this 
chapter).
    (3) Kansas City Health Department:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (4) Independence Health Department:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (ii) Authority to make emission data available to the public is 
lacking since section 11.161 of the code of the city of Independence 
requires confidential treatment in certain circumstances if the data 
relate to secret processes or trade secrets affecting methods or results 
of manufacture (Sec. 51.230(f) of this chapter).
    (5) Springfield Department of Health:
    (i) Authority to abate emissions on an emergency basis is lacking 
(Sec. 51.230(c) of this chapter).
    (ii) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (iii) Authority to make emission data available to the public is 
inadequate because section 2A-42 of the Springfield City Code requires 
confidential treatment of such data in certain circumstances (Sec. 
51.230(f) of this chapter).
    (c) The provisions of Sec. 51.230(d) of this chapter are not met 
since statutory, authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.

[37 FR 23090, Oct. 28, 1972, as amended at 39 FR 7282, Feb. 25, 1974; 51 
FR 13001, Apr. 17, 1986; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June 
30, 1987]



Sec. 52.1326  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 Missouri 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 Missouri's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is

[[Page 315]]

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 Missouri'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 Missouri 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 
Missouri'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 Missouri'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 48369, Aug. 8, 2011, as amended at 76 FR 80775, Dec. 27, 2011]



Sec. 52.1327  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 Missouri 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 Missouri'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 Missouri'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 48369, Aug. 8, 2011]



Sec. Sec. 52.1326-52.1334  [Reserved]



Sec. 52.1335  Compliance schedules.

    (a) The compliance schedule for the source identified below is 
approved as a revision to the plan pursuant to Sec. 51.104 and subpart 
N of this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

[[Page 316]]



                                                                        Missouri
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved        Adopted date          Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Knob Pelleting Co............  Pilot Knob, MO........  V(10 CSR 10-3.050)....  Oct. 19, 1977........  Immediately..........  Dec. 31, 1982.
Union Electric Labadie power plant.  Labadie, MO...........  10 CSR 10-5.090 and 10  June 20, 1979........  July 20, 1979........  Mar. 1, 1984.
                                                              CSR 10-5.030.
St. Joe Minerals Corp., Pea Ridge    Washington County, MO.  10 CSR 10-3,050.......  Mar. 23, 1983........  Mar. 23, 1983........  Dec. 31, 1988.
 Iron Ore Facility.
St. Joe Minerals Corp., Pea Ridge    ......do..............  ......do..............  Apr. 22, 1981........  Dec. 28, 1981........  July 1, 1985.
 Iron Ore Facility.
Associated Electric Cooperative,     Randolph County, MO...  10 CSR 10-3.060 and 10  June 17, 1981........  Jan. 12, 1982........  June 1, 1984.
 Inc., Thomas Hill Power Plant--                              CSR 10-3.080.
 Unit 1.
American Oil Co. (AMOCO)...........  Sugar Creek, MO.......  10 CSR 10-2.260.......  Feb. 18, 1981........  Oct. 1, 1981.........  June 1, 1982.
St. Joe Lead Co....................  Herculaneum, MO.......  Sec. 203.050.1(5)     Aug. 15, 1980........  Immediately..........  Oct. 27, 1984.
                                                              RSM01978.
AMAX Lead Co.......................  Boss, MO..............  ......do..............  ......do.............  ......do.............  Apr. 27, 1985.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
                Source                          Location           Regulation involved         Date adopted
----------------------------------------------------------------------------------------------------------------
Columbia Water & Light Department.....  Columbia...............  S-VI...................  Apr. 25, 1973.
Union Electric: Electric generating     Labadie................  X......................  Mar. 28, 1974.
 facility.
 Do...................................  Portage des Sioux......  X......................  July 25, 1974.
International Multifoods Corp.:         North Kansas City......  (\1\)..................  Aug. 31, 1976.
 Mechanical sifters.
Meremac Mining Co., furnace and cooler  Pea Ridge..............  II (10 CSR 10-3.050)...  Feb. 23, 1977.
 Nos. 1 through 5.
Empire District Electric Co., Power     Asbury Joplin..........  III (10 CSR 10-3.060) V  Apr. 27, 1977.
 Plant.                                                           (10 CSR 10-3.080).
Missouri Portland Cement Co., clinker   Sugar Creek............  II (10 CSR 10-2.030) V   June 22, 1977.
 cooler No. 1.                                                    (10 CSR 10-2.060).
Missouri Public Service Co., Sibley     Sibley.................  III (10 CSR 10-2.040)..  June 26, 1977.
 powerplant, unit Nos. 1, 2, and 3.
Tamko Asphalt Products, Inc., asphalt   Joplin.................  V (10 CSR 10-3.080)....  July 26, 1977.
 saturating line.
University of Missouri power plant....  Columbia...............  10 CSR 10-3.060........  Feb. 21, 1979.
Noranda Aluminum, Inc.................  New Madrid.............  10 CSR 10-3.050........  Feb. 23, 1977.
Associated Electric Cooperative, Inc.,  ......do...............  110 CSR 10-3.060.......  Apr. 18, 1979.
 Units 1 and 2.
----------------------------------------------------------------------------------------------------------------
\1\ Regulation IV, air pollution control regulations for Kansas City metropolitan area.
 
Note: X=Air Pollution Control Regulations for the St. Louis Metropolitan Area.


[39 FR 30835, Aug. 26, 1974]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1335, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

[[Page 317]]



Sec. Sec. 52.1336-52.1338  [Reserved]



Sec. 52.1339  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated into the applicable plan for the State of Missouri.
    (c) Regional Haze. The requirements of section 169A of the Clean Air 
Act are not met because the regional haze plan submitted by Missouri on 
August 5, 2009, and supplemented on January 30, 2012, 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.
    (d) 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 Missouri on August 5, 
2009, and supplemented on January 30, 2012, are satisfied by Sec. 
52.1326.
    (e) 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 Missouri on August 5, 
2009, and supplemented on January 30, 2012, are satisfied by Sec. 
52.1327.

[52 FR 45138, Nov. 24, 1987, as amended at 77 FR 33657, June 7, 2012; 77 
FR 38011, June 26, 2012]



Sec. 52.1340  Control strategy: Carbon monoxide.

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

[64 FR 3859, Jan. 26, 1999]



Sec. 52.1341  Control strategy: Particulate.

    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 EPA's review of 
the air quality data for the 3-year period 2007 to 2009, 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.

[77 FR 38185, June 27, 2012]



Sec. 52.1342  Control strategy: Ozone.

    (a) Determination of attainment. EPA has determined, as of June 9, 
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone 
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, 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.
    (b) Approval. EPA is approving an April 20, 2011, request from the 
State of Missouri for a waiver from the Clean Air Act requirement for 
Oxides of Nitrogen (NOX) Reasonably Available Control 
Technology (RACT) in the Missouri portion of the St. Louis (MO-IL)

[[Page 318]]

metropolitan 8-hour ozone nonattainment area for purposes of attaining 
the 1997 8-hour ozone National Ambient Air Quality Standard.

[76 FR 43601, July 21, 2011, as amended at 77 FR 25366, Apr. 30, 2012]



                           Subpart BB_Montana



Sec. 52.1370  Identification of plan.

    (a) Title of plan: ``Implementation Plan for Control of Air 
Pollution in Montana.''
    (b) The plan was officially submitted on March 22, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Non-regulatory changes to the plan involving compliance 
schedules, emergency episodes, and air quality surveillance submitted 
May 10, 1972, by the State Department of Health.
    (2) Plan revisions (Regulation 90-001, Part VI, Part VIII, Part XII) 
submitted June 26, 1972, by the Governor.
    (3) The Governor submitted the Air Quality Maintenance Area 
identification to the Administrator on June 24, 1974.
    (4) The Governor submitted revision to the Air Quality Maintenance 
Areas on January 25, 1975.
    (5) Sulfur oxides control strategy and compliance schedule for the 
American Smelting and Refining Company submitted May 21, 1975, by the 
Governor.
    (6) Sulfur oxides control strategy for the Billings and Laurel areas 
and schedule of Compliance for the Farmers Union Central Exchange 
(CENEX) refinery in Laurel submitted by the Governor on January 26, 
1978.
    (7) On May 5, September 4, and October 1, 1975, the Governor 
submitted revisions which amended regulations applicable to 
incinerators, industrial processes, storage of petroleum products, 
aluminum refineries, and malfunctions.
    (8) On April 24, and October 4, 1979, the Governor submitted 
revisions for Anaconda, East Helena, and Laurel--SO2; 
Billings, Butte, Columbia Falls, Colstrip, East Helena, Great Falls, and 
Missoula--TSP; Billings and Missoula--CO; and Yellowstone County--ozone. 
No action is taken with regard to the revised new source review 
regulation, the revised stack height regulation, or the control 
strategies for East Helena SO2 and Yellowstone County ozone.
    (9) On February 21, 1980 the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart 
C, Sec. 58.20.
    (10) On April 24, October 4, 1979, and January 7, 1980, the Governor 
submitted revisions to meet Part D and other sections of the Clean Air 
Act, as amended in l977. No action is taken with regard to the revised 
stack height regulation.
    (11) On April 21, 1982, and April 22, 1982, Montana submitted 
revisions to the open burning regulation and redesignated the Anaconda 
area from nonattainment to attainment for sulfur dioxide 
(SO2).
    (12) On January 19, 1983, Montana submitted revisions to the State 
Implementation Plan to meet the requirements of Part C, Subpart 1, and 
section 110 of the Clean Air Act.
    (13) On July 20, 1982 Montana submitted revisions which amended the 
State's rules relating to malfunctions.
    (14) Revisions to the SIP for Missoula and Billings Carbon Monoxide 
(CO) and Missoula Total Suspended Particulate (TSP) Attainment Plans 
were submitted by the Governor on August 14, 1981. A revision specifying 
a list of statewide source test procedures was submitted by the Governor 
on September 21, 1981.
    (i) Incorporation by reference.
    (A) Letter from Governor Ted Schwinden to EPA Region VIII Regional 
Administrator dated September 21, 1981, and document entitled ``Montana 
SDHED-AQB Sampling and Analytical Procedures'' as part of the SIP, 
adopted December 31, 1972.
    (B) Missoula City Council Resolution Number 4146 approving 
amendments to Missoula Total Suspended Particulate and Carbon Monoxide 
Air Quality Attainment Plans, adopted on May 4, 1981.
    (C) Missoula Board of County Commissioners Resolution number 81-73 
approving changes in the Missoula TSP and CO State Implementation Plan, 
adopted on May 13, 1981.
    (ii) Additional material.

[[Page 319]]

    (A) ``Missoula SIP Revisions; Revision to Total Suspended 
Particulates Stategies and Strategy Development and Implementation for 
Carbon Monoxide,'' 1981.
    (B) Certification of approval by Montana Board of Health and 
Environmental Sciences on May 28, 1981 of the ``Transportation Control 
Plan'' (July, 1980) prepared by Billings-Yellowstone City-County 
Planning Board.
    (C) Billings-Yellowstone City-County Planning Board ``Transportation 
Control Plan'', July, 1980, approved on May 28, 1981.
    (15) On September 29, 1983, the Governor submitted the Montana State 
Implementation Plan revision for lead.
    (16) A revision to the East Helena nonattainment plan for sulfur 
dioxide (SO2) was submitted on June 7, 1982, and supplemental 
information was submitted October 4, 1983.
    (17) On September 21, 1981 the Governor submitted a permit which had 
been issued to the Western Energy Company as required in the conditional 
approval of the Colstrip TSP plan.
    (18) In a letter dated March 28, 1986, the Governor submitted 
modifications to the Montana SIP which revised rules governing stack 
height and dispersion techniques. In a letter dated November 25, 1985, 
the Chief of the Air Quality Bureau, Montana, submitted the stack height 
demonstration analysis with supplemental information submitted on 
January 28, 1986. EPA is approving the demonstration analysis for all of 
the stacks except the ASARCO stacks.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana effective on 
June 13, 1986. The modifications repeal Administrative Rules of Montana 
(ARM 116.8.1201, 116.8.1202 and 16.8.1203 in Subchapter 12 and adds ARM 
16.8.1204 (Definitions), 16.8.1205 (Requirements), and 16.8.1206 
(Exemptions).
    (B) Stack height demonstration analysis submitted by the State on 
November 25, 1985 (except for materials pertaining to ASARCO), and 
January 28, 1986 (except for meterials pertaining to ASARCO and Appendix 
A).
    (19) On August 21, 1985 and September 5, 1989, the Governor of 
Montana submitted revisions to the plan. The submittal revised existing 
Prevention of Significant Deterioration (PSD) regulations.
    (i) Incorporation by reference.
    (A) Amendments to the Administrative Rules of Montana (ARM) 16.8.921 
(27), (Definitions), effective April 1, 1983.
    (B) Amendments to the Administrative Rules of Montana (ARM) 
16.8.921(2), (Definitions), effective September 13, 1985.
    (C) Amendments to the ARM 16.8.921(21) and (27) (Definitions), ARM 
16.8.936 (Exemptions from Review], ARM 1 6.8.937 (Air Quality Models), 
and ARM 16.8.941 (Class I Variances--General), effective June 16, 1989.
    (ii) Additional material.
    (A) February 29, 1988 letter from Douglas Skie, EPA, to Jeffrey 
Chaffee, Chief of the Montana Air Quality Bureau.
    (B) September 9, 1988 letter from Jeffrey Chaffee, Chief of the 
Montana Air Quality Bureau, to Douglas Skie, EPA.
    (C) December 14, 1988 letter from Douglas Skie, EPA, to Jeffrey 
Chaffee, Chief of the Montana Air Quality Bureau.
    (D) April 28, 1989 letter from Jeffrey Chaffee, Chief of the Montana 
Air Quality Bureau, to Douglas Skie, EPA.
    (20) A revision to the SIP was submitted by the Governor on August 
21, 1985, for visibility monitoring and new source review.
    (i) Incorporation by reference.
    (A) Revision to the Montana SIP was made on July 19, 1985, for 
visibility new source review and monitoring.
    (B) Revision to the Administrative Rules of Montana (ARM) was made 
on July 19, 1985, for visibility which includes new regulations ARM 
16.8.1001-.1008 and revising ARM 16.8.1107(3).
    (21) Revisions to Montana TSP SIP for Butte were submitted by 
Governor Ted Schwinden on February 10, 1983.
    (i) Incorporation by reference.
    (A) State of Montana Air Quality Control, Implementation Plan, 
Chapter 5C, Butte, adopted January 14, 1983.
    (B) Air quality Permit 1749 for Anaconda Minerals Company 
filed March 28, 1983.
    (22) Revisions to the Montana CO SIP for Great Falls were submitted 
by the Governor on March 28, 1986.
    (i) Incorporation by reference.

[[Page 320]]

    (A) Montana Refining Company permit dated October 20, 1985.
    (B) Stipulation in the matter of the Montana Refining Company dated 
December 2, 1985.
    (ii) Additional material.
    (A) Montana SIP, chapter 5(3)D. Great Falls (Date: March 14, 1986).
    (B) Pre-filed testimony by the Department of Health and 
Environmental Services dated February 28, 1986.
    (23) On March 9, 1988, the Governor submitted a plan revising the 
State's Air Quality Modeling Rule (16.8.937) and its Particulate Matter, 
Fuel Burning Equipment Rule (16.8.1402).
    (i) Incorporation by reference.
    (A) Modification to the State of Montana Air Quality Rules, that is 
the Air Quality Modeling rule (16.8.937) and the Particulate Matter, 
Fuel Burning Equipment rule (16.8.1402) adopted on January 15, 1988.
    (24) On July 13, 1990, the Governor of Montana submitted revisions 
to the Montana Air Quality Rules, Sub-chapter 9, Prevention of 
Significant Deterioration of Air Quality (PSD) Regulations, to 
incorporate the nitrogen dioxide (NO2) increments.
    (i) Incorporation by reference.
    (A) Revisions to the Montana Air Quality Rules, Subchapter 9, 
Prevention of Significant Deterioration of Air Quality (PSD) effective 
on July 12, 1990.
    (ii) Additional material.
    (A) October 22, 1990 letter from Douglas Skie, EPA, to Jeffrey 
Chaffee, Chief, Montana Air Quality Bureau.
    (B) December 4, 1990 letter from Jeffrey Chaffee, Chief, Montana Air 
Quality Bureau, to Douglas Skie, EPA.
    (C) January 4, 1991 letter from Jeffrey Chaffee, Chief, Montana Air 
Quality Bureau, to Douglas Skie, EPA.
    (D) April 30, 1991 letter from Douglas Skie, EPA, to Jeffrey 
Chaffee, Chief, Montana Air Quality Bureau.
    (25) On August 20, 1991, the Governor of Montana submitted revisions 
to the plan for new source performance standards and national emission 
standards for hazardous air pollutants.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana 16.8.1423, 
Standards of Performance of New Stationary Sources, and 16.8.1424, 
Emission Standards for Hazardous Air Pollutants, adopted July 1, 1991, 
effective July 12, 1991.
    (ii) Additional material.
    (A) Letter dated April 20, 1992 from Jeffrey T. Chaffee, Chief of 
the Montana Air Quality Bureau, to Doug Skie, Chief of Air Programs 
Branch, EPA Region VIII.
    (26) On April 2, 1992, the Governor of Montana submitted revisions 
to the plan. The revisions included amendments to the Montana Air 
Quality Rules incorporating the July 1, 1991, version of the Montana 
Quality Assurance Manual and streamlining of the procedure for updating 
the Quality Assurance Manual.
    (i) Incorporation by reference.
    (A) Revisions, as adopted March 31, 1992, to the Montana Air Quality 
Rules: 16.8.807 Ambient Air Monitoring, 16.8.809 Methods and Data, and 
the repeal of 16.8.810 Procedures for Reviewing and Revising the Montana 
Quality Assurance Manual.
    (27) On April 25, 1988, the Governor submitted a plan to help assure 
attainment and maintenance of the PM-10 NAAQS throughout the State of 
Montana.
    (i) Incorporation by reference.
    (A) Amendments to the Administrative Rules of Montana (ARM) 16.8.821 
(Ambient Air Quality Standards), and ARM 16.8.701, ARM 16.8.806, and ARM 
16.8.921 (Definitions), effective April 29, 1988.
    (B) Amendments to the ARM, subchapter 9 (Prevention of Significant 
Deterioration): sections 16.8.924, 16.8.925, and 16.8.936, effective 
April 29, 1988; section 16.8.937, effective March 11, 1988; section 
16.8.930, effective April 1, 1988; and sections 16.8.922, 16.8.923, 
16.8.926, 16.8.927, 16.8.928, 16.8.929, 16.8.931, 16.8.932, 16.8.933, 
16.8.934, 16.8.935, 16.8.938, 16.8.939, 16.8.940, 16.8.941, 16.8.942, 
16.8.943, effective January 1, 1983.
    (C) Amendments to the ARM, subchapter 10 (Visibility Impact 
Assessment): section 16.8.1007, effective April 29, 1988; and sections 
16.8.1001, 16.8.1002, 16.8.1003, 16.8.1004, 16.8.1005, 16.8.1006, and 
16.8.1008, effective March 11, 1988; section 16.8.930, effective 
September 13, 1985.

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    (D) Amendments to the ARM, subchapter 12 (Stack Heights and 
Dispersion Techniques), sections 16.8.1204, 16.8.1205, and 16.8.1206, 
effective June 13, 1986.
    (E) Amendments to the ARM, subchapter 13 (Open Burning), sections 
16.8.1301, 16.8.1302, 16.8.1303, 16.8.1304, 16.8.1305, 16.8.1306, 
16.8.1307, and 16.8.1308, effective April 16, 1982.
    (F) Amendments to the ARM, subchapter 14 (Emission Standards): 
section 16.8.1401, effective February 16, 1979; section 16.8.1402, 
effective March 11, 1988; section 16.8.1403, effective September 5, 
1975; section 16.8.1404, effective June 13, 1986; section 16.8.1406, 
effective December 29, 1978; section 16.8.1419, effective December 31, 
1972; section 16.8.1423, effective March 11, 1988; and section 
16.8.1428, effective June 13, 1986.
    (G) Amendments to the ARM, Sub-Chapter 16 (Combustion Device Tax 
Credit), sections 16.8.1601 and 16.8.1602, effective December 27, 1985.
    (H) Appendix G-2, Montana Smoke Management Plan, effective April 15, 
1988, is removed and replaced by Sec. 52.1395.
    (28) On August 20, 1991, the Governor of Montana submitted revisions 
to the plan for visibility models, new source performance standards, and 
national emission standards for hazardous air pollutants.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana 16.8.1004, 
Visibility Models, 16.8.1423, Standards of Performance for New 
Stationary Sources, and 16.8.1424, Emission Standards for Hazardous Air 
Pollutants, effective December 25, 1992.
    (29) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation Plan (SIP) 
for Butte, Montana with a letter dated July 9, 1992, with technical 
corrections dated May 17, 1993. The submittals were made to satisfy 
those moderate PM10 nonattainment area SIP requirements due for Butte on 
November 15, 1991. The Butte PM10 SIP replaces the prior approved Butte 
total suspended particulate (TSP) SIP approved in paragraph (c)(21).
    (i) Incorporation by reference.
    (A) Stipulation signed October 8, 1991 between the Montana 
Department of Health and Environmental Sciences and the Butte-Silver Bow 
Council of Commissioners, which delineates responsibilities and 
authorities between the two entities.
    (B) Board order issued on November 15, 1991 by the Montana Board of 
Health and Environmental Sciences approving the Butte-Silver Bow Air 
Pollution Control Program.
    (C) Stipulation between the Montana Department of Health and 
Environmental Sciences (signed September 27, 1991), the Montana 
Department of Transportation (signed October 4, 1991), and the Butte-
Silver Bow Council of Commissioners (signed October 7, 1991) to ensure 
that Butte-Silver Bow and the Montana Department of Transportation 
comply with Butte-Silver Bow Council Resolution No. 1307.
    (D) Butte/Silver Bow Resolution No. 1307, effective March 6, 1991, 
which addresses sanding and chip sealing standards and street sweeping 
and flushing requirements.
    (E) Butte/Silver Bow Ordinance No. 330, effective August 3, 1988, 
which addresses residential wood burning and idling diesel vehicle and 
locomotive requirements.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit 1636A, with a final modification date of October 
26, 1991, for Rhone-Poulenc's elemental phosphorus plant.
    (B) Montana Department of Health and Environmental Sciences Air 
Quality Permit 1749-04, with a final modification date of March 
20, 1992, for Montana Resources, Inc.'s open pit copper and molybdenum 
mine, crushing and milling operation and concentrator.
    (C) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (D) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (30) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation 
Plan (SIP)

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for Missoula, Montana, and the Missoula City-County Air Pollution 
Control Program regulations with letters dated August 20, 1991 and June 
4, 1992. The submittals were made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for Missoula on 
November 15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed April 29, 1991, between the Montana 
Department of Health and Environmental Sciences and the Missoula City-
County Air Pollution Control Board, which delineates responsibilities 
and authorities between the two entities.
    (B) Board order issued on June 28, 1991, by the Montana Board of 
Health and Environmental Sciences approving the comprehensive revised 
version of the Missoula City-County Air Pollution Control Program.
    (C) Board order issued on March 20, 1992, by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program Rule 1401, concerning the use 
of approved liquid de-icer, and Rule 1428, concerning pellet stoves.
    (D) Missoula County Rule 1401 (7), effective June 28, 1991, which 
addresses sanding and chip sealing standards and street sweeping and 
flushing requirements.
    (E) Missoula County Rule 1401 (9), effective March 20, 1992, which 
addresses liquid de-icer requirements.
    (F) Missoula County Rule 1428, effective June 28, 1991, with 
revisions to sections (2)(l)-(p), (4)(a)(i), and (4)(c)(vi) of Rule 
1428, effective March 20, 1992, which addresses requirements for solid 
fuel burning devices.
    (G) Missoula County Rule 1310 (3), effective June 28, 1991, which 
addresses prescribed wildland open burning.
    (H) Other Missoula City-County Air Pollution Control Program 
regulations effective June 28, 1991, as follows: Chapter I. Short Title; 
Chapter II. Declaration of Policy and Purpose; Chapter III. Authorities 
for Program; Chapter IV. Administration; Chapter V. Control Board, 
Meetings-Duties-Powers; Chapter VI. Air Quality Staff; Chapter VII. Air 
Pollution Control Advisory Council; Chapter VIII. Inspections; Chapter 
IX., Subchapter 7 General Provisions; Chapter IX., Subchapter 14, 
Emission Standards, Rules 1401, 1402, 1403, 1404, 1406 (with amendments 
effective March 20, 1992), 1411, 1419, 1425, and 1426; Chapter XI. 
Enforcement, Judicial Review and Hearings; Chapter XII. Criminal 
Penalties; Chapter XIII. Civil Penalties; Chapter XIV. Non-Compliance 
Penalties; Chapter XV. Separability Clause; Chapter XVI. Amendments and 
Revisions; Chapter XVII. Limitations, and Appendix A, Maps.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit 2303-M, with a final modification date of March 
20, 1992, for Louisiana-Pacific Corporation's particle board 
manufacturing facility.
    (B) Montana Department of Health and Environmental Sciences Air 
Quality Permit 2589-M, with a final modification date of 
January 23, 1992, for Stone Container Corporation's pulp and paper mill 
facility.
    (C) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (31) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation 
Plan (SIP) for Columbia Falls, Montana with letters dated November 25, 
1991, and May 6, 1992, with technical corrections dated June 15, 1993. 
The submittals were made to satisfy those moderate PM10 
nonattainment area SIP requirements due for Columbia Falls on November 
15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed November 15, 1991, between the Montana 
Department of Health and Environmental Sciences, the Flathead County 
Commission, and the Kalispell City Council and the Columbia Falls City 
Council, which delineates responsibilities and authorities between the 
MDHES and Flathead County.
    (B) Board order issued on November 15, 1991, by the Montana Board of 
Health and Environmental Sciences approving the Flathead County Air 
Pollution Control Program.
    (C) Flathead County Board of Commissioners Resolution No. 867, 
adopting the Flathead County Air Pollution Control Program and Flathead 
County

[[Page 323]]

Air Pollution Control Regulations, with the exception of rules 501 
through 506, signed October 3, 1991.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit  2667-M, with a final modification date of 
January 24, 1992, for Plum Creek Manufacturing, Inc. Columbia Falls 
Operations.
    (B) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (C) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (32) On November 6, 1992, Stan Stephens, the Governor of Montana, 
submitted a SIP revision to the Implementation Plan for the Control of 
Air Pollution. This revision establishes and requires the implementation 
of an oxygenated fuels program in Missoula County as required by section 
211(m) of the Clean Air Act Amendments of 1990.
    (i) Incorporation by reference.
    (A) Missoula City-County Rule 1429, which establishes and requires 
the implementation of an oxygenated fuel program, as adopted June 9, 
1992.
    (ii) Additional materials.
    (A) Letter dated November 6, 1992, from Governor Stan Stephens 
submitting the oxygenated gasoline program SIP revision.
    (B) Stipulation signed June 12, 1991 between the Montana Department 
of Health and Environmental Sciences and the Missoula City-County Air 
Pollution Control Board, which delineates the responsibilities and 
authorities between the two entities.
    (C) Board order issued September 25, 1992 by the Montana Board of 
Health and Environmental Sciences approving amendments to Missoula City-
County Air Pollution Control Program, adopting Rule 1429 establishing 
and implementing an oxygenated fuels program.
    (33) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation 
Plan (SIP) for Libby, Montana with letters dated November 25, 1991 and 
May 24, 1993, with technical corrections dated June 3, 1994. The 
submittals were to satisfy those moderate PM10 nonattainment 
area SIP requirements due for Libby on November 15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed October 7, 1991 between the Montana 
Department of Health and Environmental Sciences (MDHES), the County of 
Lincoln and the City of Libby, which delineates responsibilities and 
authorities between the MDHES, Lincoln County and Libby.
    (B) Board order issued on November 15, 1991 by the Montana Board of 
Health and Environmental Sciences approving the Lincoln County Air 
Pollution Control Program.
    (C) Stipulation signed March 18, 1993 between the Montana Department 
of Health and Environmental Sciences, the County of Lincoln and the City 
of Libby, seeking approval of amendments to the local air pollution 
control program.
    (D) Board order issued on March 19, 1993 by the Montana Board of 
Health and Environmental Sciences approving amendments to the Lincoln 
County Air Pollution Control Program.
    (E) Letter dated February 4, 1993, from Kendra J. Lind, Lincoln 
County Department of Environmental Health, to Gretchen Bennitt, Air 
Quality Bureau, Montana Department of Health and Environmental Sciences, 
which explains the local adoption process and effective date of 
amendments to the Lincoln County Air Quality Control Program 
regulations.
    (F) Lincoln County Board of Commissioners Resolution No. 276, signed 
December, 23, 1992, and Libby City Council Ordinance No. 1470, signed 
February 1, 1993, adopting amendments to the Lincoln County Air Quality 
Control Program regulations 1 through 7.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit 2627-M, with a final modification date of July 
25, 1991, for Stimson Lumber Company (formerly Champion International 
Corporation), Libby Facility.
    (B) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.

[[Page 324]]

    (C) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (34) On October 19, 1992, the Governor of Montana submitted a plan 
for the establishment and implementation of a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program to be 
incorporated into the Montana State Implementation Plan as required by 
section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Montana Code Annotated, Sections 75-2-106, 75-2-107, 75-2-108, 
75-2-109 and 75-2-220, to establish and fund a small business stationary 
source technical and environmental compliance assistance program, 
effective April 24, 1993.
    (ii) Additional materials.
    (A) October 19, 1992 letter from the Governor of Montana submitting 
a Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program plan to EPA.
    (B) The State of Montana plan for the establishment and 
implementation of a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program, adopted by the Board of 
Health and Environmental Sciences on September 25, 1992, effective 
September 25, 1992.
    (35) The Governor of Montana submitted PM10 and CO 
contingency measures for Missoula, Montana in a letter dated March 2, 
1994. The Governor of Montana also submitted the Missoula City-County 
Air Pollution Control Program in a letter dated August 20, 1991, with 
amendments submitted in letters dated June 4, 1992 and March 2, 1994. 
The March 2, 1994 submittal satisfies several commitments made by the 
State in its original PM10 moderate nonattainment area SIP.
    (i) Incorporation by reference.
    (A) Board order issued on November 19, 1993 by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program Chapter VII, VIII, and IX, 
regarding, among other things, the PM10 and CO contingency 
measures, inspections, emergency procedures, permitting, and wood-waste 
burners.
    (B) Missoula City-County Chapter IX, Subchapter 3, effective 
November 19, 1993, which addresses the PM10 and CO 
contingency measure selection process.
    (C) Missoula City-County Rule 1401(7), effective November 19, 1993, 
which addresses PM10 contingency measure requirements for an 
expanded area of regulated road sanding materials.
    (D) Missoula City-County Rule 1428(5) and 1428(7), effective 
November 19, 1993, which addresses PM10 and CO contingency 
measure requirements for solid fuel burning devices.
    (E) Missoula City-County Air Pollution Control Program Chapter IX, 
Subchapter 13, Open Burning, effective June 28, 1991.
    (F) Other Missoula City-County Air Pollution Control Program 
regulations effective June 28, 1991, with amendments effective on March 
20, 1992 and November 19, 1993, as follows: all portions of Chapter IX, 
Subchapter 11, Permit, Construction and Operation of Air Contaminant 
Sources, except, Rules 1102(3), 1105(2), and 1111(2).
    (G) Other Missoula City-County Air Pollution Control Program 
regulations effective June 28, 1991, with amendments effective on 
November 19, 1993, as follows: Chapter IX, Subchapter 4, Emergency 
Procedures and Chapter IX, Subchapter 14, Rule 1407, Prevention, 
Abatement and Control of Air Pollution from Wood-Waste Burners.
    (H) Minor revisions to Missoula City-County Air Pollution Control 
Program Chapter VII, Air Quality Advisory Council, and Chapter VIII, 
Inspections, effective on November 19, 1993, as follows: Chapter VII(1) 
and Chapter VIII(4).
    (36) The Governor of Montana submitted PM10 contingency 
measures for Butte, Montana in a letter dated August 26, 1994. This 
submittal also contained revisions to the attainment and maintenance 
demonstrations for the moderate PM10 nonattainment area SIP, 
due to modifications made to the Air Quality Permit for Montana 
Resources, Inc.
    (i) Incorporation by reference.
    (A) Board order issued on May 20, 1994 by the Montana Board of 
Health and Environmental Sciences approving the amendments to the Butte/
Silver Bow

[[Page 325]]

Air Pollution Control Program regarding the PM10 contingency 
measure.
    (B) Butte/Silver Bow Ordinance No. 468, effective May 20, 1994, 
which addresses PM10 contingency measure requirements for 
liquid de-icer application.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit 1749-05, as revised with a final modification 
date of January 5, 1994, for Montana Resources, Inc.'s open pit copper 
and molybdenum mine, crushing and milling operation, and concentrator.
    (37) The Governor of Montana submitted a State Implementation Plan 
(SIP) revision meeting the requirements for the primary SO2 
NAAQS SIP for the East Helena, Montana nonattainment area with a letter 
dated March 30, 1994. The submittal was to satisfy those SO2 
nonattainment area SIP requirements due for East Helena on May 15, 1992. 
The East Helena SO2 SIP revision submitted on March 30, 1994, 
supercedes the East Helena SO2 SIP approved in paragraph 
(c)(5) of this section and, effective after November 15, 1995, 
terminates the East Helena SO2 SIP approved in paragraph 
(c)(16) of this section.
    (i) Incorporation by reference.
    (A) Stipulation signed March 15, 1994, between the Montana 
Department of Health and Environmental Sciences (MDHES) and Asarco, 
Incorporated, which specifies SO2 emission limitations and 
requirements for the company's primary lead smelter located in East 
Helena, MT.
    (B) Board order issued on March 18, 1994, by the Montana Board of 
Health and Environmental Sciences approving and adopting the control 
strategy for achieving and maintaining the primary SO2 NAAQS 
in the East Helena area.
    (38) [Reserved]
    (39) On May 17, 1994, the Governor of Montana submitted revisions to 
the Administrative Rules of Montana (ARM) regarding nonattainment new 
source review, prevention of significant deterioration, general 
construction permitting, wood waste burners, source test methods, new 
source performance standards, and national emission standards for 
hazardous air pollutants. Also, the Governor requested that all existing 
State regulations approved in the SIP be replaced with the October 1, 
1979 codification of the ARM as in effect on March 30, 1994. EPA is 
replacing all of the previously approved State regulations, except ARM 
16.8.1302 and 16.8.1307, with those regulations listed in paragraph 
(c)(39)(i)(A) of this section. ARM 16.8.1302 and 16.8.1307, as in effect 
on April 16, 1982 and as approved by EPA at 40 CFR 52.1370(c)(11), will 
remain part of the SIP.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) Sections 16.8.201-202, 
16.8.301-304, and 16.8.401-404, effective 12/31/72; Section 16.8.701, 
effective 12/10/93; Section 16.8.704, effective 2/14/87; Section 
16.8.705, effective 6/18/82; Section 16.8.707, effective 9/13/85; 
Sections 16.8.708-709, effective 12/10/93; Sections 16.8.945-963, 
effective 12/10/93; Sections 16.8.1001-1003, effective 9/13/85; Section 
16.8.1004, effective 12/25/92; Sections 16.8.1005-1006, effective 9/13/
85; Section 16.8.1007, effective 4/29/88; Section 16.8.1008, effective 
9/13/85; Section 16.8.1101, effective 6/16/89; Section 16.8.1102, 
effective 2/14/87; Section 16.8.1103, effective 6/16/89; Section 
16.8.1104, effective 3/16/79; Section 16.8.1105, effective 12/27/91; 
Sections 16.8.1107 and 16.8.1109, effective 12/10/93; Sections 
16.8.1110-1112. effective 3/16/79; Section 16.8.1113, effective 2/14/87; 
Section 16.8.1114, effective 12/10/93; Sections 16.8.1115, 16.8.1117, 
and 16.8.1118, effective 3/16/79; Sections 16.8.1119-1120, effective 12/
10/93; Sections 16.8.1204-1206, effective 6/13/86; Sections 16.8.1301 
and 16.8.1303, effective 4/16/82; Section 16.8.1304, effective 9/11/92; 
Section 16.8.1305, effective 4/16/82; Section 16.8.1306, effective 4/1/
82; Section 16.8.1308, effective 10/16/92; Section 16.8.1401, effective 
10/29/93; Section 16.8.1402, effective 3/11/88; Section 16.8.1403, 
effective 9/5/75; Section 16.8.1404, effective 6/13/86; Section 
16.8.1406, effective 12/29/78; Section 16.8.1407, effective 10/29/93; 
Section 16.8.1411, effective 12/31/72; Section 16.8.1412, effective 3/
13/81; Section 16.8.1413, effective 12/31/72; Section 16.8.1419, 
effective 12/31/72; Sections 16.8.1423, 16.8.1424, and 16.8.1425 (except 
16.8.1425(1)(c) and (2)(d)), effective 10/29/93; Section 16.8.1426, 
effective 12/31/72;

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Sections 16.8.1428-1430, effective 10/29/93; Section 16.8.1501, 
effective 2/10/89; Section 16.8.1502, effective 2/26/82; Section 
16.8.1503, effective 2/10/89; Sections 16.8.1504-1505, effective 2/26/
82; Sections 16.8.1701-1705, effective 12/10/93; and Sections 16.8.1801-
1806, effective 12/10/93.
    (40) The Governor of Montana submitted a PM10 plan for 
Kalispell, Montana in a letter dated November 25, 1991. The Governor of 
Montana later submitted additional materials in letters dated January 
11, 1994, August 26, 1994, and July 18, 1995. The August 26, 1994, and 
July 18, 1995 submittals also contain the Kalispell Contingency Measure 
Plan. The August 26, 1994, submittal also contains the Columbia Falls 
PM10 contingency measures and minor revisions to the 
attainment and maintenance demonstrations for the moderate 
PM10 nonattainment area SIP for Columbia Falls. Finally, the 
August 26, 1994, submittal contains revisions to the Flathead County Air 
Pollution Control Program regulations.
    (i) Incorporation by reference.
    (A) Stipulations signed September 15, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: A-1 Paving; Equity Supply Company; Flathead Road Dept. (two 
stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; and 
Montana Mokko.
    (B) Stipulations signed September 17, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc. 
(Evergreen).
    (C) Board Order issued on September 17, 1993, by the Montana Board 
of Health and Environmental Sciences enforcing emissions limitations 
specified by stipulations signed by both the Montana Department of 
Health and Environmental Services and participating facilities. The 
participating facilities included: A-1 Paving; Equity Supply Company; 
Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.; 
McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack 
Concrete; and Plum Creek Inc. (Evergreen).
    (D) Flathead County Board of Commissioners Resolution No. 867B, 
dated April 4, 1994, adopting the Flathead County Air Pollution Control 
Program.
    (E) Board Order issued May 20, 1994, by the Montana Board of Health 
and Environmental Sciences approving the Flathead County Air Pollution 
Control Program.
    (F) Flathead County Air Pollution Control Program, including all 
regulations found in Chapter VIII, Sub-Chapters 1-6, effective May 20, 
1994.
    (ii) Additional material.
    (A) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (B) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (41) The Governor of Montana submitted revisions to the Missoula 
City-County Air Pollution Control Program in a letter dated March 3, 
1995. In addition, the March 3, 1995 submittal satisfies the one 
remaining commitment made by the State in its original PM10 
moderate nonattainment area SIP.
    (i) Incorporation by reference.
    (A) Board order issued on September 16, 1994 by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program Chapters IX and XVI regarding, 
among other things, emergency procedures, paving of private roads, 
driveways, and parking lots, National standards of performance for new 
stationary sources, National Emission Standards for Hazardous Air 
Pollutants, and solid fuel burning devices.
    (B) Missoula City-County Rule 401, Missoula County Air Stagnation 
Plan, effective September 16, 1994.
    (C) Missoula City-County Rule 1401, Prevent Particulate Matter from 
Being Airborne, effective September 16, 1994.
    (D) Missoula City-County Rule 1423, Standard of Performance for New 
Stationary Sources, effective September 16, 1994.
    (E) Missoula City-County Rule 1424, Emission Standards for Hazardous 
Air Pollutants, effective September 16, 1994.
    (F) Missoula City-County Rule 1428, Solid Fuel Burning Devices, 
effective September 16, 1994.

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    (G) Missoula City-County Air Pollution Control Program Chapter XVI, 
Amendments and Revisions, effective September 16, 1994.
    (42) On May 22, 1995, the Governor of Montana submitted revisions to 
the prevention of significant deterioration regulations in the 
Administrative Rules of Montana to incorporate changes in the Federal 
PSD permitting regulations for PM-10 increments.
    (i) Incorporation by reference
    (A) Revisions to the Administrative Rules of Montana (ARM), rules 
16.8.945(3)(c), 16.8.945(21)(d), 16.8.945(24)(d), 16.8.947(1), 
16.8.953(7)(a), and 16.8.960(4), effective 10/28/94.
    (43) On May 22, 1995, the Governor of Montana submitted revisions to 
the plan, which included revisions to the State's open burning 
regulation and other minor administrative revisions.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana (ARM), 
16.8.1301-1310, effective September 9, 1994; and
    (B) Revisions to the ARM, 16.8.708, 16.8.946, 16.8.1120, 16.8.1429, 
16.8.1702, 16.8.1802, and 16.8.2003, effective October 28, 1994.
    (44) The Governor of Montana submitted PM10 contingency 
measures and a recodification of the local regulations for Libby, 
Montana in a letter dated March 15, 1995. In addition, the Governor of 
Montana submitted revisions to the local open burning regulations and 
other minor administrative amendments on May 13, 1996.
    (i) Incorporation by reference.
    (A) Board order issued on December 16, 1994 by the Montana Board of 
Health and Environmental Sciences adopting stipulation of the Montana 
Department of Health and Environmental Sciences and Stimson Lumber 
Company.
    (B) Board order issued December 16, 1994 by the Montana Board of 
Health and Environmental Sciences adopting the PM10 
contingency measures as part of the Libby air pollution control program.
    (C) Board order issued on February 1, 1996 by the Montana Board of 
Environmental Review approving amendments to the Libby Air Pollution 
Control Program.
    (D) Lincoln Board of Commissioners Resolution No. 377, signed 
September 27, 1995, and Libby City Council Ordinance No. 1507, signed 
November 20, 1995, adopting revisions to the Lincoln County Air 
Pollution Control Program, Sections 75.1.103 through 75.1.719.
    (E) Lincoln County Air Pollution Control Program, Sections 75.1.101 
through 75.1.719, effective December 21, 1995.
    (45) [Reserved]
    (46) The Governor of Montana submitted sulfur dioxide SIP revisions 
for Billings/Laurel on September 6, 1995, August 27, 1996, April 2, 1997 
and July 29, 1998. On March 24, 1999, the Governor submitted a 
commitment to revise the SIP.
    (i) Incorporation by Reference.
    (A) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Cenex Harvest 
Cooperatives, including the stipulation and exhibit A and attachments to 
exhibit A, except for the following:
    (1) Paragraph 20 of the stipulation;
    (2) Section 3(A)(1)(d) of exhibit A;
    (3) The following phrase from section 3(B)(2) of exhibit A: ``except 
that those sour water stripper overheads may be burned in the main crude 
heater (and exhausted through the main crude heater stack) or in the 
flare during periods when the FCC CO boiler is unable to burn the sour 
water stripper overheads from the ``old'' SWS, provided that such 
periods do not exceed 55 days per calendar year and 65 days for any two 
consecutive calendar years.'';
    (4) Section 4(B) of exhibit A;
    (5) Section 4(D) of exhibit A; and
    (6) Method 6A of attachment 2 of exhibit A.
    (B) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Conoco, Inc., including 
the stipulation and exhibit A and attachments to exhibit A, except for 
paragraph 20 of the stipulation.

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

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

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17.8.733 (excluding 17.8.733(1)(c)), effective 8/23/96; section 
17.8.734, effective 8/23/96; section 17.8.801, effective 6/26/98; 
section 17.8.802, effective 9/9/97; sections 17.8.804-809, effective 8/
23/96; sections 17.8.818-828, effective 8/23/96; section 17.8.901, 
effective 6/26/98; section 17.8.902, effective 9/9/97; sections 
17.8.904-906, effective 8/23/96; section 17.8.1001, effective 8/23/96; 
section 17.8.1002, effective 9/9/97; sections 17.8.1004-1007, effective 
8/23/96; section 17.8.1101, effective 8/23/96; section 17.8.1102, 
effective 9/9/97; section 17.8.1103, effective 8/23/96; and sections 
17.8.1106-1111, effective 8/23/96.
    (B) April 27, 2000 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection 
Agency, Region 8.
    (C) Board Order issued on September 24, 1999, by the Montana Board 
of Environmental Review approving the Yellowstone County Air Pollution 
Control Program.
    (D) Yellowstone County Air Pollution Control Program, Regulation No. 
002 Open Burning, effective September 24, 1999.
    (E) March 6, 2001 letter from Robert Habeck, Montana Department of 
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the 
effective date of the Yellowstone County Air Pollution Control Program 
Regulation No. 002 Open Burning.
    (F) Previously approved in paragraph (c)(49)(i)(A) under Subchapter 
7: Permit, Construction, and Operation of Air Contaminant Sources. These 
sections are now deleted without replacement: ARM 17.8.701, Definitions; 
ARM 17.8.702, Incorporation by Reference (excluding 17.8.702(1)(f)); ARM 
17.8.704, General Procedures for Air Quality Preconstruction Permitting; 
17.8.705, When Permit Required-Exclusions; 17.8.706, New or Altered 
Sources and Stacks-Permit Application Requirements; 17.8.707 Waivers; 
17.8.710, Conditions for Issuance of Permit; 17.8.715, Emission Control 
Requirements; 17.8.716, Inspection of Permit; 17.8.717, Compliance with 
Other Statutes and Rules; 17.8.720, Public Review of Permit 
Applications; 17.8.730, Denial of Permit; 17.8.731, Duration of Permit; 
17.8.732, Revocation of Permit; 17.8.733, Modification of Permit; 
17.8.734, Transfer of Permit, as adopted by Montana on 12/9/1996 and 
effective 12/27/2002.
    (ii) Additional Material.
    (A) April 5, 2000 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection 
Agency, Region 8.
    (B) February 14, 2001 letter from Don Vidrine, Montana Department of 
Environmental Quality, to Dick Long, U.S. Environmental Protection 
Agency, Region 8.
    (50) On February 9, 2001, the Governor of Montana submitted 
revisions to Montana's Emergency Episode Avoidance Plan and Cascade 
County Air Pollution Control Program Regulation Chapter 7, Open Burning.
    (i) Incorporation by reference.
    (A) Board Order issued on October 16, 2000, by the Montana Board of 
Environmental Review approving the Cascade County Air Pollution Control 
Program.
    (B) Cascade County Air Pollution Control Program, Regulation Chapter 
7, Open Burning, effective October 16, 2000.
    (C) March 16, 2001 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the 
effective date of the Cascade County Air Pollution Control Program 
Regulation Chapter 7, Open Burning.
    (51) The Governor of Montana submitted the East Helena Lead SIP 
revisions with letters dated August 16, 1995, July 2, 1996, and October 
20, 1998. The revisions address regulating lead emission from Asarco, 
American Chemet and re-entrained road dust from the streets of East 
Helena. The revisions supersede the Lead Plan submitted to EPA on 
September 29, 1983 (see paragraph (c)(15) of this section).
    (i) Incorporation by Reference.
    (A) Board order issued on August 28, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the August 13, 1998 
stipulation of the Montana Department of Environmental Quality and 
Asarco.
    (B) Board order issued on June 26, 1996, by the Montana Board of 
Environmental Review adopting and incorporating the June 11, 1996 
stipulation of the Montana Department of Environmental Quality and 
Asarco including

[[Page 331]]

exhibit A and attachments to the stipulation, excluding paragraphs 15 
and 16 of the stipulation, and excluding the following:
    (1) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(22) of exhibit A;
    (2) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(28) of exhibit A;
    (3) The words, ``or an equivalent procedure'' in the second sentence 
in section 5(G) of exhibit A;
    (4) The sentence, ``Any revised documents are subject to review and 
approval by the Department as described in section 12,'' from section 
6(E) of exhibit A;
    (5) The words, ``or a method approved by the Department in 
accordance with the Montana Source Testing Protocol and Procedures 
Manual shall be used to measure the volumetric flow rate at each 
location identified,'' in section 7(A)(2) of exhibit A;
    (6) The sentence, ``Such a revised document shall be subject to 
review and approval by the Department as described in section 12,'' in 
section 11(C) of exhibit A;
    (7) The sentences, ``This revised Attachment shall be subject to the 
review and approval procedures outlined in section 12(B). The Baghouse 
Maintenance Plan shall be effective only upon full approval of the plan, 
as revised. This approval shall be obtained from the Department by 
January 6, 1997. This deadline shall be extended to the extent that the 
Department has exceeded the time allowed in section 12(B) for its review 
and approval of the revised document,'' in section 12(A)(7) of exhibit 
A;
    (8) Section 12(B) of exhibit A.
    (C) Board order issued on August 4, 1995, by the Montana Board of 
Environmental Review adopting and incorporating the June 30, 1995 
stipulation of the Montana Department of Environmental Quality and 
American Chemet including exhibit A to the stipulation, excluding 
paragraph 20 of the stipulation.
    (ii) Additional material.
    (A) All portions of the August 16, 1995 East Helena Pb SIP submitted 
other than the orders, stipulations and exhibit A's and attachments to 
the stipulations.
    (B) All portions of the July 2, 1996 East Helena Pb SIP submitted 
other than the orders, stipulations and exhibit A's and attachments to 
the stipulations.
    (C) All portions of the October 20, 1998 East Helena Pb SIP 
submitted other than the orders, stipulations and exhibit A's and 
attachments to the stipulations.
    (D) November 16, 1999 letter from Art Compton, Division 
Administrator, Planning, Prevention and Assistance Division, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
and Radiation Program, EPA Region VIII.
    (E) September 9, 1998 letter from Richard A. Southwick, Point Source 
SIP Coordinator, Montana Department of Environmental Quality, to Richard 
R. Long, Director, Air and Radiation Program, EPA Region VIII.
    (52) The Governor of Montana submitted sulfur dioxide 
(SO2) SIP revisions for Billings/Laurel on July 29, 1998 and 
May 4, 2000. EPA is approving some of the provisions of the July 29, 
1998 submittal that it did not approve before. The May 4, 2000 submittal 
revises some previously approved provisions of the Billings/Laurel 
SO2 SIP and adds new provisions.
    (i) Incorporation by reference.
    (A) Sections 3(B)(2) and 4(D) (excluding ``or the flare'' and ``or 
in the flare'' in both sections), 3(A)(1)(d) and 4(B) of Cenex Harvest 
States Cooperatives' exhibit A to the stipulation between the Montana 
Department of Environmental Quality and Cenex Harvest States 
Cooperatives, adopted June 12, 1998 by Board Order issued by the Montana 
Board of Environmental Review.
    (B) Board Order issued March 17, 2000 by the Montana Board of 
Environmental Review adopting and incorporating the February 14, 2000 
stipulation between the Montana Department of Environmental Quality and 
Cenex Harvest States Cooperatives. This stipulation revises attachment 
2 to Cenex Harvest States Cooperatives' exhibit A to require 
the use of method 6A-1.
    (C) Sections 3(E)(4) and 4(E) (excluding ``or in the flare'' and 
``or the flare'' in both sections), 3(A)(2), 3(B)(2),

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3(B)(3), 4(B) and 6(B)(3) of Exxon's exhibit A to the stipulation 
between the Montana Department of Environmental Quality and Exxon, 
adopted June 12, 1998 by Board Order issued by the Montana Board of 
Environmental Review.
    (D) Board Order issued March 17, 2000, by the Montana Board of 
Environmental Review adopting and incorporating the February 14, 2000 
stipulation between the Montana Department of Environmental Quality and 
Exxon Mobil Corporation. The stipulation adds the following to Exxon 
Mobil Corporation's exhibit A: method 6A-1 of attachment 
2 and sections 2(A)(11)(d), 4(C), 7(B)(1)(j) and 7(C)(1)(l). 
The stipulation revises the following sections of Exxon Mobil 
Corporation's exhibit A: 3 (introductory text only), 3(A) (introductory 
text only), 3(A)(1), 3(B) (introductory text only), 3(B)(1), 3(E)(3), 
6(B)(7), 7(B)(1)(d), 7(C)(1)(b), 7(C)(1)(d), and 7(C)(1)(f).
    (E) Board Order issued on March 17, 2000, by the Montana Board of 
Environmental Review adopting and incorporating the February 14, 2000 
stipulation between the Montana Department of Environmental Quality and 
Yellowstone Energy Limited Partnership (YELP). The stipulation revises 
the following sections of YELP's exhibit A: sections 3(A)(1) through (3) 
and 7(C)(1)(b).
    (53) The Governor of Montana submitted minor revisions to Asarco's 
control strategy in the East Helena Lead SIP on November 27, 2000.
    (i) Incorporation by reference.
    (A) Board order issued on September 15, 2000, by the Montana Board 
of Environmental Review adopting and incorporating the stipulation of 
the Montana Department of Environmental Quality and Asarco dated July 
18, 2000. The July 18, 2000 stipulation revises the following sections 
in the previously adopted exhibit A to the stipulation: 1(B(4), 1(B)(5), 
3(A)(3), 3(A)(4), 3(A)(12)(a), 3(A)(12)(i), 3(A)(12)(m), 3(A)(12)(o), 
3(A)(12)(p), 3(A)(12)(q), 3(A)(12)(r), 3(A)(16)(a), 5(D)(1), 5(D)(2), 
5(G)(4), 8(A),(2), 8(A)(3), 9(B)(2), and 9(B)(3). These revisions, which 
became effective on September 15, 2000, replace the same-numbered 
sections in previously approved SIP revisions.
    (54) The Governor of Montana submitted revisions to the Missoula 
City-County Air Pollution Control Program with a letter dated April 30, 
2001. The revisions completely replace the previous version of the 
program regulations in the SIP.
    (i) Incorporation by reference.
    (A) November 17, 2000 Montana Board of Environmental Review order 
approving revisions to the Missoula City-County Air Pollution Control 
Program regulations.
    (B) Missoula City-County Air Pollution Control Program regulations 
as follows: Chapter 1, Program Authority and Administration; Chapter 2, 
Definitions; Chapter 3, Failure To Attain Standards; Chapter 4, Missoula 
County Air Stagnation and Emergency Episode Avoidance Plan; Chapter 5, 
General Provisions, Rules 5.101-5.103, 5.105-5.106, and 5.112; Chapter 
6, Standards for Stationary Sources, Subchapter 1, Air Quality Permits 
for Air Pollutant Sources, Rules 6.101-6.103 and 6.105-6.109, Subchapter 
5, Emission Standards, Rules 6.501-6.504, Subchapter 6, Incinerators, 
Rules 6.601-6.604, and Subchapter 7, Wood Waste Burners, Rules 6.701-
6.703; Chapter 7, Outdoor Burning; Chapter 8, Fugitive Particulate; 
Chapter 9, Solid Fuel Burning Devices; Chapter 10, Fuels; Chapter 11, 
Motor Vehicles; Chapter 14, Enforcement and Administrative Procedures; 
Chapter 15, Penalties; Appendix A, Maps; Appendix B, Missoula's 
Emergency Episode Avoidance Plan Operations and Procedures; and Appendix 
D, Oxygenated Fuels Program Sampling Requirements for Blending 
Facilities, effective November 17, 2000.
    (55) On April 30, 2001, May 21, 2001 and December 20, 2001, the 
Governor of Montana submitted revisions to the Administrative Rules of 
Montana. The State revised its Incorporation by Reference Rules and 
repealed a Sulfur Oxide Emissions--Primary Copper Smelter rule (ARM 
17.8.323). ARM 17.8.323, last incorporated by reference at 40 CFR 
52.1370(c)(49)(i)(A), is removed from the SIP.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.102(1)(a), 
(b), (c) and (d), effective 8/10/01; 17.8.103(1)(m), (n), (o), and (p), 
effective 8/10/01;

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17.8.302(1)(d), (e) and (f), effective 8/10/01; 17.8.602(1) and (2), 
effective 8/10/01; 17.8.702(1)(g), effective 8/10/01; 17.8.902(1)(e), 
effective 8/10/01; and 17.8.1002(1)(e), effective 8/10/01.
    (B) Previously approved in paragraph (c)(55)(i)(A) under Subchapter 
7: Permit Construction and Operation of Air Contaminant Sources. This 
section is now deleted without replacement: ARM 17.8.702(1)(g), 
Incorporation by Reference, as adopted by Montana on 7/20/2001 and 
effective 12/27/2002.
    (56) On August 26, 1999, the Governor of Montana submitted 
Administrative Rules of Montana Sub-Chapter 14, ``Conformity of General 
Federal Actions'' that incorporates conformity of general federal 
actions to state or federal implementation plans, implementing 40 CFR 
part 93, subpart B into State regulation.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana 17.8.1401, and 17.8.1402 
effective June 4, 1999.
    (57) [Reserved]
    (58) On April 30, 2001, the Governor of Montana submitted a request 
to add a credible evidence rule to the Administrative Rules of Montana 
(ARM). ARM 17.8.132--``Credible Evidence'' has been approved into the 
SIP.
    (i) Incorporation by reference.
    (A) ARM 17.8.132 effective December 8, 2000.
    (59) On October 28, 2002, the Governor of Montana submitted 
revisions to the Administrative Rules of Montana (ARM). The State 
revised its Incorporation by Reference rules (ARM 17.8.102, 17.8.302) 
and revised the definition of volatile organic compounds to incorporate 
by reference the federal regulation (ARM 17.8.101, 17.8.801, 17.8.901). 
Additional minor changes were made to ARM 17.8.401, 17.8.1005 and the 
Yellowstone County Air Pollution Control Program Regulation No. 002.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.101(41), 
17.8.102(a) and (d), 17.8.302(1)(f), 17.8.401(1)(b)(v), 17.8.801(29), 
17.8.901(20) and 17.8.1005(6), effective 6/28/02.
    (B) Yellowstone County Air Pollution Control Program, Regulation No. 
002, (H)(4)(b)(i), effective June 7, 2002.
    (60) On June 26, 1997, the Governor of Montana submitted the 
Thompson Falls Air Pollution Control Plan and on June 13, 2000, the 
Governor submitted revisions to the June 26, 1997, submittal. On 
February 28, 1999, the Governor of Montana withdrew all chapters of the 
Thompson Falls Air Pollution Control Plan submitted on June 26, 1997, 
except chapters 45.2, 45.10.10, and 45.10.12. EPA is approving sections 
45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air Pollution Control 
Plan.
    (i) Incorporation by reference.
    (A) Board Order issued June 20, 1997, by the Montana Board of 
Environmental Review, as reprinted in section 45.2.2 of the Thompson 
Falls Air Pollution Control Plan. The Board Order adopts and 
incorporates the May 1997 Maintenance Agreement Between the City of 
Thompson Falls, Montana Department of Transportation, and Montana 
Department of Environmental Quality which contains the control plan for 
the attainment and maintenance of the PM-10 National Ambient Air Quality 
Standards in the Thompson Falls area.
    (B) May 1997 Maintenance Agreement between the City of Thompson 
Falls, Montana Department of Transportation, and Montana Department of 
Environmental Quality, as reprinted in section 45.2.1 of the Thompson 
Falls Air Pollution Control Plan.
    (ii) Additional Material.
    (A) Sections 45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air 
Pollution Control Plan.
    (61) Revisions to State Implementation Plan were submitted by the 
State of Montana on August 20, 2003. The revisions modify definitions 
and references to federal regulations and other materials in the 
Administrative Rules of Montana (ARM). The revisions also delete the 
definition at ARM 17.8.101(43).
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.101(2), 
(8), (9), (12), (19), (20), (22), (23), (30), and (36); 17.8.102; 
17.8.103(1); 17.8.110(2); 17.8.302(1); 17.8.801(1), (3), (4), (6), (20), 
(21), (22), (24), (27) and (28); 17.8.802(1); 17.8.818(2), (3) and (6); 
17.8.819(3); 17.8.821; 17.8.901(1), (11), (12) and (14); 17.8.902(1);

[[Page 334]]

17.8.905(1)(c); and 17.8.1002(1) effective April 11, 2003.
    (62) Revisions to State Implementation Plan were submitted by the 
State of Montana on August 25, 2004. The revisions correct internal 
references to state documents; correct references to, or update 
citations of, Federal documents; and make minor editorial changes.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.130; 
17.8.320(9); 17.8.801(22); 17.8.819; and 17.8.822, effective April 9, 
2004.
    (63) Revisions to State Implementation Plan were submitted by the 
State of Montana on April 18, 2003. The revisions modify the open 
burning rules and references to federal regulations in the 
Administrative Rules of Montana.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 
17.8.302(1)(f); 17.8.601(1), (7) and (10); 17.8.604(1) (except paragraph 
604(1)(a)); 17.8.605(1); 17.8.606(3) and (4); 17.8.610(4); 17.8.612(4) 
and (5); and 17.8.614(1), effective December 27, 2002.
    (64) Revisions to State Implementation Plan were submitted by the 
State of Montana on October 25, 2005. The revisions are to the 
Administrative Rules of Montana and: update the citations and references 
to federal documents and addresses where copies of documents can be 
obtained; and delete the definition of ``public nuisance'' from Sub-
Chapter 1 and the definitions of ``animal matter'' and ``reduction'' 
from Sub-Chapter 3.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.102(1), 
17.8.103(3) and (4); 17.8.302(2), (3) and (4); 17.8.602(2), (3) and (4); 
.17.8.802(2), (3), (4) and (5); 17.8.902(2), (3), (4) and (5); 
17.8.1002(2), (3), (4) and (5); and 17.8.1102(2), (3) and (4), effective 
June 17, 2005.
    (65) On June 28, 2000, the Governor of Montana submitted to EPA 
revisions to the Montana State Implementation Plan. The revisions add 
definitions for PM and PM2.5, ARM 17.8.101(31) and (32) 
respectively, and revise ARM 17.8.308(4) and ARM 17.8.320(6) through 
editorial amendments making the rule more concise and consistent with 
the language in all applicable rules.
    (i) Incorporation by reference. Administrative Rules of Montana 
(ARM) sections: ARM 17.8.101(31) and (32); 17.8.308(4) introductory 
text, and 17.8.308(4)(b) and (c); and 17.8.320(6). March 31, 2000 is the 
effective date of these revised rules effective March 31, 2000.
    (ii) Additional Material. April 16, 2007 letter by the Governor of 
Montana rescinding its statement of certification regarding the 1997 
NAAQS as submitted in June 28, 2000.
    (66) On June 26, 1997, the Governor of Montana submitted the 
Whitefish OM10 Control Plan and on June 13, 2000, the 
Governor submitted revisions to the June 26, 1997 submittal. On February 
28, 1999, the Governor of Montana withdrew all sections of the Whitefish 
PM10 Control Plan submitted on June 26, 1997, except sections 
15.2.7, 15.12.8, and 15.12.10. EPA is approving sections 15.2.7, 
15.12.8, and 15.12.10 of the Whitefish PM10 Control Plan.
    (i) Incorporation by reference.
    (A) Sections 15.2.7, 15.12.8, and 15.12.10 of the Whitefish 
PM10 Control Plan.
    (ii) Additional Material.
    (A) Flathead County Air Pollution Control Program as of June 20, 
1997.
    (67) On December 8, 1997, May 28, 2003, and August 25, 2004, the 
Governor of Montana submitted revisions to the Montana State 
Implementation Plan. The December 8, 1997 submittal adds subsection (6) 
to Administrative Rules of Montana (ARM) section 17.8.316 
(Incinerators); the August 25, 2004 submittal makes a minor revision to 
ARM 17.8.316(5); and, the May 28, 2003 submittal makes minor editorial 
revisions to ARM 17.8.316(6).
    (i) Incorporation by reference. Administrative Rules of Montana 
(ARM) section 17.8.316, Incinerators, effective April 9, 2004.
    (ii) Additional Material.
    (A) October 2, 2007 Letter from MT DEQ to EPA regarding NSPS/MACT 
compliance.
    (68) Revisions to the State Implementation plan which were submitted 
by the State of Montana on November 1, 2006 and November 20, 2007. The 
revisions are to the Administrative Rules of Montana; they make minor 
editorial

[[Page 335]]

and grammatical changes, update the citations and references to federal 
and state laws and regulations, make other minor changes to conform to 
federal regulations, and update links to sources of information.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) section 17.8.101, 
Definitions; effective August 11, 2006.
    (B) Administrative Rules of Montana (ARM) sections: 17.8.102, 
Incorporation by Reference--Publication Dates; 17.8.103, Incorporation 
by Reference and Availability of Referenced Documents; 17.8.302(1)(d), 
Incorporation by Reference; 17.8.602, Incorporation by Reference; 
17.8.801, Definitions; 17.8.818, Review of Major Stationary Sources and 
Major Modifications--Source Applicability and Exemptions; 17.8.901, 
Definitions; 17.8.1007, Baseline for Determining Credit for Emissions 
and Air Quality Offsets; and, 17.8.1102, Incorporation by Reference; all 
effective October 26, 2007.
    (69) [Reserved]
    (70) On May 28, 2003, March 9, 2004, October 25, 2005 and October 
16, 2006, the State of Montana submitted revisions to its State 
Implementation Plan (SIP) that contained new, revised, amended and 
repealed rules pertaining to the issuance of Montana air quality permits 
in addition to minor administrative changes to other subchapters of the 
Administrative Rules of Montana (ARM).
    (i) Incorporation by reference.
    (A) Letter from David L. Klemp, Montana State Air Director, to 
Deborah Lebow Aal, Acting Air Program Director, dated April 29, 2011. 
For certain sections, the following incorporates by reference official 
State of Montana publications of the Administrative Rules of Montana 
that are dated after the effective date shown in the incorporation by 
reference for each section. In these instances, the official publication 
provides a history for the section showing the last effective date of a 
change. For each of these sections, the last effective date of a change 
matches the effective date of the section, showing that the official 
publication reflects the text of the section as of the effective date 
shown in the following incorporation by reference. The sections, their 
effective dates, and the date of the publication are as follows: ARM 
17.8.825, effective 12/27/2002, publication 9/30/2006; ARM 17.8.826, 
effective 12/27/2002, publication 9/30/2006; ARM 17.8.906, effective 12/
27/2002, publication 6/30/2003; ARM 17.8.740, effective 12/27/2002, 
publication 9/30/2006; ARM 17.8.744, effective 12/27/2002, publication 
12/31/2005; ARM 17.8.752, effective 12/27/2002, publication 6/30/2006; 
ARM 17.8.755, effective 12/27/2002, publication 6/30/2006; ARM 17.8.756, 
effective 12/27/2002, publication 6/30/2006; ARM 17.8.767, effective 12/
27/2002, publication 3/31/2004; ARM 17.8.749, effective 10/17/2003, 
publication 6/30/2006; ARM 17.8.759, effective 10/17/2003, publication 
12/31/2003; ARM 17.8.763, effective 10/17/2003, publication 6/30/2006; 
ARM 17.8.764, effective 10/17/2003, publication 6/30/2006; ARM 17.8.602, 
effective 6/17/2005, publication 3/31/2007; ARM 17.8.767, effective 6/
17/2005, publication 6/30/2006; ARM 17.8.802, effective 6/17/2005, 
publication 12/31/2005; ARM 17.8.1102, effective 6/17/2005, publication 
3/31/2007; ARM 17.8.759, effective 12/23/2005, publication 9/30/2006.
    (B) ARM submission dated May 28, 2003.
    (1) The following provisions of the ARM are amended effective 12/27/
2002: 17.8.101, Definitions, (4) ``Air quality preconstruction 
permit,''; 17.8.110, Malfunctions, (7), (8), and (9); 17.8.818, Review 
of Major Stationary Sources and Major Modifications--Source 
Applicability and Exemptions, (1); 17.8.825, Sources Impacting Federal 
Class I Areas--Additional Requirements, (3); 17.8.826, Public 
Participation; 17.8.904, When Montana Air Quality Permit Required; 
17.8.905, Additional Conditions of Montana Air Quality Permit, (1) and 
(4); 17.8.906, Baseline for Determining Credit for Emissions and Air 
Quality Offsets; 17.8.1004, When Montana Air Quality Permit Required; 
17.8.1005, Additional Conditions of Montana Air Quality Permit, (1), (2) 
and (5); 17.8.1106, Visibility Impact Analysis; 17.8.1109, Adverse 
Impact and Federal Land Manager.
    (2) The following new provisions of the ARM are effective 12/27/
2002: 17.8.740, Definitions, (except for the phrase in 17.8.740(2) 
``includes a reasonable period of time for startup and shakedown and''; 
the phrase in 17.8.740(8)(a) ``, except when a permit is not required 
under ARM 17.8.745''; the

[[Page 336]]

phrase in 17.8.740(8)(c) ``, except as provided in ARM 17.8.745''; 
17.8.740(10) ``Negligible risk to the public health, safety, and welfare 
and to the environment''; and 17.8.740(14) ``Routine Maintenance, 
repair, or replacement''); 17.8.743, Montana Air Quality Permits--When 
Required, (except the phrase in 17.8.743(1) ``and 17.8.745,'', the 
phrase in 17.8.743(1)(b) ``asphalt concrete plants, mineral crushers, 
and'', and 17.8.743(1)(c)); 17.8.744, Montana Air Quality Permits--
General Exclusions; 17.8.748, New or Modified Emitting Units--Permit 
Application Requirements; 17.8.749, Conditions For Issuance or Denial of 
Permit, (1), (3), (4), (5), (6), and (8); 17.8.752, Emission Control 
Requirements; 17.8.755, Inspection of Permit; 17.8.756, Compliance with 
Other Requirements; 17.8.759, Review of Permit Applications, (1) through 
(3); 17.8.760, Additional Review of Permit Applications; 17.8.762, 
Duration of Permit; 17.8.763, Revocation of Permit, (1) and (4); 
17.8.764, Administrative Amendment to Permit, (1) (except for the phrase 
in 17.8.764(1)(b) ``unless the increase meets the criteria in ARM 
17.8.745 for a de minimis change not requiring a permit, or''), (2) and 
(3); 17.8.765, Transfer of Permit; 17.8.767, Incorporation by Reference, 
(1)(a) through (c).
    (C) ARM submission dated March 09, 2004.
    (1) The following provisions of the ARM are amended effective 10/17/
2003: 17.8.749, Conditions For Issuance or Denial of Permit, (7); 
17.8.759, Review of Permit Applications; 17.8.763, Revocation of Permit, 
(2) and (3); 17.8.764, Administrative Amendment to Permit, (2) and (3).
    (D) ARM submission dated October 25, 2005.
    (1) The following provisions of the ARM are amended effective 6/17/
2005: 17.8.102, Incorporation by Reference--Publication Dates; 17.8.103, 
Incorporation by Reference and Availability of Referenced Documents; 
17.8.302, Incorporation by Reference; 17.8.602, Incorporation by 
Reference; 17.8.767, Incorporation by Reference, (1)(d) through (g), 
(2), (3), and (4); 17.8.802, Incorporation by Reference; 17.8.902, 
Incorporation by Reference; 17.8.1002, Incorporation by Reference; 
17.8.1102, Incorporation by Reference.
    (E) ARM submission dated October 16, 2006.
    (1) The following provisions of the ARM are amended effective 12/23/
2005: 17.8.759, Review of Permit Applications, (4) through (6).
    (71) The Governor of Montana submitted revisions, reordering and 
renumbering to the Libby County Air Pollution Control Program in a 
letter dated June 26, 2006. The revised Lincoln County regulations focus 
on woodstove emissions, road dust, and outdoor burning emissions.
    (i) Incorporation by reference.
    (A) Before the Board of Environmental Review of the State of Montana 
order issued on March 23, 2006, by the Montana Board of Environmental 
Review approving amendments to the Libby Air Pollution Control Program.
    (B) Libby City Council Resolution No. 1660 signed February 27, 2006 
and Lincoln County Board of Commissioners Resolution No. 725 signed 
February 27, 2006, adopting revisions, reordering and renumbering to the 
Lincoln County Air Pollution Control Program, Health and Environment 
Regulations, Chapter 1--Control on Air Pollution, Subchapter 1--General 
Provisions; Subchapter 2--Solid Fuel Burning Device Regulations; 
Subchapter 3--Dust Control Regulations; Subchapter 4--Outdoor Burning 
Regulations; as revised on February 27, 2006.
    (ii) Additional Material.
    (A) Stipulation signed October 7, 1991, between the Montana 
Department of Health and Environmental Sciences (MDHES), the County of 
Lincoln and the City of Libby, which delineates responsibilities and 
authorities between the MDHES, Lincoln County and Libby.
    (72) On May 28, 2003 the State of Montana submitted revisions to the 
Administrative Rules of Montana (ARM), 17.8.740, Definitions; 17.8.743, 
Montana Air Quality Permits--When Required; and 17.8.764, Administrative 
Amendment to Permit. On June 25, 2010, the State of Montana submitted 
revisions to the ARM, 17.8.745, Montana Air Quality Permits--Exclusion 
for De Minimis Changes.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana, 17.8.740, Definitions; 
17.8.743, Montana Air Quality Permits--When Required, except for the 
phrase in 17.8.743(1)(b), ``asphalt concrete plants,

[[Page 337]]

mineral crushers, and''; and 17.8.764, Administrative Amendment to 
Permit, effective 12/27/2002.
    (B) Administrative Rules of Montana, 17.8.745, Montana Air Quality 
Permits--Exclusion for De Minimis Changes, effective 5/28/2010.

[37 FR 10877, May 31, 1972]

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

    Editorial Note: At 75 FR 4700, Jan. 29, 2010, Sec. 52.1370 was 
amended by adding (c)(68); however, the amendment could not be 
incorporated because (c)(68) already existed. For the convenience of the 
user, the added text is set forth as follows:



Sec. 52.1370  Identification of plan.

                                * * * * *

    (c) * * *
    (68) Revisions to the State Implementation Plan which were submitted 
by the State of Montana on January 16, 2009 and May 4, 2009. The 
revisions are to the Administrative Rules of Montana; they make minor 
editorial and grammatical changes, update the citations and references 
to Federal laws and regulations, and make other minor changes to conform 
to federal regulations.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.102 
Incorporation by Reference--Publication Dates, 17.8.301 Definitions, 
17.8.901 Definitions, and 17.8.1007 Baseline for Determining Credit for 
Emissions and Air Quality Offsets, effective October 24, 2008.
    (B) Administrative Rules of Montana (ARM) section 17.8.308 
Particulate Matter, Airborne, effective February 13, 2009.



Sec. 52.1371  Classification of regions.

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

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


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



Sec. 52.1372  Approval status.

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

[45 FR 2036, Jan. 10, 1980]



Sec. 52.1373  Control strategy: Carbon monoxide.

    (a) On July 8, 1997, the Governor of Montana submitted revisions to 
the SIP narrative for the Missoula carbon monoxide control plan.
    (b) Revisions to the Montana State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Billings, as 
adopted by the Montana Department of Environmental Quality on December 
19, 2000, State effective December 19, 2000, and submitted by the 
Governor on February 9, 2001.
    (c) Revisions to the Montana State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Great Falls, as 
adopted by the Montana Department of Environmental Quality on December 
19, 2000, State effective December 19, 2000, and submitted by the 
Governor on February 9, 2001.

[[Page 338]]

    (d) Revisions to the Montana State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Missoula, as 
approved by the Missoula City-County Air Pollution Control Board on 
January 20, 2005, by the Missoula County Commissioners on January 26, 
2005 and by the Missoula City Council on March 7, 2005; and submitted by 
the Governor on May 27, 2005.

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



Sec. 52.1374  Control strategy: Particulate matter.

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

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



Sec. 52.1375  Control strategy: Lead.

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

[66 FR 55098, Nov. 1, 2001]



Sec. 52.1376  Extensions.

    On October 7, 1993, EPA granted the request by the State for the 
full three years allowed by section 172(b) of the CAA, as amended in 
1990, for submittal of the SIP for the East Helena area to attain and 
maintain the sulfur dioxide secondary NAAQS. Therefore, the SIP for the 
area was due November 15, 1993. The SIP was not submitted by that date.

[61 FR 16062, Apr. 11, 1996]



Sec. 52.1377  [Reserved]



Sec. 52.1378  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial nonecessary by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this

[[Page 339]]

summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

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



Sec. 52.1379  Legal authority.

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

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



Sec. Sec. 52.1380-52.1381  [Reserved]



Sec. 52.1382  Prevention of significant deterioration of air quality.

    (a) The Montana plan, as submitted, is approved as meeting the 
requirements of Part C, Subpart 1 of the Clean Air Act, except that it 
does not apply to sources proposing to construct on Indian Reservations.
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the Montana State implementation 
plan and are applicable to proposed major stationary sources or major 
modifications to be located on Indian Reservations.
    (c)(1) Except as set forth in this paragraph, all areas of Montana 
are designated Class II.
    (2) The Northern Cheyene Indian Reservation is designated Class I.
    (3) The Flathead Indian Reservation is designated Class I.
    (4) The Fort Peck Indian Reservation is designated Class I.

[42 FR 40697, Aug. 11, 1977, as amended at 47 FR 23928, June 2, 1982; 48 
FR 20233, May 5, 1983; 49 FR 4735, Feb. 8, 1984; 53 FR 48645, Dec. 2, 
1988; 55 FR 19262, May 9, 1990; 55 FR 22333, June 1, 1990; 68 FR 11323, 
Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]



Sec. 52.1384  Emission control regulations.

    (a) Administrative Rules of Montana 17.8.309(5)(b) and 
17.8.310(3)(e) of the State's rule regulating fuel burning, which were 
submitted by the Governor on April 14, 1999 and which allow terms of a 
construction permit to override a requirement that has been approved as 
part of the SIP, are disapproved. We cannot approve these provisions 
into the SIP, as it would allow the State to change a SIP requirement 
through the issuance of a permit. Pursuant to section 110 of the Act, to 
change a requirement of the SIP, the State must adopt a SIP revision and 
obtain our approval of the revision.
    (b)(1) In 40 CFR 52.1370(c)(51), we incorporated by reference 
several documents that comprise the East Helena Lead SIP. Sections 
52.1370(c)(51)(i)(B) and (C) indicate that certain provisions of the 
documents that were incorporated by reference were excluded. The 
excluded provisions of Sec. 52.1370(c)(51)(i)(B) and (C) are 
disapproved. These provisions are disapproved because they do not 
entirely conform to the requirement of section 110(a)(2) of the Act that 
SIP limits must be enforceable, nor to the requirement of section 110(i) 
that the SIP can be modified only through the SIP revision process. The 
following phrases, words, or section in exhibit A of the stipulation 
between the Montana Department of Environmental Quality (MDEQ) and 
Asarco, adopted by order issued on June 26, 1996 by the Montana Board of 
Environmental Review (MBER), are disapproved:
    (i) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(22) of exhibit A;
    (ii) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(28) of exhibit A;
    (iii) The words, ``or an equivalent procedure'' in the second 
sentence in section 5(G) of exhibit A;

[[Page 340]]

    (iv) The sentence, ``Any revised documents are subject to review and 
approval by the Department as described in section 12,'' from section 
6(E) of exhibit A;
    (v) The words, ``or a method approved by the Department in 
accordance with the Montana Source Testing Protocol and Procedures 
Manual shall be used to measure the volumetric flow rate at each 
location identified,'' in section 7(A)(2) of exhibit A;
    (vi) The sentence, ``Such a revised document shall be subject to 
review and approval by the Department as described in section 12,'' in 
section 11(C) of exhibit A;
    (vii) The sentences, ``This revised Attachment shall be subject to 
the review and approval procedures outlined in Section 12(B). The 
Baghouse Maintenance Plan shall be effective only upon full approval of 
the plan, as revised. This approval shall be obtained from the 
Department by January 6, 1997. This deadline shall be extended to the 
extent that the Department has exceeded the time allowed in section 
12(B) for its review and approval of the revised document,'' in section 
12(A)(7) of exhibit A; and
    (viii) Section 12(B) of exhibit A.
    (2) Paragraphs 15 and 16 of the stipulation by the MDEQ and Asarco 
adopted by order issued on June 26, 1996 by the MBER are disapproved. 
Paragraph 20 of the stipulation by the MDEQ and American Chemet adopted 
by order issued on August 4, 1995 by the MBER is disapproved.
    (c) Administrative Rules of Montana 17.8.324(1)(c) and 2(d) 
(formerly ARM 16.8.1425(1)(c) and (2)(d)) of the State's rule regulating 
hydrocarbon emissions from petroleum products, which were submitted by 
the Governor on May 17, 1994 and later recodified with a submittal by 
the Governor on September 19, 1997, and which allow the discretion by 
the State to allow different equipment than that required by this rule, 
are disapproved. Such discretion cannot be allowed without requiring EPA 
review and approval of the alternative equipment to ensure that it is 
equivalent in efficiency to that equipment required in the approved SIP.
    (d) In Sec. 52.1370(c)(46), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP and incorporated by reference several 
documents. This paragraph identifies those portions of the Billings/
Laurel SO2 SIP that have been disapproved.
    (1) In Sec. 52.1370(c)(46)(i)(A) through (G), certain provisions of 
the documents incorporated by reference were excluded. The following 
provisions that were excluded by Sec. 52.1370(c)(46)(i)(A) through (G) 
are disapproved. We cannot approve these provisions because they do not 
conform to the requirements of the Clean Air Act:
    (i) The following paragraph and portions of sections of the 
stipulation and exhibit A between the Montana Department of 
Environmental Quality and Cenex Harvest Cooperatives adopted by Board 
Order issued on June 12, 1998, by the Montana Board of Environmental 
Review:
    (A) Paragraph 20 of the stipulation;
    (B) The following phrase from section 3(B)(2) of exhibit A: ``or in 
the flare''; and
    (C) The following phrases in section 4(D) of exhibit A: ``or in the 
flare'' and ``or the flare.''
    (ii) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Conoco, Inc., adopted by Board Order issued 
on June 12, 1998, by the Montana Board of Environmental Review.
    (iii) The following paragraphs and portions of sections of the 
stipulation and exhibit A between the Montana Department of 
Environmental Quality and Exxon Company, USA, adopted by Board Order 
issued on June 12, 1998, by the Montana Board of Environmental Review:
    (A) Paragraphs 1 and 22 of the stipulation;
    (B) The following phrase of section 3(E)(4) of exhibit A: ``or in 
the flare''; and
    (C) The following phrases of section 4(E) of exhibit A: ``or in the 
flare'' and ``or the flare.''
    (iv) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Montana Power Company, adopted by Board 
Order issued on June 12, 1998, by Montana Board of Environmental Review.
    (v) The following paragraphs and sections of the stipulation and 
exhibit A

[[Page 341]]

between the Montana Department of Environmental Quality and Montana 
Sulphur & Chemical Company, adopted by Board Order issued on June 12, 
1998, by the Montana Board of Environmental Review: paragraphs 1, 2 and 
22 of the stipulation; sections 3(A)(1)(a) and (b), 3(A)(3), and 3(A)(4) 
of exhibit A.
    (vi) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Western Sugar Company, adopted by Board 
Order issued on June 12, 1998, by the Montana Board of Environmental 
Review.
    (vii) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Yellowstone Energy Limited Partnership, 
adopted by Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review.
    (2) Section (3)(A)(2) of exhibit A of the stipulation between the 
Montana Department of Environmental Quality and Montana Sulphur & 
Chemical Company, adopted by Board Order issued on June 12, 1998, by the 
Montana Board of Environmental Review, which section 3(A)(2) we approved 
for the limited purpose of strengthening the SIP, is hereby disapproved. 
This limited disapproval does not prevent EPA, citizens, or the State 
from enforcing section 3(A)(2).
    (e) In 40 CFR 52.1370(c)(52), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP for the limited purpose of strengthening the 
SIP. Those provisions that we limitedly approved are hereby limitedly 
disapproved. This limited disapproval does not prevent EPA, citizens, or 
the State from enforcing the provisions. This paragraph identifies those 
provisions of the Billings/Laurel SO2 SIP identified in 40 
CFR 52.1370(c)(52) that have been limitedly disapproved.
    (1) Sections 3(B)(2) and 4(D) (excluding ``or in the flare'' and 
``or the flare'' in both sections, which was previously disapproved in 
paragraphs (d)(1)(i)(B) and (C) above), 3(A)(1)(d) and 4(B) of Cenex 
Harvest State Cooperatives' exhibit A to the stipulation between the 
Montana Department of Environmental Quality and Cenex Harvest State 
Cooperatives, adopted June 12, 1998 by Board Order issued by the Montana 
Board of Environmental Review.
    (2) Method 6A-1 of attachment 2 of Cenex Harvest 
State Cooperatives' exhibit A, as revised pursuant to the stipulation 
between the Montana Department of Environmental Quality and Cenex 
Harvest State Cooperatives, adopted by Board Order issued on March 17, 
2000, by the Montana Board of Environmental Review.
    (3) Sections 3(B)(2), 4(B), and 6(B)(3) of Exxon's exhibit A to the 
stipulation between the Montana Department of Environmental Quality and 
Exxon, adopted on June 12, 1998 by Board Order issued by the Montana 
Board of Environmental Review.
    (4) Sections 2(A)(11)(d), 3(A)(1), 3(B)(1) and 4(C) of Exxon Mobil 
Corporation's exhibit A, as revised pursuant to the stipulation between 
the Montana Department of Environmental Quality and Exxon Mobil 
Corporation, adopted by Board Order issued on March 17, 2000, by the 
Montana Board of Environmental Review.
    (f) Administrative Rules of Montana 17.8.335 of the State's rule 
entitled ``Maintenance of Air Pollution Control Equipment for Existing 
Aluminum Plants,'' submitted by the Governor on January 16, 2003, is 
disapproved. We cannot approve this rule into the SIP because it is 
inconsistent with the Act (e.g., sections 110(a) and 110(l)), prior 
rulemakings and our guidance.

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



Sec. Sec. 52.1385-52.1386  [Reserved]



Sec. 52.1387  Visibility protection.

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

[52 FR 45138, Nov. 24, 1987]

[[Page 342]]



Sec. 52.1388  Stack height regulations.

    The State of Montana has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas 
M. Skie, EPA, dated May 6, 1988, Jeffrey T. Chaffee, Chief, Air Quality 
Bureau, stated:

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

[54 FR 24341, June 7, 1989. Redesignated at 55 FR 19262, May 9, 1990]



Sec. 52.1389  [Reserved]



Sec. 52.1390  Missoula variance provision.

    The Missoula City-County Air Pollution Control Program's Chapter X, 
Variances, which was adopted by the Montana Board of Health and 
Environmental Sciences on June 28, 1991 and submitted by the Governor of 
Montana to EPA in a letter dated August 20, 1991, is disapproved. This 
rule is inconsistent with section 110(i) of the Clean Air Act, which 
prohibits any State or EPA from granting a variance from any requirement 
of an applicable implementation plan with respect to a stationary 
source.

[59 FR 64139, Dec. 13, 1994]



Sec. 52.1391  Emission inventories.

    (a) The Governor of the State of Montana submitted the 1990 carbon 
monoxide base year emission inventories for Missoula and Billings on 
July 18, 1995, as a revision to the State Implementation Plan (SIP). The 
Governor submitted the 1990 carbon monoxide base year emission inventory 
for Great Falls on April 23, 1997, as a revision to the SIP. The 
inventories address emissions from point, area, on-road mobile, and non-
road sources. These 1990 base year carbon monoxide inventories satisfy 
the nonattainment area requirements of the Clean Air Act of section 
187(a)(1) for Missoula and section 172(c)(3) for Billings and Great 
Falls.
    (b) As part of the Thompson Falls Air Pollution Control Plan 
(approved at Sec. 52.1370(c)(60)), the Governor of Montana submitted a 
PM-10 emission inventory for the Thompson Falls area as a SIP revision. 
The PM-10 emission inventory covers the time period of July 1, 1990 
through June 30, 1991.

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



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

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

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


[[Page 343]]


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

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

    (7) EPA means the United States Environmental Protection Agency.
    (8) Exhibit means for a given facility named in paragraph (a) of 
this section, exhibit A to the stipulation of the Montana Department of 
Environmental Quality and that facility, adopted by the Montana Board of 
Environmental Review on either June 12, 1998, or March 17, 2000.
    (9) 1998 Exhibit means for a given facility named in paragraph (a) 
of this section, the exhibit adopted by the Montana Board of 
Environmental Review on June 12, 1998.
    (10) 2000 Exhibit means for a given facility named in paragraph (a) 
of this section, the exhibit adopted by the Montana Board of 
Environmental Review on March 17, 2000.
    (11) Flare means a combustion device that uses an open flame to burn 
combustible gases with combustion air provided by uncontrolled ambient 
air around the flame. This term includes both ground and elevated 
flares.
    (12) The initials Hg mean mercury.
    (13) Hourly means or refers to each clock hour in a calendar day.
    (14) Hourly Average means an arithmetic average of all valid and 
complete 15-minute data blocks in a clock hour. Four (4) valid and 
complete 15-minute data blocks are required to determine an hourly 
average for each CEMS per clock hour.
    Exclusive of the above definition, an hourly CEMS average may be 
determined with two (2) valid and complete 15-minute data blocks, for 
two (2) of the 24 hours in any calendar day. A complete 15-minute data 
block for each CEMS shall have a minimum of one (1) data point value; 
however, each CEMS shall be operated such that all valid data points 
acquired in any 15-minute block shall be used to determine the 15-minute 
block's reported concentration and flow rate.
    (15) Hourly Emissions means the pounds per clock hour of 
SO2 emissions from a source (including, but not limited to, a 
flare, stack, fuel oil system, sour water system, or fuel gas system) 
determined using hourly averages and rounded to the nearest tenth (\1/
10\) of a pound.
    (16) The initials H2S mean hydrogen sulfide.
    (17) Integrated sampling means an automated method of obtaining a 
sample from the gas stream to the flare that produces a composite sample 
of individual aliquots taken over time.
    (18) The initials MBER mean the Montana Board of Environmental 
Review.
    (19) The initials MDEQ mean the Montana Department of Environmental 
Quality.
    (20) The initials mm mean millimeters.
    (21) The initials MSCC mean the Montana Sulphur & Chemical Company.
    (22) Pilot gas means the gas used to maintain the presence of a 
flame for ignition of gases routed to a flare.
    (23) Purge gas means a continuous gas stream introduced into a flare 
header, flare stack, and/or flare tip for the purpose of maintaining a 
positive flow that prevents the formation of an explosive mixture due to 
ambient air ingress.
    (24) The initials ppm mean parts per million.
    (25) The initials SCFH mean standard cubic feet per hour.
    (26) The initials SCFM mean standard cubic feet per minute.
    (27) Standard Conditions means (a) 20 [deg]C (293.2 [deg]K, 527.7 
[deg]R, or 68.0 [deg]F) and one (1) atmosphere pressure (29.92 inches

[[Page 344]]

Hg or 760 mm Hg) for stack and flare gas emission calculations, and (b) 
15.6 [deg]C (288.7 [deg]K, 520.0 [deg]R, or 60.3 [deg]F) and one (1) 
atmosphere pressure (29.92 inches Hg or 760 mm Hg) for refinery fuel gas 
emission calculations.
    (28) The initials SO2 mean sulfur dioxide.
    (29) The initials SWS mean sour water stripper.
    (30) The term 3-hour emissions means the amount of SO2 
emitted in each of the eight (8) non-overlapping 3-hour periods in a 
calendar day, expressed in pounds and rounded to the nearest tenth (\1/
10\) of a pound, where:

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

    (31) The term 3-hour period means any of the eight (8) non-
overlapping 3-hour periods in a calendar day: Midnight to 3 a.m., 3 a.m. 
to 6 a.m., 6 a.m. to 9 a.m., 9 a.m. to noon, noon to 3 p.m., 3 p.m. to 6 
p.m., 6 p.m. to 9 p.m., 9 p.m. to midnight.
    (32) Turnaround means a planned activity involving shutdown and 
startup of one or several process units for the purpose of performing 
periodic maintenance, repair, replacement of equipment, or installation 
of new equipment.
    (33) Valid means data that are obtained from a monitor or meter 
serving as a component of a CEMS which meets the applicable 
specifications, operating requirements, and quality assurance and 
control requirements of section 6 of ConocoPhillips', CHS Inc.'s, 
ExxonMobil's, and MSCC's 1998 exhibits, respectively, and this section.
    (d) CHS Inc. emission limits and compliance determining methods.
    (1) Introduction. The provisions for CHS Inc. cover the following 
units:
    (i) The flare.
    (ii) Combustion sources, which consist of those sources identified 
in the combustion sources emission limit in section 3(A)(1)(d) of CHS 
Inc.'s 1998 exhibit.
    (2) Flare requirements.
    (i) Emission limit. The total emissions of SO2 from the 
flare shall not exceed 150.0 pounds per 3-hour period.
    (ii) Compliance determining method. Compliance with the emission 
limit in paragraph (d)(2)(i) of this section shall be determined in 
accordance with paragraph (h) of this section.
    (3) Combustion sources.
    (i) Restrictions. Sour water stripper overheads (ammonia 
(NH3) and H2S gases removed from the sour water in 
the sour water stripper) shall not be burned in the main crude heater. 
At all times, CHS Inc. shall keep a chain and lock on the valve that 
supplies sour water stripper overheads from the old sour water stripper 
to the main crude heater and shall keep such valve closed.
    (ii) Compliance determining method. CHS Inc. shall log and report 
any noncompliance with the requirements of paragraph (d)(3)(i) of this 
section.
    (4) Data reporting requirements.
    (i) CHS Inc. shall submit quarterly reports beginning with the first 
calendar quarter following May 21, 2008. The quarterly reports shall be 
submitted within 30 days of the end of each calendar quarter. The 
quarterly reports shall be submitted to EPA at the following address: 
Air Program Contact, EPA Montana Operations Office, Federal Building, 10 
West 15th Street, Suite 3200, Helena, MT 59626.
    The quarterly report shall be certified for accuracy in writing by a 
responsible CHS Inc. official. The quarterly report shall consist of 
both a comprehensive electronic-magnetic report and a written hard copy 
data summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, CHS Inc. shall follow the 
revised format. In addition to submitting the electronic quarterly 
reports to EPA, CHS Inc. shall also record, organize, and archive for at 
least five (5) years the same data, and upon request by EPA, CHS Inc. 
shall provide EPA with any data archived in accordance with this 
provision. The electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm in the gas stream to the flare;

[[Page 345]]

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

[[Page 346]]

flare, but not both at the same time) shall not exceed 150.0 pounds per 
3-hour period.
    (B) Emissions of SO2 from the Jupiter Sulfur SRU flare 
and the Jupiter Sulfur SRU/ATS stack (also referred to as the Jupiter 
Sulfur SRU stack) shall not exceed 75.0 pounds per 3-hour period, 600.0 
pounds per calendar day, and 219,000 pounds per calendar year.
    (ii) Compliance determining method.
    (A) Compliance with the emission limit in paragraph (e)(2)(i)(A) of 
this section shall be determined in accordance with paragraph (h) of 
this section. In the event that a single monitoring location cannot be 
used for both the north and south main flare, ConocoPhillips shall 
monitor the flow and measure the total sulfur concentration at more than 
one location in order to determine compliance with the main flare 
emission limit. ConocoPhillips shall log and report any instances when 
emissions are vented from the north main flare and south main flare 
simultaneously.
    (B) Compliance with the emission limits and requirements in 
paragraph (e)(2)(i)(B) of this section shall be determined by summing 
the emissions from the Jupiter Sulfur SRU flare and SRU/ATS stack. 
Emissions from the Jupiter Sulfur SRU flare shall be determined in 
accordance with paragraph (h) of this section and the emissions from the 
Jupiter Sulfur SRU/ATS stack shall be determined pursuant to 
ConocoPhillips' 1998 exhibit (see section 4(A) of the exhibit).
    (3) Data reporting requirements.
    (i) ConocoPhillips shall submit quarterly reports on a calendar year 
basis, beginning with the first calendar quarter following May 21, 2008. 
The quarterly reports shall be submitted within 30 days of the end of 
each calendar quarter. The quarterly reports shall be submitted to EPA 
at the following address: Air Program Contact, EPA Montana Operations 
Office, Federal Building, 10 West 15th Street, Suite 3200, Helena, MT 
59626.
    The quarterly report shall be certified for accuracy in writing by a 
responsible ConocoPhillips official. The quarterly report shall consist 
of both a comprehensive electronic-magnetic report and a written hard 
copy data summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, ConocoPhillips shall follow 
the revised format. In addition to submitting the electronic quarterly 
reports to EPA, ConocoPhillips shall also record, organize, and archive 
for at least five (5) years the same data, and upon request by EPA, 
ConocoPhillips shall provide EPA with any data archived in accordance 
with this provision. The electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm in the gas stream to the ConocoPhillips main flare 
and Jupiter Sulfur SRU flare;
    (B) Hourly average H2S concentrations of the 
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge 
gases in ppm;
    (C) Hourly average volumetric flow rates in SCFH of the gas streams 
to the ConocoPhillips main flare and Jupiter Sulfur SRU flare;
    (D) Hourly average volumetric flow rates in SCFH of the 
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge 
gases;
    (E) Hourly average temperature (in [deg]F) and pressure (in mm or 
inches of Hg) of the gas streams to the ConocoPhillips main flare and 
Jupiter Sulfur SRU flare;
    (F) Hourly emissions in pounds per clock hour from the 
ConocoPhillips main flare and Jupiter Sulfur SRU flare; and
    (G) Daily calibration data for all flare, pilot gas, and purge gas 
CEMS.
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from the 
ConocoPhillips main flare and the sum of the combined 3-hour emissions 
from the Jupiter Sulfur SRU/ATS stack and Jupiter Sulfur SRU flare in 
pounds per 3-hour period;

[[Page 347]]

    (B) Periods in which only natural gas or an inert gas was used as 
flare pilot gas or purge gas or both;
    (C) The results of all quarterly Cylinder Gas Audits (CGA), Relative 
Accuracy Audits (RAA), and annual Relative Accuracy Test Audits (RATA) 
for all total sulfur analyzer(s) and H2S analyzer(s), and the 
results of all annual calibrations and verifications for the volumetric 
flow, temperature, and pressure monitors;
    (D) For all periods of flare volumetric flow rate monitoring system 
or total sulfur analyzer system downtime, flare pilot gas or purge gas 
volumetric flow or H2S analyzer system downtime, or failure 
to obtain or analyze a grab or integrated sample, the written report 
shall identify:
    (1) Dates and times of downtime or failure;
    (2) Reasons for downtime or failure;
    (3) Corrective actions taken to mitigate downtime or failure; and
    (4) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (E) For all periods that the range of the flare or any pilot or 
purge gas volumetric flow rate monitor(s), any flare total sulfur 
analyzer(s), or any pilot or purge gas H2S analyzer(s) is 
exceeded, the written report shall identify:
    (1) Date and time when the range of the volumetric flow monitor(s), 
total sulfur analyzer(s), or H2S analyzer(s) was exceeded, 
and
    (2) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (F) For all periods that the flare volumetric flow monitor or 
monitors are recording flow, yet any Flare Water Seal Monitoring Device 
indicates there is no flow, the written report shall identify:
    (1) Date, time, and duration when the flare volumetric flow 
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device 
indicated there was no flow;
    (G) Identification of dates, times, and duration of any instances 
when emissions were vented from the north and south main flares 
simultaneously;
    (H) For each 3-hour period in which a flare emission limit is 
exceeded, the written report shall identify:
    (1) The date, start time, and end time of the excess emissions;
    (2) Total hours of operation with excess emissions, the hourly 
emissions, and the 3-hour emissions;
    (3) All information regarding reasons for operating with excess 
emissions; and
    (4) Corrective actions taken to mitigate excess emissions; and
    (I) When no excess emissions have occurred or the continuous 
monitoring system(s) or manual system(s) have not been inoperative, 
repaired, or adjusted, such information shall be stated in the report.
    (f) ExxonMobil emission limits and compliance determining methods.
    (1) Introduction. The provisions for ExxonMobil cover the following 
units:
    (i) The Primary process flare and the Turnaround flare. The Primary 
process flare is the flare normally used by ExxonMobil. The Turnaround 
flare is the flare ExxonMobil uses for about 30 to 40 days every 5 to 6 
years when the facility's major SO2 source, the fluid 
catalytic cracking unit, is not normally operating.
    (ii) The following refinery fuel gas combustion units: The FCC CO 
Boiler, F-2 crude/vacuum heater, F-3 unit, F-3X unit, F-5 unit, F-700 
unit, F-201 unit, F-202 unit, F-402 unit, F-551 unit, F-651 unit, 
standby boiler house (B-8 boiler), and Coker CO Boiler (only when the 
Yellowstone Energy Limited Partnership (YELP) facility is receiving 
ExxonMobil Coker unit flue gas or whenever the ExxonMobil Coker is not 
operating).
    (iii) Coker CO Boiler stack.
    (2) Flare requirements.
    (i) Emission limit. The total combined emissions of SO2 
from the Primary process and Turnaround refinery flares shall not exceed 
150.0 pounds per 3-hour period.
    (ii) Compliance determining method. Compliance with the emission 
limit in paragraph (f)(2)(i) of this section shall be determined in 
accordance with paragraph (h) of this section. If volumetric flow 
monitoring device(s) installed and concentration monitoring methods used 
to measure the gas stream to the

[[Page 348]]

Primary Process flare cannot measure the gas stream to the Turnaround 
flare, ExxonMobil may apply to EPA for alternative measures to determine 
the volumetric flow rate and total sulfur concentration of the gas 
stream to the Turnaround flare. Before EPA will approve such alternative 
measures, ExxonMobil must agree that the Turnaround flare will be used 
only during refinery turnarounds of limited duration and frequency--no 
more than 60 days once every five (5) years--which restriction shall be 
considered an enforceable part of this FIP. Such alternative measures 
may consist of reliable flow estimation parameters to estimate 
volumetric flow rate and manual sampling of the gas stream to the flare 
to determine total sulfur concentrations, or such other measures that 
EPA finds will provide accurate estimations of SO2 emissions 
from the Turnaround flare.
    (3) Refinery fuel gas combustion requirements.
    (i) Emission limits. The applicable emission limits are contained in 
section 3(A)(1) of ExxonMobil's 2000 exhibit and section 3(B)(2) of 
ExxonMobil's 1998 exhibit.
    (ii) Compliance determining method. For the limits referenced in 
paragraph (f)(3)(i) of this section, the compliance determining methods 
specified in section 4(B) of ExxonMobil's 1998 exhibit shall be followed 
except when the H2S concentration in the refinery fuel gas 
stream exceeds 1200 ppmv as measured by the H2S CEMS required 
by section 6(B)(3) of ExxonMobil's 1998 exhibit (the H2S 
CEMS.) When such value is exceeded, the following compliance monitoring 
method shall be employed:
    (A) ExxonMobil shall measure the H2S concentration in the 
refinery fuel gas according to the procedures in paragraph (f)(3)(ii)(B) 
of this section and calculate the emissions according to the equations 
in paragraph (f)(3)(ii)(C) of this section.
    (B) Within four (4) hours after the H2S CEMS measures an 
H2S concentration in the refinery fuel gas stream greater 
than 1200 ppmv, ExxonMobil shall initiate sampling of the refinery fuel 
gas stream at the fuel header on a once-per-hour frequency using length-
of-stain detector tubes pursuant to ASTM Method D4810-06, ``Standard 
Test Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain 
Detector Tubes'' (incorporated by reference, see paragraph (j) of this 
section) with the appropriate sample tube range. If the results exceed 
the tube's range, another tube of a higher range must be used until 
results are in the tube's range. ExxonMobil shall continue to use the 
length-of-stain detector tube method at this frequency until the 
H2S CEMS measures an H2S concentration in the 
refinery fuel gas stream equal to or less than 1200 ppmv continuously 
over a 3-hour period.
    (C) When the length-of-stain detector tube method is required, 
SO2 emissions from refinery fuel gas combustion shall be 
calculated as follows: the Hourly emissions shall be calculated using 
equation 1, 3-hour emissions shall be calculated using equation 2, and 
the Daily emissions shall be calculated using equation 3.

Equation 1: EH = K * CH * QH

Where:

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

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

    (4) Coker CO Boiler stack requirements.
    (i) Emission limits. When ExxonMobil's Coker unit is operating and 
Coker unit flue gases are burned in the Coker CO Boiler, the applicable 
emission limits are contained in section 3(B)(1) of ExxonMobil's 2000 
exhibit.
    (ii) Compliance determining method.
    (A) Compliance with the emission limits referenced in paragraph 
(f)(4)(i)

[[Page 349]]

of this section shall be determined by measuring the SO2 
concentration and flow rate in the Coker CO Boiler stack according to 
the procedures in paragraphs (f)(4)(ii)(B) and (C) of this section and 
calculating emissions according to the equations in paragraph 
(f)(4)(ii)(D) of this section.
    (B) Beginning on May 21, 2008, ExxonMobil shall operate and maintain 
a CEMS to measure sulfur dioxide concentrations in the Coker CO Boiler 
stack. Whenever ExxonMobil's Coker unit is operating and Coker unit flue 
gases are exhausted through the Coker CO Boiler stack, the CEMS shall be 
operational and shall achieve a temporal sampling resolution of at least 
one (1) concentration measurement per minute, meet the requirements 
expressed in the definition of ``hourly average'' in paragraph (c)(14) 
of this section, and meet the CEMS Performance Specifications contained 
in section 6(C) of ExxonMobil's 1998 exhibit, except that ExxonMobil 
shall perform a Cylinder Gas Audit (CGA) or Relative Accuracy Audit 
(RAA) which meets the requirements of 40 CFR part 60, Appendix F, within 
eight (8) hours of when the Coker unit flue gases begin exhausting 
through the Coker CO Boiler stack. ExxonMobil shall perform an annual 
Relative Accuracy Test Audit (RATA) on the CEMS and notify EPA in 
writing of each annual RATA a minimum of 25 working days prior to actual 
testing.
    (C) Beginning on May 21, 2008, ExxonMobil shall operate and maintain 
a continuous stack flow rate monitor to measure the stack gas flow rates 
in the Coker CO Boiler stack. Whenever ExxonMobil's Coker unit is 
operating and Coker unit flue gases are exhausted through the Coker CO 
Boiler stack, this CEMS shall be operational and shall achieve a 
temporal sampling resolution of at least one (1) flow rate measurement 
per minute, meet the requirements expressed in the definition of 
``hourly average'' in paragraph (c)(14) of this section, and meet the 
Stack Gas Flow Rate Monitor Performance Specifications of section 6(D) 
of ExxonMobil's 1998 exhibit, except that ExxonMobil shall perform an 
annual Relative Accuracy Test Audit (RATA) on the CEMS and notify EPA in 
writing of each annual RATA a minimum of 25 working days prior to actual 
testing.
    (D) SO2 emissions from the Coker CO Boiler stack shall be 
determined in accordance with the equations in sections 2(A)(1), (8), 
(11)(a), and (16) of ExxonMobil's 1998 exhibit.
    (5) Data reporting requirements.
    (i) ExxonMobil shall submit quarterly reports beginning with the 
first calendar quarter following May 21, 2008. The quarterly reports 
shall be submitted within 30 days of the end of each calendar quarter. 
The quarterly reports shall be submitted to EPA at the following 
address: Air Program Contact, EPA Montana Operations Office, Federal 
Building, 10 West 15th Street, Suite 3200, Helena, MT 59626.
    The quarterly report shall be certified for accuracy in writing by a 
responsible ExxonMobil official. The quarterly report shall consist of 
both a comprehensive electronic-magnetic report and a written hard copy 
data summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, ExxonMobil shall follow the 
revised format. In addition to submitting the electronic quarterly 
reports to EPA, ExxonMobil shall also record, organize, and archive for 
at least five (5) years the same data, and upon request by EPA, 
ExxonMobil shall provide EPA with any data archived in accordance with 
this provision. The electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm in the gas stream to the flare(s);
    (B) Hourly average H2S concentrations of the flare pilot 
and purge gases in ppm;
    (C) Hourly average SO2 concentrations in ppm from the 
Coker CO Boiler stack;
    (D) Hourly average volumetric flow rates in SCFH of the flare pilot 
and purge gases;
    (E) Hourly average volumetric flow rates in SCFH in the gas stream 
to the

[[Page 350]]

flare(s) and in the Coker CO Boiler stack;
    (F) Hourly average H2S concentrations in ppm from the 
refinery fuel gas system;
    (G) Hourly average refinery fuel gas combustion units' actual fuel 
firing rate in SCFH;
    (H) Hourly average temperature (in [deg]F) and pressure (in mm or 
inches of Hg) of the gas stream to the flare(s);
    (I) Hourly emissions in pounds per clock hour from the flare(s), 
Coker CO Boiler stack, and refinery fuel gas combustion system; and
    (J) Daily calibration data for the CEMS described in paragraphs 
(f)(2)(ii), (f)(3)(ii) and (f)(4)(ii) of this section.
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from the 
flare(s), Coker CO Boiler stack, and refinery fuel gas combustion 
system;
    (B) Periods in which only natural gas or an inert gas was used as 
flare pilot gas or purge gas or both;
    (C) Daily emissions in pounds per calendar day from the Coker CO 
Boiler stack and refinery fuel gas combustion system;
    (D) The results of all quarterly or other Cylinder Gas Audits (CGA), 
Relative Accuracy Audits (RAA), and annual Relative Accuracy Test Audits 
(RATA) for the CEMS described in paragraphs (f)(2)(ii) (flare total 
sulfur analyzer(s); pilot gas or purge gas H2S analyzer(s)), 
(f)(3)(ii), and (f)(4)(ii) of this section, and the results of all 
annual calibrations and verifications for the volumetric flow, 
temperature, and pressure monitors;
    (E) For all periods of flare volumetric flow rate monitoring system 
or total sulfur analyzer system downtime, Coker CO Boiler stack CEMS 
downtime, refinery fuel gas combustion system CEMS downtime, flare pilot 
gas or purge gas volumetric flow or H2S analyzer system 
downtime, or failure to obtain or analyze a grab or integrated sample, 
the written report shall identify:
    (1) Dates and times of downtime or failure;
    (2) Reasons for downtime or failure;
    (3) Corrective actions taken to mitigate downtime or failure; and
    (4) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (F) For all periods that the range of the flare or any pilot or 
purge gas volumetric flow rate monitor(s), any flare total sulfur 
analyzer(s), or any pilot or purge gas H2S analyzer(s) is 
exceeded, the written report shall identify:
    (1) Date and time when the range of the volumetric flow monitor(s), 
total sulfur analyzer(s), or H2S analyzer(s) was exceeded, 
and
    (2) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (G) For all periods that the range of the refinery fuel gas CEMS is 
exceeded, the written report shall identify:
    (1) Date, time, and duration when the range of the refinery fuel gas 
CEMS was exceeded;
    (H) For all periods that the flare volumetric flow monitor or 
monitors are recording flow, yet any Flare Water Seal Monitoring Device 
indicates there is no flow, the written report shall identify:
    (1) Date, time, and duration when the flare volumetric flow 
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device 
indicated there was no flow;
    (I) For each 3-hour period and calendar day in which the flare 
emission limits, the Coker CO Boiler stack emission limits, or the fuel 
gas combustion system emission limits are exceeded, the written report 
shall identify:
    (1) The date, start time, and end time of the excess emissions;
    (2) Total hours of operation with excess emissions, the hourly 
emissions, the 3-hour emissions, and the daily emissions;
    (3) All information regarding reasons for operating with excess 
emissions; and
    (4) Corrective actions taken to mitigate excess emissions; and
    (J) When no excess emissions have occurred or the continuous 
monitoring system(s) or manual system(s) have

[[Page 351]]

not been inoperative, repaired, or adjusted, such information shall be 
stated in the report.
    (g) Montana Sulphur & Chemical Company (MSCC) emission limits and 
compliance determining methods.
    (1) Introduction. The provisions for MSCC cover the following units:
    (i) The flares, which consist of the 80-foot west flare, 125-foot 
east flare, and 100-meter flare.
    (ii) The SRU 100-meter stack.
    (iii) The auxiliary vent stacks and the units that can exhaust 
through the auxiliary vent stacks, which consist of the Railroad Boiler, 
the H-1 Unit, the H1-A unit, the H1-1 unit and the H1-2 unit.
    (iv) The SRU 30-meter stack and the units that can exhaust through 
the SRU 30-meter stack. The units that can exhaust through the SRU 30-
meter stack are identified in section 3(A)(2)(d) and (e) of MSCC's 1998 
exhibit.
    (2) Flare requirements.
    (i) Emission limit. Total combined emissions of SO2 from 
the 80-foot west flare, 125-foot east flare, and 100-meter flare shall 
not exceed 150.0 pounds per 3-hour period.
    (ii) Compliance determining method. Compliance with the emission 
limit in paragraph (g)(2)(i) of this section shall be determined in 
accordance with paragraph (h) of this section. In the event MSCC cannot 
monitor all three flares from a single location, MSCC shall establish 
multiple monitoring locations.
    (3) SRU 100-meter stack requirements.
    (i) Emission limits. Emissions of SO2 from the SRU 100-
meter stack shall not exceed:
    (A) 2,981.7 pounds per 3-hour period;
    (B) 23,853.6 pounds per calendar day; and
    (C) 9,088,000 pounds per calendar year.
    (ii) Compliance determining method.
    (A) Compliance with the emission limits contained in paragraph 
(g)(3)(i) of this section shall be determined by the CEMS and emission 
testing methods required by sections 6(B)(1) and (2) and section 5, 
respectively, of MSCC's 1998 exhibit.
    (B) MSCC shall notify EPA in writing of each annual source test a 
minimum of 25 working days prior to actual testing.
    (C) The CEMS referenced in paragraph (g)(3)(ii)(A) of this section 
shall achieve a temporal sampling resolution of at least one (1) 
concentration and flow rate measurement per minute, meet the 
requirements expressed in the definition of ``hourly average'' in 
paragraph (c)(14) of this section, and meet the ``CEM Performance 
Specifications'' in sections 6(C) and (D) of MSCC's 1998 exhibit, except 
that MSCC shall also notify EPA in writing of each annual Relative 
Accuracy Test Audit at least 25 working days prior to actual testing.
    (4) Auxiliary vent stacks.
    (i) Emission limits.
    (A) Total combined emissions of SO2 from the auxiliary 
vent stacks shall not exceed 12.0 pounds per 3-hour period;
    (B) Total combined emissions of SO2 from the auxiliary 
vent stacks shall not exceed 96.0 pounds per calendar day;
    (C) Total combined emissions of SO2 from the auxiliary 
vent stacks shall not exceed 35,040 pounds per calendar year; and
    (D) The H2S concentration in the fuel burned in the 
Railroad Boiler, the H-1 Unit, the H1-A unit, the H1-1 unit, and the H1-
2 unit, while any of these units is exhausting to the auxiliary vent 
stacks, shall not exceed 160 ppm per 3-hour period and 100 ppm per 
calendar day.
    (ii) Compliance determining method.
    (A) Compliance with the emission limits in paragraph (g)(4)(i) of 
this section shall be determined by measuring the H2S 
concentration of the fuel burned in the Railroad Boiler, the H-1 Unit, 
the H1-A unit, the H1-1 unit, and the H1-2 unit (when fuel other than 
natural gas is burned in one or more of these units) according to the 
procedures in paragraph (g)(4)(ii)(C) of this section.
    (B) Beginning June 20, 2008, MSCC shall maintain logs of:
    (1) The dates and time periods that emissions are exhausted through 
the auxiliary vent stacks,
    (2) The heaters and boilers that are exhausting to the auxiliary 
vent stacks during such time periods, and
    (3) The type of fuel burned in the heaters and boilers during such 
time periods.

[[Page 352]]

    (C) Beginning June 20, 2008, MSCC shall measure the H2S 
content of the fuel burned when fuel other than natural gas is burned in 
a heater or boiler that is exhausting to an auxiliary vent stack. MSCC 
shall begin measuring the H2S content of the fuel at the fuel 
header within one (1) hour from when a heater or boiler begins 
exhausting to an auxiliary vent stack and on a once-per-3-hour period 
frequency until no heater or boiler is exhausting to an auxiliary vent 
stack. To determine the H2S content of the fuel burned, MSCC 
shall use length-of-stain detector tubes pursuant to ASTM Method D4810-
06, ``Standard Test Method for Hydrogen Sulfide in Natural Gas Using 
Length-of-Stain Detector Tubes'' (incorporated by reference, see 
paragraph (j) of this section) with the appropriate sample tube range. 
If the results exceed the tube's range, another tube of a higher range 
must be used until results are in the tube's range.
    (5) SRU 30-meter stack.
    (i) Emission limits.
    (A) Emissions of SO2 from the SRU 30-meter stack shall 
not exceed 12.0 pounds per 3-hour period;
    (B) Emissions of SO2 from the SRU 30-meter stack shall 
not exceed 96.0 pounds per calendar day;
    (C) Emissions of SO2 from the SRU 30-meter stack shall 
not exceed 35,040 pounds per calendar year; and
    (D) The H2S concentration in the fuel burned in the 
heaters and boilers described in paragraph (g)(1)(iv) of this section, 
while any of these units is exhausting to the SRU 30-meter stack, shall 
not exceed 160 ppm per 3-hour period and 100 ppm per calendar day.
    (ii) Compliance determining method.
    (A) Compliance with the emission limits in paragraph (g)(5)(i) of 
this section shall be determined by measuring the H2S 
concentration of the fuel burned in the heaters and boilers described in 
paragraph (g)(1)(iv) of this section (when fuel other than natural gas 
is burned in one or more of these heaters or boilers) according to the 
procedures in paragraph (g)(5)(ii)(C) of this section.
    (B) Beginning June 20, 2008, MSCC shall maintain logs of:
    (1) The dates and time periods that emissions are exhausted through 
the SRU 30-meter stack,
    (2) The heaters and boilers that are exhausting to the SRU 30-meter 
stack during such time periods, and
    (3) The type of fuel burned in the heaters and boilers during such 
time periods.
    (C) Beginning June 20, 2008, MSCC shall measure the H2S 
content of the fuel burned when fuel other than natural gas is burned in 
a heater or boiler that is exhausting to the SRU 30-meter stack. MSCC 
shall begin measuring the H2S content of the fuel at the fuel 
header within one (1) hour from when any heater or boiler begins 
exhausting to the SRU 30-meter stack and on a once-per-3-hour period 
frequency until no heater or boiler is exhausting to the SRU 30-meter 
stack. To determine the H2S content of the fuel burned, MSCC 
shall use length-of-stain detector tubes pursuant to ASTM Method D4810-
06, ``Standard Test Method for Hydrogen Sulfide in Natural Gas Using 
Length-of-Stain Detector Tubes'' (incorporated by reference, see 
paragraph (j) of this section) with the appropriate sample tube range. 
If the results exceed the tube's range, another tube of a higher range 
must be used until results are in the tube's range.
    (6) Data reporting requirements:
    (i) MSCC shall submit quarterly reports beginning with the first 
calendar quarter following May 21, 2008. The quarterly reports shall be 
submitted within 30 days of the end of each calendar quarter. The 
quarterly reports shall be submitted to EPA at the following address: 
Air Program Contact, EPA Montana Operations Office, Federal Building, 10 
West 15th Street, Suite 3200, Helena, MT 59626.
    The quarterly report shall be certified for accuracy in writing by a 
responsible MSCC official. The quarterly report shall consist of both a 
comprehensive electronic-magnetic report and a written hard copy data 
summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this

[[Page 353]]

section, and, thereafter, MSCC shall follow the revised format. In 
addition to submitting the electronic quarterly reports to EPA, MSCC 
shall also record, organize, and archive for at least five (5) years the 
same data, and upon request by EPA, MSCC shall provide EPA with any data 
archived in accordance with this provision. The electronic report shall 
contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm, in the gas stream to the flare(s);
    (B) Hourly average H2S concentrations of the flare pilot 
and purge gases in ppm;
    (C) Hourly average SO2 concentrations in ppm from the SRU 
100-meter stack;
    (D) Hourly average volumetric flow rates in SCFH in the gas stream 
to the flare(s) and in the SRU 100-meter stack;
    (E) Hourly average volumetric flow rates in SCFH of the flare pilot 
and purge gases;
    (F) Hourly average temperature (in (F) and pressure (in mm or inches 
of Hg) in the gas stream to the flare(s);
    (G) Hourly emissions in pounds per clock hour from the flare(s) and 
SRU 100-meter stack;
    (H) Daily calibration data for all flare CEMS, all pilot gas and 
purge gas CEMS, and the SRU 100-meter stack CEMS;
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from the 
flare(s) and SRU 100-meter stack, and 3-hour H2S 
concentrations in the fuel burned in the heaters and boilers described 
in paragraphs (g)(1)(iii) and (iv) of this section while any of these 
units is exhausting to the SRU 30-meter stack or auxiliary vent stacks 
and burning fuel other than natural gas;
    (B) Periods in which only natural gas or an inert gas was used as 
flare pilot gas or purge gas or both;
    (C) Daily emissions in pounds per calendar day from the SRU 100-
meter stack;
    (D) Annual emissions of SO2 in pounds per calendar year 
from the SRU 100-meter stack;
    (E) The results of all quarterly Cylinder Gas Audits (CGA), Relative 
Accuracy Audits (RAA) and annual Relative Accuracy Test Audits (RATA) 
for all total sulfur analyzer(s), all H2S analyzer(s), and 
the SRU 100-meter stack CEMS, and the results of all annual calibrations 
and verifications for the volumetric flow, temperature, and pressure 
monitors;
    (F) For all periods of flare volumetric flow rate monitoring system 
or total sulfur analyzer system downtime, SRU 100-meter CEMS downtime, 
flare pilot gas or purge gas volumetric flow or H2S analyzer 
system downtime, failure to obtain or analyze a grab or integrated 
sample, or failure to obtain an H2S concentration sample as 
required by paragraphs (g)(4)(ii)(C) and (g)(5)(ii)(C) of this section, 
the written report shall identify:
    (1) Dates and times of downtime or failure;
    (2) Reasons for downtime or failure;
    (3) Corrective actions taken to mitigate downtime or failure; and
    (4) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (G) For all periods that the range of the flare or any pilot or 
purge gas volumetric flow rate monitor(s), any flare total sulfur 
analyzer(s), or any pilot or purge gas H2S analyzer(s), is 
exceeded, the written report shall identify:
    (1) Date and time when the range of the volumetric flow monitor(s), 
total sulfur analyzer(s), or H2S analyzer(s) was exceeded; 
and
    (2) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (H) For all periods that the flare volumetric flow monitor or 
monitors are recording flow, yet any Flare Water Seal Monitoring Device 
indicates there is no flow, the written report shall identify:
    (1) Date, time, and duration when the flare volumetric flow 
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device 
indicated there was no flow;
    (I) For each 3-hour period and calendar day in which the flare 
emission

[[Page 354]]

limit, the SRU 100-meter stack emission limits, the SRU 30-meter stack 
emission limits, or auxiliary vent stack emission limits are exceeded, 
the written report shall identify:
    (1) The date, start time, and end time of the excess emissions;
    (2) Total hours of operation with excess emissions, the hourly 
emissions, the 3-hour emissions, and the daily emissions;
    (3) All information regarding reasons for operating with excess 
emissions; and
    (4) Corrective actions taken to mitigate excess emissions;
    (J) For instances in which emissions are exhausted through the 
auxiliary vent stacks or 30-meter stack, the quarterly written report 
shall identify:
    (1) The dates and time periods that emissions were exhausted through 
the auxiliary vent stacks or the 30-meter stack;
    (2) The heaters and boilers that were exhausting to the auxiliary 
vent stacks or 30-meter stack during such time periods; and
    (3) The type of fuel burned in the heaters and boilers during such 
time periods; and
    (K) When no excess emissions have occurred or the continuous 
monitoring system(s) or manual system(s) have not been inoperative, 
repaired, or adjusted, such information shall be stated in the report.
    (h) Flare compliance determining method.
    (1) Compliance with the emission limits in paragraphs (d)(2)(i), 
(e)(2)(i), (f)(2)(i) and (g)(2)(i) of this section shall be determined 
by measuring the total sulfur concentration and volumetric flow rate of 
the gas stream to the flare(s) (corrected to one (1) atmosphere pressure 
and 68 [deg]F) and using the methods contained in the flare monitoring 
plan required by paragraph (h)(5) of this section. The volumetric flow 
rate of the gas stream to the flare(s) shall be determined in accordance 
with the requirements in paragraph (h)(2) of this section and the total 
sulfur concentration of the gas stream to the flare(s) shall be 
determined in accordance with paragraph (h)(3) of this section.
    (2) Flare flow monitoring:
    (i) Within 365 days after receiving EPA approval of the flare 
monitoring plan required by paragraph (h)(5) of this section, each 
facility named in paragraph (a) of this section shall install and 
calibrate, and, thereafter, calibrate, maintain and operate, a 
continuous flow monitoring system capable of measuring the volumetric 
flow of the gas stream to the flare(s) in accordance with the 
specifications contained in paragraphs (h)(2)(iii) through (vi) of this 
section. The flow monitoring system shall require more than one flow 
monitoring device or flow measurements at more than one location if one 
monitor cannot measure the total volumetric flow to each flare.
    (ii) Volumetric flow monitors meeting the proposed volumetric flow 
monitoring specifications below should be able to measure the majority 
of volumetric flow in the gas streams to the flare. However, in rare 
events (e.g., upset conditions) the flow to the flare may exceed the 
range of the monitor. In such cases, or when the volumetric flow monitor 
or monitors are not working, other methods approved by EPA in the flare 
monitoring plan required by paragraph (h)(5) of this section shall be 
used to determine the volumetric flow rate to the flare, which shall 
then be used to calculate SO2 emissions. In quarterly 
reports, sources shall indicate when these other methods are used.
    (iii) The flare gas stream volumetric flow rate shall be measured on 
an actual wet basis, converted to Standard Conditions, and reported in 
SCFH. The minimum detectable velocity of the flow monitoring device(s) 
shall be 0.1 feet per second (fps). The flow monitoring device(s) shall 
continuously measure the range of flow rates corresponding to velocities 
from 0.5 to 275 fps and have a manufacturer's specified accuracy of 
5% of the measured flow over the range of 1.0 to 
275 fps and 20% of the measured flow over the 
range of 0.1 to 1.0 fps. The volumetric flow monitor(s) shall feature 
automated daily calibrations at low and high ranges. The volumetric flow 
monitor(s) shall be calibrated annually according to manufacturer's 
specifications.
    (iv) For correcting flow rate to standard conditions (defined as 68 
[deg]F and 760

[[Page 355]]

mm, or 29.92 inches, of Hg), temperature and pressure shall be monitored 
continuously. Temperature and pressure shall be monitored in the same 
location as volumetric flow, and the temperature and pressure monitors 
shall be calibrated prior to installation according to manufacturer's 
specifications and, thereafter, annually to meet accuracy specifications 
as follows: The temperature monitor shall be calibrated to within  2.0% at absolute temperature and the pressure monitor 
shall be calibrated to within  5.0 mmHg;
    (v) The flow monitoring device(s) shall be calibrated prior to 
installation to demonstrate accuracy of the measured flow to within 5.0% 
at flow rates equivalent to 30%, 60%, and 90% of monitor full scale.
    (vi) Each volumetric flow device shall achieve a temporal sampling 
resolution of at least one (1) flow rate measurement per minute, meet 
the requirements expressed in the definition of ``hourly average'' in 
paragraph (c)(14) of this section, and be installed in a manner and at a 
location that will allow for accurate measurements of the total volume 
of the gas stream going to each flare. Each temperature and pressure 
monitoring device shall achieve a temporal sampling resolution of at 
least one (1) measurement per minute, meet the requirements expressed in 
the definition of ``hourly average'' in paragraph (c)(14) of this 
section, and be installed in a manner that will allow for accurate 
measurements.
    (vii) In addition to the continuous flow monitors, facilities may 
use flare water seal monitoring devices to determine whether there is 
flow going to the flare. If used, owners or operators shall install, 
calibrate, operate, and maintain these devices according to 
manufacturer's specifications. The devices shall include a continuous 
monitoring system that:
    (A) Monitors the status of the water seal to indicate when flow is 
going to the flare;
    (B) Automatically records the time and duration when flow is going 
to the flare; and
    (C) Verifies that the physical seal has been restored after flow has 
been sent to the flare.
    If the water seal monitoring devices indicate that there is no flow 
going to the flare, yet the continuous flow monitor is indicating flow, 
the presumption will be that no flow is going to the flare.
    (viii) Each facility named in paragraph (a) of this section, that 
does not certify that only natural gas or an inert gas is used for both 
the pilot gas and purge gas, shall determine the volumetric flow of each 
pilot gas and purge gas stream for which natural gas or inert gas is not 
used by one of the following methods:
    (A) Measure the volumetric flow of the gas using continuous flow 
monitoring devices on an actual wet basis, converted to Standard 
Conditions, and reported in SCFH. Each flow monitoring device shall 
achieve a temporal sampling resolution of at least one (1) flow rate 
measurement per minute, meet the requirements expressed in the 
definition of ``hourly average'' in paragraph (c)(14) of this section, 
and be installed in a manner and at a location that will allow for 
accurate measurements of the total volume of the gas. Gas flow rate 
monitor accuracy determinations shall be required at least once every 48 
months or more frequently at routine refinery turn-around. In cases when 
the flow monitoring device or devices are not working or the range of 
the monitoring device(s) is exceeded, other methods approved by EPA in 
the flare monitoring plan required by paragraph (h)(5) of this section 
shall be used to determine volumetric flow of the gas which shall then 
be used to calculate SO2 emissions. In quarterly reports, 
sources shall indicate when other methods are used; or
    (B) Use parameters and methods approved by EPA in the flare 
monitoring plan required by paragraph (h)(5) of this section to 
calculate the volumetric flows of the gas, in SCFH.
    (3) Flare concentration monitoring:
    (i) Within 365 days after receiving EPA approval of the flare 
monitoring plan required by paragraph (h)(5) of this section, each 
facility named in paragraph (a) of this section shall determine the 
total sulfur concentration of the gas stream to the flare(s) using

[[Page 356]]

either continuous total sulfur analyzers or grab or integrated sampling 
with lab analysis, as described in the following paragraphs:
    (A) Continuous total sulfur concentration monitoring. If a facility 
chooses to use continuous total sulfur concentration monitoring, the 
following requirements apply:
    (1 ) The facility shall install and calibrate, and, thereafter, 
calibrate, maintain and operate, a continuous total sulfur concentration 
monitoring system capable of measuring the total sulfur concentration of 
the gas stream to each flare. Continuous monitoring shall occur at a 
location or locations that are representative of the gas combusted in 
the flare and be capable of measuring the normally expected range of 
total sulfur in the gas stream to the flare. The concentration 
monitoring system shall require more than one concentration monitoring 
device or concentration measurements at more than one location if one 
monitor cannot measure the total sulfur concentration to each flare. 
Total sulfur concentration shall be reported as H2S or 
SO2 in ppm. In cases when the total sulfur analyzer or 
analyzers are not working or the concentration of the total sulfur 
exceeds the range of the analyzer(s), other methods, approved by EPA in 
the flare monitoring plan required by paragraph (h)(5) of this section, 
shall be used to determine total sulfur concentrations, which shall then 
be used to calculate SO2 emissions. In quarterly reports, 
sources shall indicate when these other methods are used.
    (2 ) The total sulfur analyzer(s) shall achieve a temporal sampling 
resolution of at least one (1) concentration measurement per 15 minutes, 
meet the requirements expressed in the definition of ``hourly average'' 
in paragraph (c)(14) of this section, be installed, certified (on a 
concentration basis), and operated in accordance with 40 CFR part 60, 
Appendix B, Performance Specification 5, and be subject to and meet the 
quality assurance and quality control requirements (on a concentration 
basis) of 40 CFR part 60, Appendix F.
    (3) Each affected facility named in paragraph (a) of this section 
shall notify the Air Program Contact at EPA's Montana Operations Office, 
Federal Building, 10 West 15th Street, Suite 3200, Helena, MT 59626, in 
writing of each Relative Accuracy Test Audit a minimum of 25 working 
days prior to the actual testing.
    (B) Grab or integrated total sulfur concentration monitoring: If a 
facility chooses grab or integrated sampling instead of continuous total 
sulfur concentration monitoring, the facility shall comply with the 
methods specified in either paragraph (h)(3)(i)(B)(1) (``Grab 
Sampling'') or (h)(3)(B)(i)(B)(2 ) (``Integrated Sampling''), and the 
requirements of paragraphs (h)(3)(i)(B)(3) (``Sample Analysis''), 
(h)(3)(i)(B)(4) (``Exemptions''), and (h)(3)(i)(B)(5) (``Missing or 
Unanalyzed Sample'') of this section, as follows:
    (1) Grab Sampling. Each facility that chooses to use grab sampling 
shall meet the following requirements: if the flow rate of the gas 
stream to the flare in any consecutive 15-minute period continuously 
exceeds 0.5 feet per second (fps) and the water seal monitoring device, 
if any, indicates that flow is going to the flare, a grab sample shall 
be collected within 15 minutes. The grab sample shall be collected at a 
location that is representative of the gas combusted in the flare. 
Thereafter, the sampling frequency shall be one (1) grab sample every 
three (3) hours, which shall continue until the velocity of the gas 
stream going to the flare in any consecutive 15-minute period is 
continuously 0.5 fps or less. Samples shall be analyzed according to 
paragraph (h)(3)(i)(B)(3) of this section. The requirements of this 
paragraph (h)(3)(i)(B)(1) shall apply to each flare at a facility for 
which the sampling threshold is exceeded.
    (2) Integrated Sampling. Each facility that chooses to use 
integrated sampling shall meet the following requirements: if the flow 
rate of the gas stream to the flare in any consecutive 15-minute period 
continuously exceeds 0.5 feet per second (fps) and the water seal 
monitoring device, if any, indicates that flow is going to the flare, a 
sample shall be collected within 15 minutes. The sample shall be 
collected at a location that is representative of the gas combusted in 
the flare. The sampling frequency, thereafter, shall

[[Page 357]]

be a minimum of one (1) aliquot for each 15-minute period until the 
sample container is full, or until the end of a 3-hour period is 
reached, whichever comes sooner. Within 30 minutes thereafter, a new 
sample container shall be placed in service, and sampling on this 
frequency, and in this manner, shall continue until the velocity of the 
gas stream going to the flare in any consecutive 15-minute period is 
continuously 0.5 fps or less. Samples shall be analyzed according to 
paragraph (h)(3)(i)(B)(3) of this section. The requirements of this 
paragraph (h)(3)(i)(B)(2) shall apply to each flare at a facility for 
which the sampling threshold is exceeded.
    (3) Samples shall be analyzed using ASTM Method D4468-85 (Reapproved 
2000) ``Standard Test Method for Total Sulfur in Gaseous Fuels by 
Hydrogenolysis and Rateometric Colorimetry,'' (incorporated by 
reference, see paragraph (j) of this section) ASTM Method D5504-01 
(Reapproved 2006) ``Standard Test Method for Determination of Sulfur 
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and 
Chemiluminescence,'' (incorporated by reference, see paragraph (j) of 
this section) or 40 CFR part 60, Appendix A-5, Method 15A 
``Determination of Total Reduced Sulfur Emissions From the Sulfur 
Recovery Plants in Petroleum Refineries.'' Total sulfur concentration 
shall be reported as H2S or SO2 in ppm.
    (4) Exemptions. For facilities using a sampling method specified in 
either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'') or (h)(3)(i)(B)(2) 
(``Integrated Sampling'') of this section, obtaining a sample is not 
required if flaring is a result of a catastrophic or other unusual 
event, including a major fire or an explosion at the facility, such that 
collecting a sample at the EPA-approved location during the relevant 
period is infeasible or constitutes a safety hazard, provided that the 
owner or operator shall collect a sample at an alternative location if 
feasible, safe, and representative of the flaring event. The owner or 
operator shall demonstrate to EPA that it was infeasible or unsafe to 
collect a sample or to collect a sample at the sampling location 
approved by EPA in the flare monitoring plan required by paragraph 
(h)(5) of this section. The owner or operator shall also demonstrate to 
EPA that any sample collected at an alternative location is 
representative of the flaring incident. If a facility experiences 
ongoing difficulties collecting grab or integrated samples in accordance 
with its flare monitoring plan approved by EPA pursuant to paragraph 
(h)(5) of this section, EPA may require the facility to revise its flare 
monitoring plan and use continuous total sulfur concentration monitoring 
as described in paragraph (h)(3)(i)(A) of this section or other reliable 
method to determine total sulfur concentrations of the gas stream to the 
flare.
    (5) Missing or Unanalyzed Samples. For facilities using a sampling 
method specified in either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'') 
or (h)(3)(i)(B)(2) (``Integrated Sampling'') of this section, if a 
required sample is not obtained or analyzed for any reason, other 
methods approved by EPA in the flare monitoring plan required by 
paragraph (h)(5) of this section shall be used to determine total sulfur 
concentrations, which shall then be used to calculate SO2 
emissions. In quarterly reports, sources shall indicate when these other 
methods are used.
    (6) Reporting. For facilities using a sampling method specified in 
either paragraph (h)(3)(i)(B)(1 ) (``Grab Sampling'') or (h)(3)(i)(B)(2 
) (``Integrated Sampling'') of this section, since normally only one (1) 
sample per flare will be analyzed for a 3-hour period, the total sulfur 
concentration of a sample obtained during a given 3-hour period shall be 
substituted for each hour of such 3-hour period. If integrated sampling 
for a flare produces more than one (1) sample container during a 3-hour 
period, and the gas in each container is analyzed separately, the 
concentrations for the containers shall be averaged. For that flare, the 
resulting average shall be substituted for each hour of the 3-hour 
period during which the sampling occurred. The substituted hourly total 
sulfur concentrations determined per this paragraph shall be used to 
determine hourly emissions from the flare.
    (ii) Each facility named in paragraph (a) of this section that does 
not certify

[[Page 358]]

that only natural gas or an inert gas is used for both the pilot gas and 
purge gas shall determine the H2S concentration of each pilot 
gas and purge gas stream for which natural gas or inert gas is not used 
by one of the following methods:
    (A) Measure the H2S concentration of the gas by 
continuous H2S analyzer. The H2S concentration 
analyzer(s) shall achieve a temporal sampling resolution of at least one 
(1) concentration measurement per three (3) minutes, meet the 
requirements expressed in the definition of ``hourly average'' in 
paragraph (c)(14) of this section, be installed, certified (on a 
concentration basis), and operated in accordance with 40 CFR part 60, 
Appendix B, Performance Specification 2, and be subject to and meet the 
quality assurance and quality control requirements (on a concentration 
basis) of 40 CFR part 60, Appendix F. In cases where the H2S 
analyzer or analyzers are not working or the H2S 
concentration exceeds the range of the analyzer(s), other methods 
approved by EPA in the flare monitoring plan required by paragraph 
(h)(5) of this section shall be used to determine the H2S 
concentration of the gas, which shall then be used to calculate 
SO2 emissions. In quarterly reports, sources shall indicate 
when other methods are used; or
    (B) Use methods approved by EPA as part of the facility's flare 
monitoring plan required by paragraph (h)(5) of this section to estimate 
the H2S concentration of the gas.
    (4) Calculation of SO2 emissions from flares. Methods for 
calculating hourly and 3-hour SO2 emissions from flares shall 
be submitted to EPA as part of the flare monitoring plan required by 
paragraph (h)(5) of this section. Following approval by EPA, such 
methods shall be followed for calculating hourly and 3-hour 
SO2 emissions from a facility's flare(s).
    (5) By October 20, 2008, each facility named in paragraph (a) of 
this section shall submit a flare monitoring plan. Each flare monitoring 
plan shall include, at a minimum, the following:
    (i) A facility plot plan showing the location of each flare in 
relation to the general plant layout;
    (ii) Drawing(s) with dimensions, preferably to scale, and an as-
built process flow diagram of the flare(s) identifying major components, 
such as flare header, flare stack, flare tip(s) or burner(s), purge gas 
system, pilot gas system, water seal, knockout drum, and molecular seal;
    (iii) A representative flow diagram showing the interconnections of 
the flare system(s) with vapor recovery system(s), process units, and 
other equipment as applicable;
    (iv) A complete description of the gas flaring process for an 
integrated gas flaring system that describes the method of operation of 
the flares;
    (v) A complete description of the vapor recovery system(s) which 
have interconnection to a flare, such as compressor description(s); 
design capacities of each compressor and the vapor recovery system; and 
the method currently used to determine and record the amount of vapors 
recovered;
    (vi) A complete description of the proposed method to monitor, 
determine, and record the total volume and total sulfur concentration of 
gases combusted in the flare, including drawing(s) with dimensions, 
preferably to scale, showing the following information for the proposed 
flare gas stream monitoring systems:
    (A) The locations to be used for all monitoring and sampling, 
including, but not limited to: Flare flow monitors, total sulfur 
analyzers, concentration integrated sampling, concentration grab 
sampling, water seal monitoring devices, pilot and purge gas flow 
monitors, and pilot and purge gas concentration monitors;
    (vii) A description of the method(s) used to determine, and 
reasoning behind, all monitoring and sampling locations;
    (viii) The following information regarding pilot gas and purge gas 
for each flare:
    (A) Type(s) of gas used;
    (B) A complete description of the monitor(s) to be used, or the 
other parameters that will be used and monitored, to determine 
volumetric flows of the pilot gas and purge gas streams for which 
natural gas or inert gas is not used; and

[[Page 359]]

    (C) A complete description of the analyzer(s) to be used to 
determine, or other methods that will be used to estimate, the 
H2S concentrations in the pilot gas and purge gas streams for 
which natural gas or inert gas is not used;
    (ix) A detailed description of manufacturer's specifications, 
including, but not limited to, make, model, type, range, precision, 
accuracy, calibration, maintenance, quality assurance procedure, and any 
other relevant specifications and information referenced in paragraphs 
(h)(2) and (3) of this section for all existing and proposed flow 
monitoring devices and total sulfur analyzers;
    (x) The following information if grab or integrated sampling is 
used:
    (A) A complete description of proposed analytical and sampling 
methods if grab or integrated sampling methods will be used for 
determining the total sulfur concentration of the gas stream going to 
the flare;
    (B) A detailed description of manufacturer's specifications, 
including, but not limited to, make, model, type, maintenance, and 
quality assurance procedures for the integrated sampling device, if 
used; and
    (C) A complete description of the proposed method to alert personnel 
designated to collect samples that the trigger for collecting a sample 
has occurred;
    (xi) A complete description of the methods to be used to estimate 
flare emissions when any flare, pilot gas, or purge gas volumetric flow 
monitoring devices, total sulfur analyzers, or grab or integrated 
sampling methods, or pilot gas or purge gas H2S analyzers are 
not working or available, or the operating range of the monitors or 
analyzers is exceeded;
    (xii) A complete description of the proposed data recording, 
collection, and management system and any other relevant specifications 
and information referenced in paragraphs (h)(2) and (3) of this section 
for each flare monitoring system;
    (xiii) The following information for each flare using a water seal 
monitoring device:
    (A) A detailed description of manufacturer's specifications, 
including, but not limited to, make, model, type, maintenance, and 
quality assurance procedures;
    (B) A complete description of the proposed methods to determine that 
the water seal is no longer intact and flow is going to the flare, and 
the data used to establish, and reasoning behind, these methods;
    (xiv) A schedule for the installation and operation of each flare 
monitoring system consistent with the deadline in paragraphs (h)(2) and 
(h)(3) of this section; and
    (xv) A complete description of the methods to be used for 
calculating hourly and 3-hour SO2 emissions from flares.
    (6) Thirty (30) days prior to installing any continuous monitor or 
integrated sampler pursuant to paragraphs (h)(2) and (3) of this 
section, each facility named in paragraph (a) of this section shall 
submit for EPA review a quality assurance/quality control (QA/QC) plan 
for each monitor or sampler being installed.
    (i) Affirmative defense provisions for exceedances of flare emission 
limits during malfunctions, startups, and shutdowns.
    (1) In response to an action to enforce the emission limits in 
paragraphs (d)(2)(i), (e)(2)(i), (f)(2)(i), and (g)(2)(i) of this 
section, owners and/or operators of the facilities named in paragraph 
(a) of this section may assert an affirmative defense to a claim for 
civil penalties for exceedances of such limits during periods of 
malfunction, startup, or shutdown. To establish the affirmative defense 
and to be relieved of a civil penalty in any action to enforce such a 
limit, the owner or operator of the facility must meet the notification 
requirements of paragraph (i)(2) of this section in a timely manner and 
prove by a preponderance of evidence that:
    (i) For claims of malfunction:
    (A) The excess emissions were caused by a sudden, unavoidable 
breakdown of equipment, or a sudden, unavoidable failure of a process to 
operate in the normal or usual manner, beyond the control of the owner 
or operator;
    (B) The excess emissions:
    (1) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and

[[Page 360]]

    (2) Could not have been avoided by better operation and maintenance 
practices;
    (C) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable;
    (D) The amount and duration of the excess emissions (including any 
bypass) were minimized to the maximum extent practicable during periods 
of such emissions;
    (ii) For claims of startup or shutdown:
    (A) All or a portion of the facility was in startup or shutdown 
mode, resulting in the need to route gases to the flare;
    (B) The periods of excess emissions that occurred during startup and 
shutdown were short and infrequent and could not have been prevented 
through careful planning and design or better operation and maintenance 
practices; and
    (C) The frequency and duration of operation in startup or shutdown 
mode were minimized to the maximum extent practicable;
    (iii) For claims of malfunction, startup, or shutdown:
    (A) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage;
    (B) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality;
    (C) All emissions monitoring systems were kept in operation if at 
all possible;
    (D) The owner or operator's actions in response to the excess 
emissions were documented by properly signed, contemporaneous operating 
logs;
    (E) The excess emissions were not part of a recurring pattern 
indicative of inadequate design, operation, or maintenance;
    (F) At all times, the facility was operated in a manner consistent 
with good practices for minimizing emissions; and
    (G) During the period of excess emissions, there were no exceedances 
of the SO2 NAAQS that could be attributed to the emitting 
source.
    (2) Notification. The owner or operator of the facility experiencing 
an exceedance of its flare emission limit(s) during startup, shutdown, 
or malfunction shall notify EPA verbally as soon as possible, but no 
later than noon of EPA's next working day, and shall submit written 
notification to EPA within 30 days of the initial occurrence of the 
exceedance. The written notification shall explain whether and how the 
elements set forth in paragraph (i)(1) of this section were met, and 
include all supporting documentation.
    (3) Injunctive relief. The Affirmative Defense Provisions contained 
in paragraph (i)(1) of this section shall not be available to claims for 
injunctive relief.
    (j) Incorporation by reference. (1) The materials listed in this 
paragraph are incorporated by reference in the corresponding paragraphs 
noted. These incorporations by reference are approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. These materials are incorporated as they exist on the date of the 
approval, and notice of any change in these materials will be published 
in the Federal Register. The materials are available for purchase at the 
corresponding address noted below, and all are available for inspection 
at the National Archives and Records Administration (NARA) and at the 
Air Program, EPA, Region 8, 1595 Wynkoop Street, Denver, CO. For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (2) The following materials are available for purchase from the 
following address: American Society for Testing and Materials (ASTM), 
100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 
19428-2959, www.astm.org, or by calling (610) 832-9585.
    (i) ASTM Method D4468-85 (Reapproved 2000), Standard Test Method for 
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric 
Colorimetry, IBR approved for paragraph (h)(3)(i)(B)(3) of this section.

[[Page 361]]

    (ii) ASTM Method D4810-06, Standard Test Method for Hydrogen Sulfide 
in Natural Gas Using Length-of-Stain Detector Tubes, IBR approved for 
paragraphs (f)(3)(ii)(B), (g)(4)(ii)(C), and (g)(5)(ii)(C) of this 
section.
    (ii) ASTM Method D5504-01 (Reapproved 2006), Standard Test Method 
for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels 
by Gas Chromatography IBR approved for paragraph (h)(3)(i)(B)(3) of this 
section.

[73 FR 21454, Apr. 21, 2008]



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

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

[73 FR 10154, Feb. 26, 2008]



Sec. 52.1394  Section 110(a)(2) infrastructure requirements.

    On December 22, 2009, David L. Klemp, Bureau Chief, Air Resources 
Management Bureau, of the Montana Department of Environmental Quality 
submitted a certification letter which provides the State of Montana's 
SIP provisions which meet the requirements of CAA Section 110(a)(1) and 
(2) relevant to the 1997 Ozone NAAQS.

[76 FR 43923, July 22, 2011]



Sec. 52.1395  Smoke management plan.

    The Department considers smoke management techniques for agriculture 
and forestry management burning purposes as set forth in 40 CFR 
51.308(d)(3)(v)(E). The Department considers the visibility impact of 
smoke when developing, issuing, or conditioning permits and when making 
dispersion forecast recommendations through the implementation of Title 
17, Chapter 8, subchapter 6, ARM, Open Burning.

[77 FR 57915, Sept. 18, 2012]



Sec. 52.1396  Federal implementation plan for regional haze.

    (a) Applicability. This section applies to each owner and operator 
of the following coal fired electric generating units (EGUs) in the 
State of Montana: PPL Montana, LLC, Colstrip Power Plant, Units 1, 2; 
and PPL Montana, LLC, JE Corette Steam Electric Station. This section 
also applies to each owner and operator of cement kilns at the following 
cement production plants: Ash Grove Cement, Montana City Plant; and 
Holcim (US) Inc. Cement, Trident Plant. This section also applies to 
each owner or operator of Blaine County 1 Compressor Station. 
This section also applies to each owner and operator of CFAC and M2 
Green Redevelopment LLC, Missoula site.
    (b) Definitions. Terms not defined below shall have the meaning 
given them in the Clean Air Act or EPA's regulations implementing the 
Clean Air Act. For purposes of this section:
    Boiler operating day means a 24-hour period between 12 midnight and 
the following midnight during which any fuel is combusted at any time in 
the EGU. It is not necessary for fuel to be combusted for the entire 24-
hour period.
    Continuous emission monitoring system or CEMS means the equipment 
required by this section to sample, analyze, measure, and provide, by 
means of readings recorded at least once every 15 minutes (using an 
automated data acquisition and handling system (DAHS)), a permanent 
record of SO2 or

[[Page 362]]

NOX emissions, other pollutant emissions, diluent, or stack 
gas volumetric flow rate.
    Kiln operating day means a 24-hour period between 12 midnight and 
the following midnight during which the kiln operates.
    NOX means nitrogen oxides.
    Owner/operator means any person who owns or who operates, controls, 
or supervises an EGU identified in paragraph (a) of this section.
    PM means filterable total particulate matter.
    SO2 means sulfur dioxide.
    Unit means any of the EGUs or cement kilns identified in paragraph 
(a) of this section.
    (c) Emissions limitations. (1) The owners/operators of EGUs subject 
to this section shall not emit or cause to be emitted PM, SO2 
or NOX in excess of the following limitations, in pounds per 
million British thermal units (lb/MMBtu), averaged over a rolling 30-day 
period for SO2 and NOX:

----------------------------------------------------------------------------------------------------------------
                                                                    PM emission    SO2 emission    NOX emission
                           Source name                              limit  (lb/     limit  (lb/     limit  (lb/
                                                                      MMBtu)          MMBtu)          MMBtu)
----------------------------------------------------------------------------------------------------------------
Colstrip Unit 1.................................................            0.10            0.08            0.15
Colstrip Unit 2.................................................            0.10            0.08            0.15
JE Corette Unit 1...............................................            0.26            0.57            0.35
----------------------------------------------------------------------------------------------------------------

    (2) The owners/operators of cement kilns subject to this section 
shall not emit or cause to be emitted PM, SO2 or 
NOX in excess of the following limitations, in pounds per ton 
of clinker produced, averaged over a rolling 30-day period for 
SO2 and NOX:

----------------------------------------------------------------------------------------------------------------
                                                                                   SO2 emission    NOX emission
                Source name                           PM emission limit            limit (lb/ton   limit (lb/ton
                                                                                     clinker)        clinker)
----------------------------------------------------------------------------------------------------------------
Ash Grove Cement...........................  If the process weight rate of the              11.5             8.0
                                              kiln is less than or equal to 30
                                              tons per hour, then the emission
                                              limit shall be calculated using E
                                              = 4.10p \0.67\ where E = rate of
                                              emission in pounds per hour and p
                                              = process weight rate in tons per
                                              hour; however, if the process
                                              weight rate of the kiln is greater
                                              than 30 tons per hour, then the
                                              emission limit shall be calculated
                                              using E = 55.0p\0.11\ -40, where E
                                              = rate of emission in pounds per
                                              hour and P = process weight rate
                                              in tons per hour.
Holcim (US) Inc............................  0.77 lb/ton clinker................             1.3             6.5
----------------------------------------------------------------------------------------------------------------

    (3) The owners/operators of LP, Blaine County 1 Compressor 
Station shall not emit or cause to be emitted from each 5,500 horsepower 
Ingersoll Rand 616 natural gas-fired compressor engine installed at the 
facility total NOX in excess of 21.8 lbs/hr (average of three 
stack test runs).
    (4) These emission limitations shall apply at all times, including 
startups, shutdowns, emergencies, and malfunctions.
    (d) Compliance date. The owners and operators of Blaine County 
1 Compressor Station shall comply with the emissions limitation 
and other requirements of this section as expeditiously as practicable, 
but no later than July 31, 2018. The owners and operators of the BART 
sources subject to this section shall comply with the emissions 
limitations and other requirements of this section as follows, unless 
otherwise indicated in specific paragraphs: Compliance with PM limits is 
required within 30 days of the effective date of this rule. Compliance 
with SO2 and NOX limits is required within 180 
days of the effective date of this rule, unless installation of 
additional emission controls is necessary to comply with emission 
limitations under this rule, in which case compliance is required within 
five years of the effective date of this rule.
    (e) Compliance determinations for SO2 and 
NOX--(1) CEMS for EGUs. At all

[[Page 363]]

times after the compliance date specified in paragraph (d) of this 
section, the owner/operator of each unit shall maintain, calibrate, and 
operate a CEMS, in full compliance with the requirements found at 40 CFR 
part 75, to accurately measure SO2, NOX, diluent, 
and stack gas volumetric flow rate from each unit. The CEMS shall be 
used by the owner/operator to determine compliance with the emission 
limitations in paragraph (c) of this section for each unit.
    (2) Method for EGUs. (i) For any hour in which fuel is combusted in 
a unit, the owner/operator of each unit shall calculate the hourly 
average SO2 and NOX concentration in lb/MMBtu at 
the CEMS in accordance with the requirements of 40 CFR part 75. At the 
end of each boiler operating day, the owner/operator shall calculate and 
record a new 30-day rolling average emission rate in lb/MMBtu from the 
arithmetic average of all valid hourly emission rates from the CEMS for 
the current boiler operating day and the previous 29 successive boiler 
operating days.
    (ii) An hourly average SO2 or NOX emission 
rate in lb/MMBtu is valid only if the minimum number of data points, as 
specified in 40 CFR part 75, is acquired by the owner/operator for both 
the pollutant concentration monitor (SO2 or NOX) 
and the diluent monitor (O2 or CO2).
    (iii) Data reported by the owner/operator to meet the requirements 
of this section shall not include data substituted using the missing 
data substitution procedures of subpart D of 40 CFR part 75, nor shall 
the data have been bias adjusted according to the procedures of 40 CFR 
part 75.
    (3) CEMS for cement kilns. At all times after the compliance date 
specified in paragraph (d) of this section, the owner/operator of each 
unit shall maintain, calibrate, and operate a CEMS, in full compliance 
with the requirements found at 40 CFR 60.63(f) and (g), to accurately 
measure concentration by volume of SO2 and NOX 
emissions into the atmosphere from each unit. The CEMS shall be used by 
the owner/operator to determine compliance with the emission limitations 
in paragraph (c) of this section for each unit, in combination with data 
on actual clinker production. The owner/operator must operate the 
monitoring system and collect data at all required intervals at all 
times the affected unit is operating, except for periods of monitoring 
system malfunctions, repairs associated with monitoring system 
malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments).
    (4) Method for cement kilns. (i) The owner/operator of each unit 
shall record the daily clinker production rates.
    (ii) The owner/operator of each unit shall calculate and record the 
30-operating day rolling emission rates of SO2 and 
NOX, in lb/ton of clinker produced, as the total of all 
hourly emissions data for the cement kiln in the preceding 30 days, 
divided by the total tons of clinker produced in that kiln during the 
same 30-day operating period, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR18SE12.069

Where:

ED = 30 kiln operating day average emission rate of 
          NOX or SO2, lb/ton of clinker;
Ci = Concentration of NOX or SO2 for 
          hour i, ppm;
Qi = volumetric flow rate of effluent gas for hour i, where
Ci and Qi are on the same basis (either wet or 
          dry), scf/hr;
Pi = total kiln clinker produced during production hour i, 
          ton/hr;
k = conversion factor, 1.194 x 10-7 for NOX and 
          1.660 x 10-7 for SO2; and.
n = number of kiln operating hours over 30 kiln operating days, n = 1 to 
          720.


[[Page 364]]


    For each kiln operating hour for which the owner/operator does not 
have at least one valid 15-minute CEMS data value, the owner/operator 
must use the average emissions rate (lb/hr) from the most recent 
previous hour for which valid data are available. Hourly clinker 
production shall be determined by the owner/operator in accordance with 
the requirements found at 40 CFR 60.63(b).
    (iii) At the end of each kiln operating day, the owner/operator of 
each unit shall calculate and record a new 30-day rolling average 
emission rate in lb/ton clinker from the arithmetic average of all valid 
hourly emission rates for the current kiln operating day and the 
previous 29 successive kiln operating days.
    (5) Method for compressor station. The owner/operator of Blaine 
County 1 Compressor Station shall install a temperature-sensing 
device (i.e. thermocouple or resistance temperature detectors) before 
the catalyst in order to monitor the inlet temperatures of the catalyst 
for each engine. The owner/operator shall maintain the exhaust 
temperature at the inlet to the catalyst for each engine at a minimum of 
least 750 [deg]F and no more than 1250 [deg]F in accordance with the 
catalyst manufacturer's specifications. Also, the owner/operator shall 
install gauges before and after the catalyst for each engine in order to 
monitor pressure drop across the catalyst. During the initial 
performance test the owner/operator maintain the pressure drop within 
 2[sec] water at 100 percent load plus or minus 10 
percent from the pressure drop across the catalyst measured. The owner/
operator shall follow the manufacturer's recommended maintenance 
schedule and procedures for each engine and its respective catalyst. The 
owner/operator shall only fire each engine with natural gas that is of 
pipeline-quality in all respects except that the CO2 
concentration in the gas shall not be required to be within pipeline-
quality.
    (f) Compliance determinations for particulate matter.
    (1) EGU particulate matter BART limits. Compliance with the 
particulate matter BART emission limits for each EGU BART unit shall be 
determined by the owner/operator from annual performance stack tests. 
Within 60 days of the compliance deadline specified in paragraph (d) of 
this section, and on at least an annual basis thereafter, the owner/
operator of each unit shall conduct a stack test on each unit to measure 
particulate emissions using EPA Method 5, 5B, 5D, or 17, as appropriate, 
in 40 CFR part 60, Appendix A. A test shall consist of three runs, with 
each run at least 120 minutes in duration and each run collecting a 
minimum sample of 60 dry standard cubic feet. Results shall be reported 
by the owner/operator in lb/MMBtu. The results from a stack test meeting 
the requirements of this paragraph that were completed within 120 days 
prior to the compliance date can be used by the owner/operator in lieu 
of the first stack test required. In addition to annual stack tests, 
owner/operator shall monitor particulate emissions for compliance with 
the BART emission limits in accordance with the applicable Compliance 
Assurance Monitoring (CAM) plan developed and approved in accordance 
with 40 CFR part 64.
    (2) Cement kiln particulate matter BART limits. Compliance with the 
particulate matter BART emission limits for each cement kiln shall be 
determined by the owner/operator from annual performance stack tests. 
Within 60 days of the compliance deadline specified in paragraph (d) of 
this section, and on at least an annual basis thereafter, the owner/
operator of each unit shall conduct a stack test on each unit to measure 
particulate matter emissions using EPA Method 5, 5B, 5D, or 17, as 
appropriate, in 40 CFR part 60, Appendix A. A test shall consist of 
three runs, with each run at least 120 minutes in duration and each run 
collecting a minimum sample of 60 dry standard cubic feet. The average 
of the results of three test runs shall be used by the owner/operator 
for demonstrating compliance.
    Clinker production shall be determined in accordance with the 
requirements found at 40 CFR 60.63(b). Results of each test shall be 
reported by the owner/operator as the average of three valid test runs. 
In addition to annual stack tests, owner/operator shall monitor 
particulate emissions for compliance with the BART emission limits in

[[Page 365]]

accordance with the applicable Compliance Assurance Monitoring (CAM) 
plan developed and approved in accordance with 40 CFR part 64.
    (i) For Ash Grove Cement, the emission rate of particulate matter 
shall be computed by the owner/operator for each run in pounds per hour 
(lb/hr).
    (ii) For Holcim, the emission rate (E) of particulate matter shall 
be computed by the owner/operator for each run in lb/ton clinker, using 
the following equation:

E = (CsQs)/PK

Where:

E = emission rate of PM, lb/ton of clinker produced;
Cs = concentration of PM in grains per standard cubic foot 
          (gr/scf);
Qs = volumetric flow rate of effluent gas, where 
          Cs and Qs are on the same basis (either 
          wet or dry), scf/hr;
P = total kiln clinker production, tons/hr; and
K = conversion factor, 7000 gr/lb,

    (g) Recordkeeping for EGUs. The owner/operator shall maintain the 
following records for at least five years:
    (1) All CEMS data, including the date, place, and time of sampling 
or measurement; parameters sampled or measured; and results.
    (2) Records of quality assurance and quality control activities for 
emissions measuring systems including, but not limited to, any records 
required by 40 CFR Part 75.
    (3) Records of all major maintenance activities conducted on 
emission units, air pollution control equipment, and CEMS.
    (4) Any other records required by 40 CFR part 75.
    (5) All particulate matter stack test results.
    (h) Recordkeeping for cement kilns. The owner/operator shall 
maintain the following records for at least five years:
    (1) All CEMS data, including the date, place, and time of sampling 
or measurement; parameters sampled or measured; and results.
    (2) All particulate matter stack test results.
    (3) All records of clinker production.
    (4) Records of quality assurance and quality control activities for 
emissions measuring systems including, but not limited to, any records 
required by 40 CFR part 60, appendix F, Procedure 1.
    (5) Records of all major maintenance activities conducted on 
emission units, air pollution control equipment, CEMS and clinker 
production measurement devices.
    (6) Any other records required by 40 CFR part 60, Subpart F, or 40 
CFR part 60, Appendix F, Procedure 1.
    (i) Reporting. All reports under this section, with the exception of 
40 CFR 52.1396(n) and (o), shall be submitted by the owner/operator to 
the Director, Office of Enforcement, Compliance and Environmental 
Justice, U.S. Environmental Protection Agency, Region 8, Mail Code 8ENF-
AT, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
    (1) The owner/operator of each unit shall submit excess emissions 
reports for SO2 and NOX BART limits. Reports shall 
be submitted quarterly by the owner/operator for EGUs and semiannually 
for cement kilns, no later than the 30th day following the end of each 
calendar quarter or semiannual period, respectively. Excess emissions 
means emissions that exceed the emissions limits specified in paragraph 
(c) of this section. The reports shall include the magnitude, date(s), 
and duration of each period of excess emissions, specific identification 
of each period of excess emissions that occurs during startups, 
shutdowns, and malfunctions of the unit, the nature and cause of any 
malfunction (if known), and the corrective action taken or preventative 
measures adopted.
    (2) The owner/operator of each unit shall submit CEMS performance 
reports, to include dates and duration of each period during which the 
CEMS was inoperative (except for zero and span adjustments and 
calibration checks), reason(s) why the CEMS was inoperative and steps 
taken to prevent recurrence, and any CEMS repairs or adjustments. The 
owner/operator shall submit reports quarterly for EGUs and semiannually 
for cement kilns.
    (i) For EGUs: The owner/operator of each unit shall also submit 
results of any CEMS performance tests required by 40 CFR part 75 
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder 
Gas Audits).

[[Page 366]]

    (ii) For cement kilns: Owner/operator of each unit shall also submit 
results of any CEMS performance tests required by 40 CFR part 60, 
appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative 
Accuracy Audits, and Cylinder Gas Audits).
    (3) When no excess emissions have occurred or the CEMS has not been 
inoperative, repaired, or adjusted during the reporting period, the 
owner/operator shall state such information in the quarterly reports 
required by sections (h)(1) and (2) of this section.
    (4) The owner/operator of each unit shall submit results of any 
particulate matter stack tests conducted for demonstrating compliance 
with the particulate matter BART limits in paragraph (c) of this section 
within 60 days after the completion of the test.
    (5) The owner/operator of each unit shall submit semi-annual reports 
of any excursions under the approved CAM plan in accordance with the 
schedule specified in the source's title V permit.
    (j) Testing requirements for Blaine County 1 Compressor 
Station:
    (1) An initial performance test shall be conducted by the owner/
operator for each engine for measuring NOX emissions from the 
engines to demonstrate initial compliance with the emission limits. The 
initial performance test shall be conducted by the owner/operator as 
expeditiously as practicable, but no later than October July 31, 2018.
    (2) Upon change out of the catalyst for each engine a performance 
test shall be conducted by the owner/operator for measuring 
NOX from the engines to demonstrate compliance with the 
emission limits and re-establish temperature and pressure correlations. 
The performance test shall be conducted by the owner/operator within 90 
calendar days of the date of the catalyst change out.
    (3) The performance tests for NOX shall be conducted by 
the owner/operator in accordance with the test methods specified in 40 
CFR Part 60, Appendix A. EPA Reference Method 7E shall be used to 
measure NOX emissions.
    (4) All tests conducted by the owner/operator for NOX 
emissions must meet the following requirements:
    (i) All tests shall be performed at a maximum operating rate (90 to 
110 percent of engine capacity at site elevation).
    (ii) During each test run, data shall be collected on all parameters 
necessary to document how NOX emissions in pounds per hour 
were measured or calculated (such as test run length, minimum sample 
volume, volumetric flow rate, moisture and oxygen corrections, etc.). 
The temperature at the inlet to the catalyst and the pressure drop 
across the catalyst shall also be measured and recorded during each test 
run for each engine.
    (iii) Each source test shall consist of at least three 1-hour or 
longer valid test runs. Emission results shall be reported as the 
arithmetic average of all valid test runs and shall be in terms of the 
emission limits (pounds per hour).
    (iv) A source test plan for NOX emissions shall be 
submitted to EPA at least 45 calendar days prior to the scheduled 
performance test.
    (v) The source test plan shall include and address the following 
elements:
    (A) Purpose of the test;
    (B) Engines and catalysts to be tested;
    (C) Expected engine operating rate(s) during test;
    (D) Schedule/date(s) for test;
    (E) Sampling and analysis procedures (sampling locations, test 
methods, laboratory identification);
    (F) Quality assurance plan (calibration procedures and frequency, 
sample recovery and field documentation, chain of custody procedures); 
and
    (G) Data processing and reporting (description of data handling and 
quality control procedures).
    (k) Monitoring, recordkeeping, and reporting requirements for Blaine 
County 1 Compressor Station:
    (1) The owner/operator shall measure NOX emissions from 
each engine at least semi-annually or once every six month period to 
demonstrate compliance with the emission limits. To meet this 
requirement, the owner/operator shall measure NOX emissions 
from each engine using a portable analyzer and a monitoring protocol 
approved by EPA.
    (2) The owner/operator shall submit the analyzer specifications and 
monitoring protocol to EPA for approval

[[Page 367]]

within 45 calendar days prior to installation of the NSCR unit.
    (3) Monitoring for NOX emissions shall commence during 
the first complete calendar quarter following the owner/operator's 
submittal of the initial performance test results for NOX to 
EPA.
    (4) The owner/operator shall measure the engine exhaust temperature 
at the inlet to the oxidation catalyst at least once per week and shall 
measure the pressure drop across the oxidation catalyst monthly.
    (5) The owner/operator shall ensure that each temperature-sensing 
device is accurate to within plus or minus 0.75% of span and that the 
pressure sensing devices be accurate to within plus or minus 0.1 inches 
of water.
    (6) The owner/operator shall keep records of all temperature and 
pressure measurements; vendor specifications for the thermocouples and 
pressure gauges; vendor specifications for the NSCR catalyst and the 
air-to-fuel ratio controller on each engine.
    (7) The owner/operator shall keep records sufficient to demonstrate 
that the fuel for the engines is pipeline-quality natural gas in all 
respects, with the exception of the CO2 concentration in the 
natural gas.
    (8) The owner/operator shall keep records of all required testing 
and monitoring that include: The date, place, and time of sampling or 
measurements; the date(s) analyses were performed; the company or entity 
that performed the analyses; the analytical techniques or methods used; 
the results of such analyses or measurements; and the operating 
conditions as existing at the time of sampling or measurement.
    (9) The owner/operator shall keep records of all deviations from the 
emission limit or operating requirements (e.g., catalyst inlet 
temperature, pressure drop across the catalyst) for each engine. The 
records shall include: The date and time of the deviation, the name and 
title of the observing employee and a brief description of the deviation 
and the measures taken to address the deviation and prevent future 
occurrences.
    (10) The owner/operator shall maintain records of all required 
monitoring data, support information (e.g., all calibration and 
maintenance records, all original strip-chart recordings for continuous 
monitoring instrumentation, and copies of all reports required) and 
deviations from operating requirements for a period of at least five 
years from the date of the monitoring sample, measurement, or report and 
that these records be made available upon request by EPA.
    (11) The owner/operator shall submit a written report of the results 
of the required performance tests to EPA within 90 calendar days of the 
date of testing completion.
    (l) Notifications. (1) The owner/operator shall submit notification 
of commencement of construction of any equipment which is being 
constructed to comply with the SO2 or NOX emission 
limits in paragraph (c) of this section.
    (2) The owner/operator shall submit semi-annual progress reports on 
construction of any such equipment.
    (3) The owner/operator shall submit notification of initial startup 
of any such equipment.
    (m) Equipment operation. At all times, the owner/operator shall 
maintain each unit, including associated air pollution control 
equipment, in a manner consistent with good air pollution control 
practices for minimizing emissions.
    (n) Credible evidence. Nothing in this section 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 requirements of this section if the appropriate performance or 
compliance test procedures or method had been performed.
    (o) CFAC notification. CFAC shall notify EPA 60 days in advance of 
resuming operation. CFAC shall submit such notice to the Director, Air 
Program, U.S. Environmental Protection Agency, Region 8, Mail Code 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Once CFAC notifies 
EPA that it intends to resume operation, EPA will initiate and complete 
a BART determination after notification and revise the FIP as necessary 
in accordance with regional haze requirements, including the BART 
provisions in 40 CFR 51.308(e). CFAC will be required to install any 
controls that are required

[[Page 368]]

as soon as practicable, but in no case later than five years following 
the effective date of this rule.
    (p) M2Green Redevelopment LLC notification. M2Green Redevelopment 
LLC shall notify EPA 60 days in advance of resuming operation. M2Green 
Redevelopment LLC shall submit such notice to the Director, Air Program, 
U.S. Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Once M2 Green Redevelopment 
LLC notifies EPA that it intends to resume operation, EPA will initiate 
and complete a four factor analysis after notification and revise the 
FIP as necessary in accordance with regional haze requirements including 
the ``reasonable progress'' provisions in 40 CFR 51.308(d)(1). M2 Green 
Redevelopment LLC will be required to install any controls that are 
required as soon as practicable, but in no case later than July 31, 
2018.

[77 FR 57915, Sept. 18, 2012]



                           Subpart CC_Nebraska



Sec. 52.1420  Identification of Plan.

    (a) Purpose and scope. This section sets forth the applicable SIP 
for Nebraska under section 110 of the CAA, 42 U.S.C. 7401 et seq., and 
40 CFR Part 51 to meet NAAQS.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) 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, 11201 Renner Boulevard, Lenexa, Kansas 66219; at 
EPA Air and Radiation Docket and Information Center, 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 (800) 223-0425 or 
(913) 551-7122; 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 Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                  State
      Nebraska citation            Title        effective          EPA approval date             Explanation
                                                   date
----------------------------------------------------------------------------------------------------------------
                                                STATE OF NEBRASKA
                                       Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1.......................  Definitions....     1/9/2011  3/22/2011, 76 FR 15852........
129-2.......................  Definition of      3/14/2006  3/22/2011, 76 FR 15852........
                               Major Source.
129-3.......................  Region and           6/26/94  1/4/95, 60 FR 372.............
                               Subregions.
129-4.......................  Ambient Air           4/1/02  7/8/03, 68 FR 40528...........
                               Quality             7/10/02
                               Standards.
129-5.......................  Operating           11/20/02  9/5/03, 68 FR 52691...........  Section 001.02 is
                               Permit.                                                       not SIP approved.
129-6.......................  Emissions           11/20/02  9/5/03, 68 FR 52691...........
                               Reporting.

[[Page 369]]

 
129-7.......................  Operating            8/22/00  5/29/02, 67 FR 37325..........
                               Permits--Appli
                               cation.
129-8.......................  Operating            8/22/00  5/29/02, 67 FR 37325..........
                               Permit Content.
129-9.......................  General              6/26/94  1/4/95, 60 FR 372.............
                               Operating
                               Permits for
                               Class I and II
                               Sources.
129-10......................  Operating             9/7/97  1/20/00, 65 FR 3130...........
                               Permits for
                               Temporary
                               Sources.
129-11......................  Operating            6/26/94  1/4/95, 60 FR 372.............
                               Permits--Emerg
                               ency; Defense.
129-12......................  Operating            5/29/95  2/9/96, 61 FR 4899............
                               Permit Renewal
                               and Expiration.
129-13......................  Class I              6/26/94  1/4/95, 60 FR 372.............
                               Operating
                               Permit--EPA
                               Review;
                               Affected
                               States Review;
                               Class II
                               Permit.
129-14......................  Permits: Public     2/6/2008  3/22/2011, 76 FR 15852........
                               Participation.
129-15......................  Permit              2/6/2008  3/22/2011, 76 FR 15852........
                               Revisions;
                               Reopening for
                               Cause.
129-16......................  Stack Heights;      12/15/98  5/29/02, 67 FR 37325..........
                               Good
                               Engineering
                               Practice (GEP).
129-17......................  Construction       2/06/2008  3/22/2011, 76 FR 15852........  Approval does not
                               Permits--When                                                 include Nebraska's
                               Required.                                                     revisions to
                                                                                             sections 001.02T
                                                                                             and 013.04T
                                                                                             pertaining to
                                                                                             ethanol production
                                                                                             facilities, which
                                                                                             were not submitted
                                                                                             by the State.
129-19......................  Prevention of      2/06/2008  0/22/2011, 76 FR 15852........
                               Significant
                               Deterioration
                               of Air Quality.
129-20......................  Particulate           2/7/04  3/31/05, 70 FR 16426..........
                               Emissions;
                               Limitations
                               and Standards
                               (Exceptions
                               Due to
                               Breakdowns or
                               Scheduled
                               Maintenance:
                               See Chapter
                               35).
129-21......................  Controls for         7/10/02  7/8/03, 68 FR 40528...........
                               Transferring,
                               Conveying,
                               Railcar and
                               Truck Loading
                               at Rock
                               Processing
                               Operations in
                               Cass County.
129-22......................  Incinerators;         9/7/97  1/20/00, 65 FR 3130...........
                               Emission
                               Standards.
129-24......................  Sulfur Compound      6/26/94  1/4/95, 60 FR 372.............
                               Emissions,
                               Existing
                               Sources
                               Emission
                               Standards.
129-25......................  Nitrogen Oxides       9/7/97  1/20/00, 65 FR 3130...........
                               (Calculated as
                               Nitrogen
                               Dioxide);
                               Emissions
                               Standards for
                               Existing
                               Stationary
                               Sources.
129-30......................  Open Fires,          9/25/05  8/11/10, 75 FR 48582..........
                               Prohibited;
                               Exceptions.
129-32......................  Dust; Duty to        6/26/94  1/4/95, 60 FR 372.............
                               Prevent Escape
                               of.
129-33......................  Compliance;          6/26/94  1/4/95, 60 FR 372.............
                               Time Schedule
                               for.
129-34......................  Emission              5/7/05  7/10/06, 71 FR 38776..........
                               Sources;
                               Testing;
                               Monitoring.
129-35......................  Compliance;           9/7/97  1/20/00, 65 FR 3130...........
                               Exceptions Due
                               to Startup,
                               Shutdown, or
                               Malfunction.
129-36......................  Control              6/26/94  1/4/95, 60 FR 372.............
                               Regulations;
                               Circumvention,
                               When Excepted.
129-37......................  Compliance;          6/26/94  1/4/95, 60 FR 372.............
                               Responsibility.
129-38......................  Emergency            6/26/94  1/4/95, 60 FR 372.............
                               Episodes;
                               Occurrence and
                               Control,
                               Contingency
                               Plans.
129-39......................  Visible              6/26/94  1/4/95, 60 FR 372.............
                               Emissions from
                               Diesel-powered
                               Motor Vehicles.
129-40......................  General              5/29/95  2/12/96, 61 FR 5297...........
                               Conformity.
129-41......................  General             12/15/98  5/29/02, 67 FR 37325..........
                               Provisions.
129-42......................  Permits-By-Rule     11/20/02  7/10/06, 71 FR 38776..........
                                                    4/8/03
                                                    5/7/05
129-43......................  Consolidated         5/29/95  2/9/96, 61 FR 4899............
                               with Chapter
                               41.
129-44......................  Consolidated         5/29/95  2/9/96, 61 FR 4899............
                               with Chapter
                               41.
Appendix I..................  Emergency            6/26/94  1/4/95, 60 FR 372.............
                               Emission
                               Reductions.

[[Page 370]]

 
Appendix II.................  Hazardous Air         5/7/05  7/10/06, 71 FR 38776..........
                               Pollutants
                               (HAPS).
----------------------------------------------------------------------------------------------------------------
                                   Title 115--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
115-1.......................  Definitions of        8/8/93  1/4/95, 60 FR 372.............
                               Terms.
115-2.......................  Filing and            8/8/93  1/4/95, 60 FR 372.............
                               Correspondence.
115-3.......................  Public Records        8/8/93  1/4/95, 60 FR 372.............
                               Availability.
115-4.......................  Public Records        8/8/93  1/4/95, 60 FR 372.............
                               Confidentialit
                               y.
115-5.......................  Public Hearings       8/8/93  1/4/95, 60 FR 372.............
115-6.......................  Voluntary             8/8/93  1/4/95, 60 FR 372.............
                               Compliance.
115-7.......................  Contested Cases       8/8/93  1/4/95, 60 FR 372.............
115-8.......................  Emergency             8/8/93  1/4/95, 60 FR 372.............
                               Proceeding
                               Hearings.
115-9.......................  Declaratory           8/8/93  1/4/95, 60 FR 372.............
                               Rulings.
115-10......................  Rulemaking.....       8/8/93  1/4/95, 60 FR 372.............
115-11......................  Variances......       8/8/93  1/4/95, 60 FR 372.............
----------------------------------------------------------------------------------------------------------------
                             Lincoln-Lancaster County Air Pollution Control Program
                                    Article 1--Administration and Enforcement
----------------------------------------------------------------------------------------------------------------
Section 1...................  Intent.........      5/16/95  2/14/96, 61 FR 5699...........
Section 2...................  Unlawful Acts--      5/16/95  2/14/96, 61 FR 5699...........
                               Permits
                               Required.
Section 3...................  Violations--Hea      5/16/95  2/14/96, 61 FR 5699...........
                               rings--Orders.
Section 4...................  Appeal               5/16/95  2/14/96, 61 FR 5699...........
                               Procedure.
Section 5...................  Variance.......      5/16/95  2/14/96, 61 FR 5699...........
Section 7...................  Compliance--Act      5/16/95  2/14/96, 61 FR 5699...........
                               ions to
                               Enforce--Penal
                               ties for Non-
                               Compliance.
Section 8...................  Procedure for        5/16/95  2/14/96, 61 FR 5699...........
                               Abatement.
Section 9...................  Severability...      5/16/95  2/14/96, 61 FR 5699...........
----------------------------------------------------------------------------------------------------------------
                                      Article 2--Regulations and Standards
----------------------------------------------------------------------------------------------------------------
Section 1...................  Definitions....      8/11/98  1/20/00, 65 FR 3130...........
Section 2...................  Major Sources--      8/11/98  1/20/00, 65 FR 3130...........
                               Defined.
Section 4...................  Ambient Air          5/16/95  2/14/96, 61 FR 5699...........
                               Quality
                               Standards.
Section 5...................  Operating            8/11/98  1/20/00, 65 FR 3130...........
                               Permits--When
                               Required.
Section 6...................  Emissions            8/11/98  1/20/00, 65 FR 3130...........
                               Reporting--Whe
                               n Required.
Section 7...................  Operating            8/11/98  1/20/00, 65 FR 3130...........
                               Permit--Applic
                               ation.
Section 8...................  Operating            8/11/98  1/20/00, 65 FR 3130...........
                               Permit--Conten
                               t.
Section 9...................  General              5/16/95  2/14/96, 61 FR 5699...........
                               Operating
                               Permits for
                               Class I and II
                               Sources.
Section 10..................  Operating            5/16/95  2/14/96, 61 FR 5699...........
                               Permits for
                               Temporary
                               Services.
Section 11..................  Emergency            5/16/95  2/14/96, 61 FR 5699...........
                               Operating
                               Permits--Defen
                               se.
Section 12..................  Operating            5/16/95  2/14/96, 61 FR 5699...........
                               Permit Renewal
                               and Expiration.
Section 14..................  Permits--Public      5/16/95  2/14/96, 61 FR 5699...........
                               Participation.
Section 15..................  Operating            8/11/98  1/20/00, 65 FR 3130...........
                               Permit
                               Modifications-
                               -Reopening for
                               Cause.
Section 16..................  Stack--Heights-      5/16/95  2/14/96, 61 FR 5699...........
                               -Good
                               Engineering
                               Practice (GEP).
Section 17..................  Construction         8/11/98  1/20/00, 65 FR 3130...........
                               Permits--When
                               Required.
Section 19..................  Prevention of        5/16/95  2/14/96, 61 FR 5699...........
                               Significant
                               Deterioration
                               of Air Quality.
Section 20..................  Particulate          3/31/97  1/20/00, 65 FR 3130...........
                               Emissions--Lim
                               itations and
                               Standards.
Section 22..................  Incinerator          5/16/95  2/14/96, 61 FR 5699...........
                               Emissions.
Section 24..................  Sulfur Compound      5/16/95  2/14/96, 61 FR 5699...........
                               Emissions--Exi
                               sting Sources--
                               Emission
                               Standards.
Section 25..................  Nitrogen Oxides      5/16/95  2/14/96, 61 FR 5699...........
                               (Calculated as
                               Nitrogen
                               Dioxide)--Emis
                               sions
                               Standards for
                               Existing
                               Stationary
                               Sources.
Section 32..................  Dust--Duty to        3/31/97  1/20/00, 65 FR 3130...........
                               Prevent Escape
                               of.

[[Page 371]]

 
Section 33..................  Compliance--Tim      5/16/95  2/14/96, 61 FR 5699...........
                               e Schedule for.
Section 34..................  Emission             5/16/95  2/14/96, 61 FR 5699...........
                               Sources--Testi
                               ng--Monitoring.
Section 35..................  Compliance--Exc      5/16/95  2/14/96, 61 FR 5699...........
                               eptions Due to
                               Startup
                               Shutdown or
                               Malfunction.
Section 36..................  Control              5/16/95  2/14/96, 61 FR 5699...........
                               Regulations--C
                               ircumvention--
                               When Expected.
Section 37..................  Compliance--Res      5/16/95  2/14/96, 61 FR 5699...........
                               ponsibility of
                               Owner/Operator
                               Pending Review
                               by Director.
Section 38..................  Emergency            5/16/95  2/14/96, 61 FR 5699...........
                               Episodes--Occu
                               rrence and
                               Control--Conti
                               ngency Plans.
Appendix I..................  Emergency            5/16/95  2/14/96, 61 FR 5699...........
                               Emission
                               Reduction
                               Regulations.
----------------------------------------------------------------------------------------------------------------
                                                  City of Omaha
                                         Chapter 41--Air Quality Control
                                              Article I In General
----------------------------------------------------------------------------------------------------------------
41-2........................  Adoption of           4/1/98  1/20/00, 65 FR 3130...........
                               State
                               Regulations
                               with
                               Exceptions.
41-4........................  Enforcement--Ge      5/29/95  2/14/96, 61 FR 5699...........
                               nerally.
41-5........................  Same Health          5/29/95  2/14/96, 61 FR 5699...........
                               Department.
41-6........................  Residential          5/29/95  2/14/96, 61 FR 5699...........
                               Exemptions.
41-9........................  Penalties......      5/29/95  2/14/96, 61 FR 5699...........
41-10.......................  Civil                5/29/95  2/14/96, 61 FR 5699...........
                               Enforcement.
----------------------------------------------------------------------------------------------------------------
                                Article II--Permitting of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
41-23.......................  Prerequisite to      5/29/95  2/14/96, 61 FR 5699...........
                               Approval.
41-27.......................  Signature            5/29/95  2/14/96, 61 FR 5699...........
                               Required;
                               Guarantee.
41-38.......................  Funds..........      5/29/95  2/14/96, 61 FR 5699...........
41-40.......................  Fees--When           5/29/95  2/14/96, 61 FR 5699...........
                               Delinquent.
----------------------------------------------------------------------------------------------------------------
                              Article IV--Waste Incinerators Division 1. Generally
----------------------------------------------------------------------------------------------------------------
41-60.......................  Definitions....      5/29/95  2/14/96, 61 FR 5699...........
41-61.......................  Violations.....      5/29/95  2/14/96, 61 FR 5699...........
----------------------------------------------------------------------------------------------------------------
                              Article IV--Waste Incinerators Division 2. Emissions
----------------------------------------------------------------------------------------------------------------
41-70.......................  New or Modified      5/29/95  2/14/96, 61 FR 5699...........
                               Facilities.
41-71.......................  Existing             5/29/95  2/14/96, 61 FR 5699...........
                               Facilities.
41-72.......................  Emission             5/29/95  2/14/96, 61 FR 5699...........
                               Testing.
----------------------------------------------------------------------------------------------------------------
                                Article IV--Waste Incinerators Division 3. Design
----------------------------------------------------------------------------------------------------------------
41-80.......................  New or Modified      5/29/95  2/14/96, 61 FR 5699...........
                               Waste
                               Incinerators.
41-81.......................  Existing             5/29/95  2/14/96, 61 FR 5699...........
                               Incinerators.
----------------------------------------------------------------------------------------------------------------

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

                                                   EPA-Approved Nebraska Source-Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  State
           Name of source                    Permit No.         effective             EPA approval date                         Explanation
                                                                   date
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Gould, Inc......................                      677      11/9/83  1/31/85, 50 FR 4510..................
(2) Asarco, Inc.....................                     1520       6/6/96  3/20/97, 62 FR 13329.................  The EPA did not approve paragraph 19.
(3) Nebraska Public Power District,                 CP07-0050      5/11/10  7/6/2012, 78 FR 40168................  EPA has only approved the elements of
 Gerald Gentleman Station.                                                                                          the permit pertaining to NOX
                                                                                                                    requirements.

[[Page 372]]

 
(4) Omaha Public Power District,                    CP07-0049      2/26/09  7/6/2012, 78 FR 40168................  .....................................
 Nebraska City Station.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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

[[Page 373]]

 
(19) Letter from City of Omaha     Omaha, Lincoln.....         9/13/95  2/14/96, 61 FR 5725  State submittal
 Regarding Authority to Implement                              11/9/95                        dates are dates of
 Section 112(l) and Letter from                                                               letters.
 the State Regarding Rule
 Omissions and PSD Program
 Implementation.
(20) Lincoln Municipal Code,       City of Lincoln....          2/5/99  1/20/00, 65 FR 3130
 Chapter 8.06.140 and 8.06.145.
(21) Lancaster Co. Resolution      Lancaster County...          2/5/99  1/20/00, 65 FR 3130
 5069, Sections 12 and 13.
(22) Nebraska Lead Maintenance     Omaha..............         1/18/01  4/20/01, 66 FR
 SIP.                                                                    20196.
(23) CAA 110(1)(2)(D)(i) SIP--     Statewide..........         5/18/07  12/17/07, 72 FR
 Interstate Transport.                                                   71245.
(24) Section 110(a)(2)...........  Statewide..........         12/7/07  7/8/11.............  This action
Infrastructure Requirements for                                         76 FR 40258........   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).
(25) Regional haze plan for the    Statewide..........         6/30/11  7/6/2012, 78 FR      The plan was
 first implementation period.                                            40168.               approved except
                                                                                              for that portion
                                                                                              pertaining to SO2
                                                                                              BART for Nebraska
                                                                                              Public Power
                                                                                              District, Gerald
                                                                                              Gentleman Units 1
                                                                                              and 2, and the
                                                                                              portion of the
                                                                                              long- term
                                                                                              strategy
                                                                                              addressing the SO2
                                                                                              BART measures for
                                                                                              these Units.
----------------------------------------------------------------------------------------------------------------


[64 FR 7103, Feb. 12, 1999, as amended at 65 FR 3133, Jan. 20, 2000; 66 
FR 20199, Apr. 20, 2001; 67 FR 37327, May 29, 2002; 68 FR 40530, July 8, 
2003; 68 FR 52694, Sept. 5, 2003; 68 FR 67046, Dec. 1, 2003; 70 FR 
16429, Mar. 31, 2005; 71 FR 38779, July 10, 2006; 72 FR 71247, Dec. 17, 
2007; 74 FR 37940, July 30, 2009; 75 FR 48584, Aug. 11, 2010; 76 FR 
15855, Mar. 22, 2011; 76 FR 40261, July 8, 2011; 77 FR 40168, July 6, 
2012; 78 FR 37976, June 25, 2013]



Sec. 52.1421  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Omaha-Council Bluffs Interstate.........           I         II       III       III           III
Lincoln-Beatrice-Fairbury Intrastate.................          II        III       III       III           III
Metropolitan Sioux City Interstate...................         III        III       III       III           III
Nebraska Intrastate..................................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10877, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]

[[Page 374]]



Sec. 52.1422  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Nebraska's plan for the attainment and maintenance of the 
national standards. No action is taken on the new source review 
regulations to comply with section 172(b)(6) and section 173 of the 
Clean Air Act as amended in 1977, and 40 CFR 51.18(j).

[37 FR 10877, May 31, 1972, as amended at 48 FR 12717, Mar. 28, 1983]



Sec. 52.1423  PM10 State implementation plan development in group II 
areas.

    The state of Nebraska committed to conform to the PM10 
regulations as set forth in 40 CFR part 51. In a letter to Morris Kay, 
EPA, dated February 5, 1988, Mr. Dennis Grams, Director, Nebraska 
Department of Environmental Control, stated:
    (a) An area in the City of Omaha and the area in and around the 
Village of Weeping Water have been classified as Group II areas for the 
purpose of PM10 State Implementation Plan (SIP) development. 
The specific boundaries of these areas are identified in our letter of 
October 6, 1987, to Carl Walter. In accordance with the requirements for 
PM10 SIP development, the State of Nebraska commits to 
perform the following PM10 monitoring and SIP development 
activities for these Group II areas:
    (1) Gather ambient PM10 data, at least to the extent 
consistent with minimum EPA requirements and guidance.
    (2) Analyze and verify the ambient PM10 data and report 
24-hour exceedances of the National Ambient Air Quality Standard for 
PM10 to the Regional Office within 45 days of each 
exceedance.
    (3) When an appropriate number of verifiable exceedances of the 24-
hour standard occur, calculated according to section 2.0 of the 
PM10 SIP Development Guideline, or when an exceedance of the 
annual PM10 standard occurs, acknowledge that a nonattainment 
problem exists and immediately notify the Regional Office.
    (4) Within 30 days of the notification referred to in paragraph 
(a)(3) of this section, or within 37 months of promulgation of the 
PM10 standards, whichever comes first, determine whether 
measures in the existing SIP will assure timely attainment and 
maintenance of the PM10 standards and immediately notify the 
Regional Office.
    (5) Within 6 months of the notification referred to in paragraph 
(a)(4) of this section, adopt and submit to EPA a PM10 
control strategy that assures attainment as expeditiously as practicable 
but no later than 3 years from approval of the committal SIP.
    An emission inventory will be compiled for the identified Group II 
areas. If either area is found to be violating the PM10 
standards, the inventory will be completed as part of the 
PM10 SIP for that area on a schedule consistent with that 
outlined in paragraphs 3, 4, and 5. If the PM10 standards are 
not violated, the inventory will be completed not later than July 1, 
1989, and submitted to EPA not later than August 31, 1990, as part of 
the determination of adequacy of the current SIP to attain and maintain 
the PM10 air quality standards.
    (b) We request that the total suspended particulate nonattainment 
areas in Omaha and Weeping Water (all secondary nonattainment) and 
Louisville (Primary nonattainment) be redesignated to unclassifiable.

[54 FR 21063, May 16, 1989]



Sec. 52.1424  Operating permits.

    Emission limitations and related provisions which are established in 
Nebraska operating permits as Federally enforceable conditions shall be 
enforceable by EPA. The EPA reserves the right to deem permit conditions 
not Federally enforceable. Such a determination will be made according 
to appropriate procedures and be based upon the permit, permit approval 
procedures, or permit requirement which do not conform with the 
operating permit program requirements or the requirements of EPA 
underlying regulations.

[61 FR 4901, Feb. 9, 1996]



Sec. 52.1425  Compliance schedules.

    (a) The compliance schedules for the sources identified below are 
approved as revisions to the plan pursuant to Sec. 51.104 and subpart N 
of this chapter.

[[Page 375]]

All regulations cited are air pollution control regulations of the 
State, unless otherwise noted.

                                                             Nebraska--Compliance Schedules
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Variance expiration
               Source                       Location           Regulation involved        Date adopted               date          Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
ASARCO, Inc........................  Omaha, NE.............  Nebraska DEC Second     Nov. 12, 1986........  Not applicable.......  Feb. 1, 1988
                                                              Amended
                                                              Administrative Order
                                                              No. 753.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[41 FR 22350, June 3, 1976, as amended at 41 FR 52456, Nov. 30, 1976; 42 
FR 16140, Mar. 25, 1977; 50 FR 4512, Jan. 31, 1985; 51 FR 40675, 40676, 
Nov. 7, 1986; 52 FR 28696, Aug. 3, 1987; 54 FR 25259, June 14, 1989]



Sec. 52.1426  Original identification of plan section.

    (a) This section identifies the original ``Nebraska Air Quality 
Implementation Plan'' and all revisions submitted by Nebraska that were 
Federally approved prior to July 1, 1998.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Request submitted by the Governor on January 24, 1972, for a 
two-year extension in order to meet the primary standard for NOx in the 
Omaha-Council Bluffs AQCR. (Non-regulatory)
    (2) Clarification of section 11 of the State plan submitted on 
February 16, 1972 by the Nebraska Department of Environmental Control. 
(Non-regulatory)
    (3) A confirmation that the State does not have air quality control 
standards based on the enclosed disapproval of the State Attorney 
General was submitted on April 25, 1972 by the Nebraska Department of 
Environmental Control. (Non-regulatory)
    (4) Revision of Rules 3 through 18 and Rule 21 and 22 submitted on 
June 9, 1972, by the Governor.
    (5) Amendments to the Omaha Air Pollution Control Ordinance 26350 
submitted on June 29, 1972, by the Governor.
    (6) Letters submitted September 26 and 27, 1972, from the State 
Department of Environmental Control revising Rule 3 and Rule 5 of the 
State Rules and Regulations.
    (7) Letters clarifying the application of the State emergency 
episode, rule 22(a), submitted October 2, 1972, by the State Department 
of Environmental Control. (Non-regulatory).
    (8) Revision of the State air regulations to expand emission 
limitations to apply State-wide, change procedures for preconstruction 
review of new sources, change procedures for disapproving construction 
permits for new or modified sources and add new sulfur oxide emission 
standards was submitted on February 27, 1974, by the Nebraska Department 
of Environmental Control.
    (9) Copy of the State's analysis of ambient air quality in Standard 
Metropolitan Statistical Areas in the State and recommendations for 
designation of Air Quality Maintenance Areas submitted by the Department 
of Environmental Control on May 9, 1974. (Non-regulatory)
    (10) Compliance schedules were submitted by the Department of 
Environmental Control on September 13, 1974.
    (11) Compliance schedules were submitted by the Department of 
Environmental Control on February 21, 1975.
    (12) Compliance schedules were submitted by the Department of 
Environmental Control on May 23, 1975.
    (13) Revision of regulations to include the second group of New 
Source Performance Standards and provide for granting of post-attainment 
variances and releasing of emission data was submitted on August 5, 
1975, by the Governor.

[[Page 376]]

    (14) Compliance schedules were submitted by the Governor on August 
27, 1975.
    (15) Compliance schedules were submitted by the Governor on January 
1, 1976.
    (16) Compliance schedules were submitted by the Department of 
Environmental Control on January 15, 1976.
    (17) Amended State law (LB1029) giving the Department of 
Environmental Control authority to require monitoring of emissions, 
require reporting of emissions and release emission data was submitted 
by the Governor on February 10, 1976.
    (18) Compliance schedules were submitted by the Governor on April 
23, 1976.
    (19) Compliance schedules were submitted by the Governor on October 
27, 1976.
    (20) Revised Rule 17, requiring continuous opacity monitoring by 
power plants, was submitted on November 2, 1976, by the Governor.
    (21) A plan revision to meet the requirements of 40 CFR 58.20, 
dealing with statewide air quality monitoring and data reporting, was 
submitted by the Governor on June 19, 1981.
    (22) Revised Rule 13, granting an increase in the visible emission 
limitations for existing teepee waste wood burners and alfalfa 
dehydrators, was submitted by the Governor on December 29, 1977.
    (23) Revision to the SIP concerning the adoption of the Lancaster 
County Air Pollution Control Resolution was submitted by the Governor on 
April 4, 1977.
    (24) Revision to the SIP concerning the adoption of the revised 
local air pollution control ordinances for the cities of Omaha and 
Lincoln was submitted by the Governor on December 27, 1977.
    (25) State plan revisions and corrections thereto to attain the 
National Ambient Air Quality Standards for total suspended particulate 
in Douglas and Cass Counties, designated as nonattainment under section 
107 of the Clean Air Act Amendments of 1977, were submitted by the 
Governor on September 25, 1980, and on August 9, 1982. Included in the 
plan are revised Rule 6, and new Rule 5A.
    (26) New Rule 18, ``Compliance; Exceptions Due to Startup, Shutdown, 
or Malfunction,'' was submitted by the Governor on August 9, 1982.
    (27) A plan revision to provide for Intergovernmental Consultation 
and Coordination and for Public Notification was submitted to EPA by the 
Governor of Nebraska on August 9, 1982.
    (28) A plan revision for attaining and maintaining the National 
Ambient Air Quality Standard for Lead in the State of Nebraska was 
submitted to EPA on January 9, 1981, by the Governor. Additional 
material was submitted by the State on August 5, 1981 and January 11, 
1983. All portions of the submittals are approved except the control 
strategy for Omaha and the request for a two year extension to attain 
the lead standard in Omaha.
    (29) Revisions to Rule 1, ``Definitions,'' and to Rule 4, ``New and 
Complex Sources; Standards of Performance, Application for Permit, When 
Required;'' and a new regulation: Rule 4.01, ``Prevention of Significant 
Deterioration of Air Quality,'' were submitted by the Governor on May 
23, 1983; clarifying letter dated May 30, 1984.
    (30) On July 24, 1984, Nebraska submitted a lead SIP for Omaha. 
Additional portions of the Omaha lead SIP were submitted by the State on 
November 17, 1983, and August 1, 1984. EPA withheld action on the 
enforceable control measures contained in the Omaha lead SIP, but 
approved all other portions.
    (31) Revisions to Chapter 10 ``Incinerators; Emission Standards;'' 
Chapter 12 ``Sulfur Compound Emissions; Emission Standards;'' Chapter 14 
``Open Fires, Prohibited; Exceptions;'' and Chapter 20 ``Emission 
Sources; Testing: Monitoring'' were submitted by the Governor on October 
6, 1983.
    (32) Revisions to Chapter 1, ``Definitions''; Chapter 4, ``Reporting 
and Operating Permits for Existing Sources; When Required''; and Chapter 
5, ``New, Modified, and Reconstructed Sources; Standards of Performance, 
Application for Permit, When Required'', were submitted by the Governor 
on October 6, 1983. These revisions deleted the review requirements for 
complex sources of air pollution for the entire State.

[[Page 377]]

These review requirements were adopted by the State on February 22, 1974 
(submitted on February 27, 1974) and were approved by EPA on September 
9, 1975. See paragraph (c)(8) above. Approval action was taken on the 
deletion of these requirements except as they pertain to the Lincoln and 
Omaha CO nonattainment areas.
    (33) A State Implementation Plan revision to provide for attainment 
of the carbon monoxide standard in Omaha was submitted by Governor 
Kerrey on April 3, 1985. Action was also taken to delete review 
requirements for complex sources of air pollution in Omaha; see 
paragraph (c)(32) of this section.
    (i) Incorporation by reference.
    (A) An RFP curve from page 27 of the Carbon Monoxide State 
Implementation Plan for Omaha, Nebraska, dated January 18, 1985.
    (ii) Additional material.
    (A) Narrative submittal entitled ``Carbon Monoxide State 
Implementation Plan for Omaha, Nebraska'', including an attainment 
demonstration.
    (B) Emission Inventory for carbon monoxide sources.
    (34) A State Implementation Plan revision to provide for attainment 
of the carbon monoxide standard in Lincoln was submitted by Governor 
Kerrey on April 3, 1985. Action was also taken to delete review 
requirements for complex sources of air pollution in Lincoln; see 
paragraph (c)(32) of this section.
    (i) Incorporation by reference.
    (A) An RFP table from page 18 of the State Implementation Plan 
Revision for Carbon Monoxide for Lincoln, Nebraska, adopted on March 1, 
1985.
    (ii) Additional material.
    (A) Narrative submittal entitled, ``State Implementation Plan 
Revision for Carbon Monoxide for Lincoln, Nebraska'', including an 
attainment demonstration.
    (B) Emission Inventory for carbon monoxide sources.
    (35) On February 2, 1987, Nebraska submitted revisions to the lead 
SIP for Omaha. The revisions contained a revised demonstration of 
attainment of the lead standard in Omaha, a revised control strategy to 
provide the lead emission reductions claimed in the demonstration of 
attainment, and Administrative Order No. 753 dated August 22, 1985, as 
amended by Amended Administrative Order No. 753 dated May 9, 1986, and 
by Second Amended Administrative Order No. 753 dated November 12, 1986. 
All items in the revisions were approved.
    (i) Incorporation by reference.
    (A) Administrative Order 753 dated August 22, 1985, issued by the 
Nebraska Department of Environmental Control to ASARCO Incorporated.
    (B) Amended Administrative Order 753 dated May 9, 1986, issued by 
the Nebraska Department of Environmental Control to ASARCO Incorporated.
    (C) Second Amended Administrative Order 753 dated November 12, 1986, 
issued by the Nebraska Department of Environmental Control to ASARCO 
Incorporated.
    (ii) Additional material.
    (A) 1986 Revised Demonstration of Attainment and Control Measures 
for the Nebraska State Implementation Plan for Lead--Omaha, submitted by 
ASARCO Incorporated, October 3, 1986.
    (36) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025, 
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice 
(GEP)'', were submitted by the Governor on May 6, 1986.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025, 
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice 
(GEP)'', effective May 5, 1986.
    (ii) Additional material.
    (A) None.
    (37) Revised Title 129 of Nebraska Air Pollution Control rules and 
regulations pertaining to PM10 and other rule revisions 
submitted by the Governor of Nebraska on June 15, 1988.
    (i) Incorporation by reference.
    (A) Nebraska Department of Environmental Control Title 129--Nebraska 
Air Pollution Control rules and regulations adopted by the Nebraska 
Environmental Control Council February 5, 1988, effective June 5, 1988. 
The following Nebraska rules are not approved: Chapter 1, definition at 
013, ``Best Available Control Technology''; Chapter 4, section 004.01G, 
except as it applies to lead; Chapter 6, section 002.04 and section 007; 
Appendix III except for lead; Chapter 6, section 001 pertaining

[[Page 378]]

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

[[Page 379]]

    (i) Incorporation by reference.
    (A) Revised rules ``Title 129--Nebraska Air Quality Regulations,'' 
effective May 29, 1995. This revision applies to chapters 5, 7, 12, 17, 
19, 25, 41 and deletes chapters 42, 43 and 44.
    (ii) Additional material.
    (A) None.
    (44) On May 31 and June 2, 1995, the Director of the Nebraska 
Department of Environmental Quality (NDEQ) submitted revisions to the 
SIP to update the local ordinances of the Lincoln-Lancaster County 
Health Department and city of Omaha, respectively, and to create 
Federally enforceable Class II operating permit programs for these 
agencies.
    (i) Incorporation by reference.
    (A) 1993 Lincoln-Lancaster County Air Pollution Control Program, 
Version March 1995, effective May 16, 1995. This includes the following 
citations: Article I (except Section 6); Article II, Sections 1-12, 14-
17, 19-20, 22, 24-25, 32-38; and Appendix I.
    (B) Ordinance No. 33102 dated November 2, 1993, which adopts Chapter 
41, Article I, Sections 41-4 through 41-6; 41-9; 41-10; Article II, 
Sections 41-23; 41-27; 41-38; and 41-40 and Article IV of the Omaha 
Municipal Code. Ordinance No. 33506 dated March 21, 1995, amends Chapter 
41, Article I, Sections 41-2 and 41-9 of the Omaha Municipal Code and 
adopts Title 129, Nebraska Air Quality Regulations, approved December 2, 
1994.
    (ii) Additional material.
    (A) Letter from the city of Omaha dated September 13, 1995, 
regarding adequate authority to implement section 112(l).
    (B) Letter from the NDEQ dated November 9, 1995, regarding rule 
omissions and PSD.
    (45) A revision to the Nebraska SIP to reduce lead emissions in the 
Omaha lead nonattainment area sufficient to bring that area back into 
attainment with the lead National Ambient Air Quality Standard.
    (i) Incorporation by reference.
    (A) Amended Complaint and Compliance Order Case No. 1520, signed 
June 6, 1996, except for paragraph 19 and accompanying work practice 
manual in Appendix A.
    (ii) Additional material.
    (A) Supplemental document entitled, ``Methods for Determining 
Compliance'' submitted by the state to provide additional detail 
regarding the compliance methods for this Order.

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

    Editorial Note: For Federal Register citations affecting Sec. 
52.1426, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1427  Operating permits.

    Emission limitations and related provisions which are established in 
the city of Omaha and Lincoln-Lancaster operating permits as Federally 
enforceable conditions shall be enforceable by EPA. The EPA reserves the 
right to deem permit conditions not Federally enforceable. Such a 
determination will be made according to appropriate procedures and be 
based upon the permit, permit approval procedures, or permit requirement 
which do not conform with the operating permit program requirements or 
the requirements of EPA underlying regulations.

[61 FR 5701, Feb. 14, 1996]



Sec. 52.1428  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 Nebraska 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 Nebraska'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

[[Page 380]]

promulgation of an approval by the Administrator of a revision to 
Nebraska's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Nebraska's SIP revision described in 
paragraph (a) 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.

[76 FR 48369, Aug. 8, 2011]



Sec. 52.1429  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 Nebraska 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 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 Nebraska'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 
Nebraska's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Nebraska'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 48369, Aug. 8, 2011]



Sec. Sec. 52.1430-52.1435  [Reserved]



Sec. 52.1436  Significant deterioration of air quality.

    The requirements of sections 160 through 165 of the Clean Air Act 
are met except as noted in paragraphs (a) and (b) of this section. The 
EPA is retaining Sec. 52.21 except paragraph (a)(1) as part of the 
Nebraska SIP for the following types of sources:
    (a) Sources proposing to construct on Indian lands in Nebraska; and,
    (b) Enforcement of permits issued by EPA prior to the July 28, 1983, 
delegation of authority to Nebraska.

[49 FR 29599, July 23, 1984, as amended at 68 FR 11323, Mar. 10, 2003; 
68 FR 74489, Dec. 24, 2003]



Sec. 52.1437  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 Nebraska on 
July 13, 2011, does not include approvable measures for meeting the 
requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to 
emissions of SO2 from Nebraska Public Power District, Gerald 
Gentleman Station, Units 1 and 2. EPA has disapproved the provisions of 
the July 13, 2011 SIP pertaining to the SO2 BART 
determination for this facility, including those provisions of the long-
term strategy addressing the SO2 BART measures for these 
units.
    (b) Measures Addressing Partial Disapproval Associated with SO2. The 
deficiencies associated with the SO2 BART determination for 
Nebraska Public Power District, Gerald Gentleman Station, Units 1 and 2 
identified in EPA's partial disapproval of the regional haze

[[Page 381]]

plan submitted by Nebraska on July 13, 2011, are satisfied by Sec. 
52.1429.

[77 FR 40169, July 6, 2012]



                            Subpart DD_Nevada



Sec. 52.1470  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for the State of Nevada under section 110 of the 
Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national 
ambient air quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraph (c) 
and (d) of this section with an EPA approval date prior to September 28, 
2010, 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 28, 2010, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region IX certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of September 28, 2010.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region IX EPA Office at 75 Hawthorne Street, San 
Francisco, CA 94105; Air and Radiation Docket and Information Center, 
EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West 
Building, 1301 Constitution Ave. 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/cfr/ibr-locations.html.
    (c) EPA approved regulations.

                              Table 1--EPA-Approved Nevada Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                             State                                Additional
          State citation              Title/subject     effective date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 485, Motor Vehicles: Insurance
                                          and Financial Responsibility
----------------------------------------------------------------------------------------------------------------
485.050..........................  ``Motor vehicle''           10/1/03  77 FR 59321, 9/27/   Submitted on 5/21/
                                    defined.                             12.                  12.
                                                                                             Nev. Rev. Stat.
                                                                                              Ann. Sec.
                                                                                              485.050 (Michie
                                                                                              2010).
----------------------------------------------------------------------------------------------------------------
 Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
                    Air Controls, Air Pollution; Nevada Air Quality Regulations--Definitions
----------------------------------------------------------------------------------------------------------------
445B.001.........................  Definitions........         9/24/04  73 FR 19144 (4/9/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(3)(ii).
445.431..........................  ``Acid mist''               8/28/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                    defined.                             84).                 82. See 40 CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.002.........................  ``Act'' defined....         12/4/76  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.003.........................  ``Adjacent                 12/13/93  77 FR 59321, 9/27/   Submitted on 1/24/
                                    properties''                         12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.0035........................  ``Administrative           09/24/04  77 FR 59321, 9/27/   Submitted on 1/24/
                                    revision to a                        12.                  11. November 2010
                                    Class I operating                                         codification of
                                    permit'' defined.                                         NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.004.........................  ``Administrator''          10/14/82  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(i).
445B.005.........................  ``Affected                 10/30/95  71 FR 15040 (3/27/   Most recently
                                    facility'' defined.                  06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).

[[Page 382]]

 
445B.006.........................  ``Affected source''        10/25/01  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(v).
445B.007.........................  ``Affected state''         12/13/93  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.009.........................  ``Air-conditioning          12/4/76  71 FR 15040 (3/27/   Most recently
                                    equipment''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445.436..........................  ``Air contaminant''         8/28/79  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.011.........................  ``Air pollution''            3/5/98  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(ii).
445B.013.........................  ``Allowable                10/31/05  77 FR 59321, 9/27/   Submitted on 1/24/
                                    emissions''                          12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.014.........................  ``Alteration''             10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.015.........................  ``Alternative              10/30/95  71 FR 71486 (12/11/  Most recently
                                    method'' defined.                    06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(7)(i).
445B.016.........................  ``Alternative              10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
                                    operating                            12.                  11. November 2010
                                    scenarios''                                               codification of
                                    defined.                                                  NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.018.........................  ``Ambient air''            10/22/87  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(ii).
445B.019.........................  ``Applicable               07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    requirement''                        12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.022.........................  ``Atmosphere''              12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.029.........................  ``Best available            4/23/09  77 FR 17334, 3/26/   Included in
                                    retrofit                             12.                  supplemental SIP
                                    technology''                                              revision submitted
                                    defined.                                                  on September 20,
                                                                                              2011, and approved
                                                                                              as part of
                                                                                              approval of Nevada
                                                                                              Regional Haze SIP.
445.445..........................  ``Barite'' defined.         1/25/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                                                         84).                 82. See 40 CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445.447..........................  ``Barite grinding           1/25/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                    mill'' defined.                      84).                 82. See 40 CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.030.........................  ``British thermal          10/22/87  71 FR 15040 (3/27/   Most recently
                                    units'' defined.                     06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(ii).
445B.035.........................  ``Class I-B                10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
                                    application''                        12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.036.........................  ``Class I source''         09/24/04  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.037.........................  ``Class II source''        07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.038.........................  ``Class III                07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    source'' defined.                    12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445.458..........................  ``Calcine'' defined         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).

[[Page 383]]

 
445.464..........................  ``Coal'' defined...         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445.470..........................  ``Colemanite''             11/17/78  49 FR 11626 (3/27/   Submitted on 10/26/
                                    defined.                             84).                 82. See 40 CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445.471..........................  ``Colemanite               11/17/78  49 FR 11626 (3/27/   Submitted on 10/26/
                                    processing plant''                   84).                 82. See 40 CFR
                                    defined.                                                  52.1490(c)(25)(i)(
                                                                                              A).
445B.042.........................  ``Combustible               12/4/76  71 FR 15040 (3/27/   Most recently
                                    refuse'' defined.                    06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.0423........................  ``Commence''               04/17/08  77 FR 59321, 9/27/   Submitted on 5/21/
                                    defined.                             12.                  12. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.0425........................  ``Commission''               3/5/98  71 FR 15040 (3/27/   Submitted on 1/12/
                                    defined.                             06).                 06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(ii).
445B.044.........................  ``Construction''           10/31/05  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.046.........................  ``Contiguous               12/04/76  77 FR 59321, 9/27/   Submitted on 1/24/
                                    property'' defined.                  12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.047.........................  ``Continuous                12/4/76  71 FR 15040 (3/27/   Most recently
                                    monitoring                           06).                 approved version
                                    system'' defined.                                         was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445.482..........................  ``Converter''               12/4/76  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.051.........................  ``Day'' defined....        10/22/87  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(ii).
445B.053.........................  ``Director''                12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.054.........................  ``Dispersion               10/31/05  77 FR 59321, 9/27/   Submitted on 1/24/
                                    technique''                          12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445.492..........................  ``Dryer'' defined..         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
Article 1.60.....................  Effective date.....        12/27/77  46 FR 43141 (8/27/   Submitted on 12/29/
                                                                         81).                 78. See 40 CFR
                                                                                              52.1490(c)(14)(vii
                                                                                              ).
445B.055.........................  ``Effective date of        12/13/93  71 FR 15040 (3/27/   Submitted on 1/12/
                                    the program''                        06).                 06. See 40 CFR
                                    defined.                                                  52.1490(c)(56)(i)(
                                                                                              A)(2)(v).
445B.056.........................  ``Emergency''              12/13/93  71 FR 15040 (3/27/   Submitted on 1/12/
                                    defined.                             06).                 06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(v).
445B.058.........................  ``Emission''                 3/5/98  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(ii).
445B.059.........................  ``Emission unit''          10/30/95  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445B.060.........................  ``Enforceable''            10/14/82  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(i).
445B.061.........................  ``EPA'' defined....        12/13/93  71 FR 15040 (3/27/   Submitted on 1/12/
                                                                         06).                 06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(v).
445B.062.........................  ``Equivalent               10/30/95  71 FR 71486 (12/11/  Most recently
                                    method'' defined.                    06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(7)(i).
445B.063.........................  ``Excess                   10/31/05  73 FR 19144 (4/9/    Most recently
                                    emissions''                          08).                 approved version
                                    defined.                                                  was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(3)(iii).
445B.064.........................  ``Excessive                10/31/05  77 FR 59321, 9/27/   Submitted on 1/24/
                                    concentration''                      12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.

[[Page 384]]

 
445B.066.........................  ``Existing                 10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
                                    stationary                           12.                  11. November 2010
                                    source'' defined.                                         codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
Article 1.73.....................  Existing source....         11/7/75  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                              52.1490(c)(12).
445.512..........................  ``Floating roof''           12/4/76  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445.513..........................  ``Fossil fuel''             12/4/76  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.068.........................  ``Facility''               10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.069.........................  ``Federally                04/17/08  77 FR 59321, 9/27/   Submitted on 1/24/
                                    enforceable''                        12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.070.........................  ``Federally                12/13/93  77 FR 59321, 9/27/   Submitted on 1/24/
                                    enforceable                          12.                  11. November 2010
                                    emissions cap''                                           codification of
                                    defined.                                                  NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.072.........................  ``Fuel'' defined...        10/22/87  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(ii).
445B.073.........................  ``Fuel-burning              9/19/90  71 FR 15040 (3/27/   Most recently
                                    equipment''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(iii).
445B.075.........................  ``Fugitive dust''          11/15/94  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(vi).
445B.077.........................  ``Fugitive                 10/30/95  71 FR 15040 (3/27/   Most recently
                                    emissions''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445B.080.........................  ``Garbage'' defined         12/4/76  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.082.........................  ``General permit''         10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.083.........................  ``Good engineering         10/31/05  77 FR 59321, 9/27/   Submitted on 1/24/
                                    practice stack                       12.                  11. November 2010
                                    height'' defined.                                         codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.084.........................  ``Hazardous air            12/13/93  71 FR 71486 (12/11/  Submitted on 1/12/
                                    pollutant''                          06).                 06. See 40 CFR
                                    defined.                                                  52.1490(c)(56)(i)(
                                                                                              A)(6)(ii).
445B.086.........................  ``Incinerator''             12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.087.........................  ``Increment''              12/13/93  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445.536..........................  ``Lead'' defined...         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.091.........................  ``Local air                 12/4/76  71 FR 15040 (3/27/   Most recently
                                    pollution control                    06).                 approved version
                                    agency'' defined.                                         was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.093.........................  ``Major                    09/24/04  77 FR 59321, 9/27/   Submitted on 1/24/
                                    modification''                       12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.094.........................  ``Major source''           06/01/01  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.

[[Page 385]]

 
445B.0945........................  ``Major stationary         09/24/04  77 FR 59321, 9/27/   Submitted on 1/24/
                                    source'' defined.                    12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
``Article 1- Definitions: No.2-    Lowest achievable           8/28/79  46 FR 21758 (4/14/   Submitted on 7/24/
 LAER''.                            emission rate.                       81).                 79. See 40 CFR
                                                                                              52.1490(c)(16)(i).
445B.095.........................  ``Malfunction''             12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.097.........................  ``Maximum allowable        10/22/87  71 FR 15040 (3/27/   Most recently
                                    throughput''                         06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(ii).
445B.099.........................  ``Modification''           10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.103.........................  ``Monitoring                1/11/96  71 FR 15040 (3/27/   Most recently
                                    device'' defined.                    06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(vi).
445B.104.........................  ``Motor vehicle''          06/01/01  77 FR 59321, 9/27/   Submitted on 1/24/
                                    defined.                             12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.106.........................  ``Multiple chamber          12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    incinerator''                        06).                 on 9/16/76. Most
                                    defined.                                                  recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.107.........................  ``Nearby'' defined.        10/31/05  77 FR 59321, 9/27/   Submitted on 1/24/
                                                                         12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.108.........................  ``New stationary           10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
                                    source'' defined.                    12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
Article 1.114....................  New source.........         11/7/75  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                              52.1490(c)(12).
445B.109.........................  ``Nitrogen oxides''        11/15/94  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(vi).
445B.112.........................  ``Nonattainment            10/30/95  71 FR 15040 (3/27/   Most recently
                                    area'' defined.                      06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445B.113.........................  ``Nonroad engine''           6/1/01  71 FR 15040 (3/27/   Submitted on 1/12/
                                    defined.                             06).                 06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(iv).
445B.1135........................  ``Nonroad vehicle''          6/1/01  71 FR 15040 (3/27/   Submitted on 1/12/
                                    defined.                             06).                 06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(iv).
445B.116.........................  ``Odor'' defined...        10/30/95  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445B.117.........................  ``Offset'' defined.        10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
                                                                         12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.119.........................  ``One-hour period''        10/22/87  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(ii).
445B.121.........................  ``Opacity'' defined         12/4/76  71 FR 15040 (3/27/   Originally adopted
                                                                         06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.122.........................  ``Open burning''            12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.123.........................  ``Operating                07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    permit'' defined.                    12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.

[[Page 386]]

 
445B.124.........................  ``Operating permit         12/17/02  77 FR 59321, 9/27/   Submitted on 1/24/
                                    to construct''                       12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.125.........................  ``Ore'' defined....        11/17/78  71 FR 15040 (3/27/   Originally adopted
                                                                         06).                 on 9/12/78. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(iii).
445B.127.........................  ``Owner or                  12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    operator'' defined.                  06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.129.........................  ``Particulate               12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    matter'' defined.                    06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.130.........................  ``Pathological             10/30/95  71 FR 15040 (3/27/   Most recently
                                    wastes'' defined.                    06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445B.134.........................  Person.............         9/18/06  72 FR 19801 (4/20/   Most recently
                                                                         07).                 approved version
                                                                                              was submitted on
                                                                                              12/8/06. See 40
                                                                                              CFR
                                                                                              52.1490(c)(62)(i)(
                                                                                              A)(1).
445B.1345........................  ``Plantwide                07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    applicability                        12.                  11. November 2010
                                    limitation''                                              codification of
                                    defined.                                                  NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445.565..........................  ``Petroleum''               12/4/76  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.135.........................  ``PM10'' defined...        12/26/91  71 FR 15040 (3/27/   Submitted on 1/12/
                                                                         06).                 06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(iv).
445B.138.........................  ``Potential to             12/16/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    emit'' defined.                      12.                  11. June 2012
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
Article 1.131....................  Point source.......         12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                              52.1490(c)(12).
445.570..........................  ``Portland cement           12/4/76  49 FR 11626 (3/27/   Most recently
                                    plant'' defined.                     84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445.574..........................  ``Precious metal''          8/28/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                    defined.                             84).                 82. See 40 CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445.575..........................  ``Precious metal            8/28/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                    processing plant''                   84).                 82. See 40 CFR
                                    defined.                                                  52.1490(c)(25)(i)(
                                                                                              A).
445B.142.........................  ``Prevention of            12/13/93  77 FR 59321, 9/27/   Submitted on 1/24/
                                    significant                          12.                  11. November 2010
                                    deterioration of                                          codification of
                                    air quality''                                             NAC chapter 445B
                                    defined.                                                  published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.144.........................  ``Process                   12/4/76  71 FR 15040 (3/27/   Most recently
                                    equipment''                          06).                 version was
                                    defined.                                                  submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.145.........................  ``Process weight''         10/30/95  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445B.147.........................  ``Program'' defined        12/13/93  77 FR 59321, 9/27/   Submitted on 1/24/
                                                                         12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445.585..........................  ``Process weight            8/28/79  49 FR 11626 (3/27/   Most recently
                                    rate'' defined.                      84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.151.........................  ``Reference                10/22/87  71 FR 15040 (3/27/   Most recently
                                    conditions''                         06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(ii).
445B.152.........................  ``Reference                10/30/95  71 FR 15040 (3/27/   Most recently
                                    method'' defined.                    06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445.592..........................  ``Registration              8/28/79  49 FR 11626 (3/27/   Most recently
                                    certificate''                        84).                 approved version
                                    defined.                                                  was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).

[[Page 387]]

 
445B.153.........................  ``Regulated air            10/31/05  73 FR 19144 (4/9/    Submitted on 6/26/
                                    pollutant''                          08).                 07. See 40 CFR
                                    defined.                                                  52.1490(c)(66)(i)(
                                                                                              A)(3)(iii).
445B.154.........................  ``Renewal of an            12/13/93  77 FR 59321, 9/27/   Submitted on 1/24/
                                    operating permit''                   12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.156.........................  ``Responsible              07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    official'' defined.                  12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.157.........................  ``Revision of an           09/24/04  77 FR 59321, 9/27/   Submitted on 1/24/
                                    operating permit''                   12.                  11. November 2010
                                    defined.                                                  codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445.597..........................  ``Roaster'' defined         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.161.........................  ``Run'' defined....         12/4/76  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.163.........................  ``Salvage                   12/4/76  71 FR 15040 (3/27/   Most recently
                                    operation''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.167.........................  ``Shutdown''                12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.168.........................  ``Single chamber           12/27/77  71 FR 15040 (3/27/   Most recently
                                    incinerator''                        06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(ii).
Article 1.171....................  Single source......         11/7/75  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                              52.1490(c)(12).
445B.172.........................  ``Six-minute                12/4/76  73 FR 19144 (4/9/    Most recently
                                    period'' defined.                    08).                 approved version
                                                                                              was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(1)(i).
445.618..........................  ``Slag'' defined...         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.174.........................  ``Smoke'' defined..         12/4/76  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.176.........................  ``Solid waste''             12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.177.........................  ``Source'' defined.        10/30/95  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445B.180.........................  ``Stack and                10/30/95  71 FR 15040 (3/27/   Most recently
                                    chimney'' defined.                   06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445B.182.........................  ``Standard''               11/15/94  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(vi).
445B.185.........................  ``Start-up''                12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.187.........................  ``Stationary               12/16/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    source'' defined.                    12.                  11. June 2012
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.190.........................  ``Stop order''             12/13/93  73 FR 19144 (4/9/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(2)(i).
445B.194.........................  ``Temporary                06/01/01  77 FR 59321, 9/27/   Submitted on 1/24/
                                    source'' defined.                    12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445.633..........................  ``Submerged fill            12/4/76  49 FR 11626 (3/27/   Most recently
                                    pipe'' defined.                      84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).

[[Page 388]]

 
445B.198.........................  ``Uncombined                12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    water'' defined.                     06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.200.........................  ``Violation''              12/13/93  77 FR 59321, 9/27/   Submitted on 5/21/
                                    defined.                             12.                  12. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.202.........................  ``Volatile organic         11/15/94  71 FR 71486 (12/11/  Most recently
                                    compounds''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(6)(iii).
445B.205.........................  ``Waste'' defined..         12/4/76  71 FR 15040 (3/27/   Originally adopted
                                                                         06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.207.........................  ``Wet garbage''             12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.209.........................  ``Year'' defined...        10/22/87  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(2)(ii).
445B.211.........................  Abbreviations......         9/24/04  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(vii).
----------------------------------------------------------------------------------------------------------------
 Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
                 Air Controls, Air Pollution; Nevada Air Quality Regulations--General Provisions
----------------------------------------------------------------------------------------------------------------
445B.220.........................  Severability.......          1/1/07  73 FR 19144 (4/9/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(3)(v).
445B.22017.......................  Visible emissions:           4/1/06  73 FR 19144 (4/9/    Most recently
                                    Maximum opacity;                     08).                 approved version
                                    determination and                                         submitted on 6/26/
                                    monitoring of                                             07. See 40 CFR
                                    opacity.                                                  52.1490(c)(66)(A)(
                                                                                              3)(iii).
445B.2202........................  Visible emissions:           4/1/06  73 FR 19144 (4/9/    Most recently
                                    Exceptions for                       08).                 approved version
                                    stationary sources.                                       submitted on 6/26/
                                                                                              07. See 40 CFR
                                                                                              52.1490(c)(66)(A)(
                                                                                              3)(iii).
Article 16.3.3, subsections        Standard for                3/31/77  47 FR 26386 (6/18/   Submitted on 12/29/
 16.3.3.2 and 16.3.3.3.             Opacity [Portland                    82).                 78. See 40 CFR
                                    cement plants].                                           52.1490(c)(14)(vii
                                                                                              i). Subsection
                                                                                              16.3.3.1 was
                                                                                              deleted without
                                                                                              replacement at 72
                                                                                              FR 25971 (5/8/07).
445.729..........................  Process weight rate         12/4/76  49 FR 11626 (3/27/   Most recently
                                    for calculating                      84).                 approved version
                                    emission rates.                                           was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
Article 7.2.5.1..................  [Establishes                12/3/80  47 FR 26386 (6/18/   Submitted on 11/5/
                                    maximum allowable                    82).                 80. See 40 CFR
                                    particulate                                               52.1490(c)(22)(ii)
                                    emissions rate for                                        .
                                    the first barite
                                    grinding mill at
                                    Milchem Inc. near
                                    Battle Mountain ].
445.808(1), (2)(a-c), (3), (4),    [Establishes                8/24/83  49 FR 11626 (3/27/   Submitted on 9/14/
 and (5).                           standards for            (adopted)   84).                 83. See 40 CFR
                                    maximum allowable                                         52.1490(c)(26)(i)(
                                    particulate                                               A).
                                    emissions rate and
                                    discharge opacity
                                    for certain barite
                                    grinding mills at
                                    IMCO Services and
                                    at Dresser
                                    Industries, in or
                                    near Battle
                                    Mountain].

[[Page 389]]

 
445.816(1), (2)(d), (3), (4), and  [Establishes                8/24/83  49 FR 11626 (3/27/   Submitted on 9/14/
 (5).                               standards for            (adopted)   84).                 83. See 40 CFR
                                    maximum allowable                                         52.1490(c)(26)(i)(
                                    particulate                                               A).
                                    emissions rate and
                                    discharge opacity
                                    for certain
                                    processing plants
                                    for precious
                                    metals at the
                                    Freeport Gold
                                    Company in the
                                    North Fork area].
445.730..........................  Colemanite                 11/17/78  49 FR 11626 (3/27/   Most recently
                                    flotation                            84).                 approved version
                                    processing plants.                                        was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445B.22027.......................  Emissions of                 3/5/98  72 FR 25971 (5/8/    Most recently
                                    particulate                          07).                 approved version
                                    matter: Maximum                                           was submitted on 1/
                                    allowable                                                 12/06. See 40 CFR
                                    throughput for                                            52.1490(c)(56)(i)(
                                    calculating                                               A)(3)(ii).
                                    emissions rates.
445B.2203........................  Emissions of                9/27/99  72 FR 25971 (5/8/    Most recently
                                    particulate                          07).                 approved version
                                    matter: Fuel-                                             was submitted on 1/
                                    burning equipment.                                        12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(iii).
445B.22033.......................  Emissions of                 3/5/98  72 FR 25971 (5/8/    Most recently
                                    particulate                          07).                 approved version
                                    matter: Sources                                           was submitted on 1/
                                    not otherwise                                             12/06. See 40 CFR
                                    limited.                                                  52.1490(c)(56)(i)(
                                                                                              A)(3)(ii).
445B.22037.......................  Emissions of               10/30/95  72 FR 25971 (5/8/    Most recently
                                    particulate                          07).                 approved version
                                    matter: Fugitive                                          was submitted on 1/
                                    dust.                                                     12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
Article 8, subsection 8.2.1......  [Indirect Heat              1/28/72  37 FR 10842 (5/31/   Submitted on 1/28/
                                    Transfer Fuel                        72).                 72. See 40 CFR
                                    Burning Equipment--                                       52.1490(b).
                                    Sulfur emission
                                    limits].
Article 8.2.2....................  [``Sulfur                   12/4/76  46 FR 43141 (8/27/   Submitted on 12/29/
                                    emission'' defined                   81).                 78. See 40 CFR
                                    for purposes of                                           52.1490(c)(14)(vii
                                    Article 8.].                                              ).
445B.2204........................  ``Sulfur emission''         12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.22043.......................  Sulfur emissions:           9/24/04  73 FR 19144 (4/9/    Most recently
                                    Calculation of                       08).                 approved version
                                    total feed sulfur.                                        submitted on 6/26/
                                                                                              07. See 40 CFR
                                                                                              52.1490(c)(66)(A)(
                                                                                              3)(ii).
445B.22047.......................  Sulfur emissions:           9/27/99  71 FR 15040 (3/27/   Most recently
                                    Fuel-burning                         06).                 approved version
                                    equipment.                                                was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(iii).
445B.2205........................  Sulfur emissions:           9/24/04  73 FR 19144 (4/9/    Most recently
                                    Other processes                      08).                 approved version
                                    which emit sulfur.                                        was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(A)(
                                                                                              3)(ii).
445B.22067.......................  Open burning.......         4/15/04  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(vi).
445B.2207........................  Incinerator burning         4/15/04  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(vi).
445B.22083.......................  Construction, major        10/31/05  73 FR 20536 (4/16/   Most recently
                                    modification or                      08).                 approved version
                                    relocation of                                             was submitted on 8/
                                    plants to generate                                        20/07. See 40 CFR
                                    electricity using                                         52.1490(c)(67)(i)(
                                    steam produced by                                         A)(1).
                                    burning of fossil
                                    fuels.
445B.2209........................  Reduction of animal         12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    matter.                              06).                 on 9/16/76. Most
                                                                                              recently approved
                                                                                              version was
                                                                                              submitted on 1/12/
                                                                                              06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(1)(i).
445B.22093.......................  Organic solvents           10/31/05  73 FR 19144 (4/9/    Most recently
                                    and other volatile                   08).                 approved version
                                    compounds.                                                was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(3)(iii).

[[Page 390]]

 
445B.22095.......................  Emission limitation         4/23/09  77 FR 17334, 3/26/   Included in
                                    for BART.                            12.                  supplemental SIP
                                                                                              revision submitted
                                                                                              on September 20,
                                                                                              2011, and approved
                                                                                              as part of
                                                                                              approval of Nevada
                                                                                              Regional Haze SIP.
445B.22096, excluding the NOX      Control measures            1/28/10  77 FR 50936, 8/23/   Included in
 averaging time and control type    constituting BART;                   12.                  supplemental SIP
 for units 1, 2 and 3 and the NOX   limitations on                                            revision submitted
 emission limit for unit 3 in sub-  emissions.                                                on September 20,
 paragraph (1)(c), all of which                                                               2011, and approved
 EPA has disapproved.                                                                         as part of
                                                                                              approval of Nevada
                                                                                              Regional Haze SIP.
                                                                                              Excluding the NOX
                                                                                              averaging time and
                                                                                              control type for
                                                                                              units 1, 2 and 3
                                                                                              and the NOX
                                                                                              emission limit for
                                                                                              unit 3 of NV
                                                                                              Energy's Reid
                                                                                              Gardner Generating
                                                                                              Station, all of
                                                                                              which EPA has
                                                                                              disapproved.
445B.22097.......................  Standards of                4/26/04  71 FR 15040 (3/27/   Most recently
                                    quality for                          06).                 approved version
                                    ambient air.                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(vi).
445B.225.........................  Prohibited conduct:        10/30/95  73 FR 19144 (4/9/    Most recently
                                    Concealment of                       08).                 approved version
                                    emissions.                                                was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(3)(i).
445B.227.........................  Prohibited conduct:         1/11/96  73 FR 19144 (4/9/    Most recently
                                    Operation of                         08).                 approved version
                                    source without                                            was submitted on 1/
                                    required                                                  12/06. See 40 CFR
                                    equipment; removal                                        52.1490(c)(56)(i)(
                                    or modification of                                        A)(3)(i).
                                    required
                                    equipment;
                                    modification of
                                    required procedure.
445B.229.........................  Hazardous                  10/30/95  73 FR 19144 (4/9/    Most recently
                                    emissions: Order                     08).                 approved version
                                    for reduction or                                          was submitted on 6/
                                    discontinuance.                                           26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(3)(i).
445B.230.........................  Plan for reduction          9/18/06  72 FR 19801 (4/20/   Most recently
                                    in emissions.                        07).                 approved version
                                                                                              was submitted on
                                                                                              12/8/06. See 40
                                                                                              CFR
                                                                                              52.1490(c)(62)(i)(
                                                                                              A)(1).
445.667..........................  Excess emissions:           8/28/79  49 FR 11626 (3/27/   Most recently
                                    Scheduled                            84).                 approved version
                                    maintenance;                                              was submitted on
                                    testing;                                                  10/26/82. See 40
                                    malfunction.                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
Article 2.5 (``Scheduled           [related to                 11/7/75  43 FR 1341 (1/9/78)  Submitted on 10/31/
 Maintenance, Testing, and          breakdown or                                              75. See 40 CFR
 Breakdown or Upset''),             upset].                                                   52.1490(c)(11).
 subsection 2.5.4.                                                                            Article 2.5,
                                                                                              subsection 2.5.4
                                                                                              states:
                                                                                              ``Breakdown or
                                                                                              upset, determined
                                                                                              by the Director to
                                                                                              be unavoidable and
                                                                                              not the result of
                                                                                              careless or
                                                                                              marginal
                                                                                              operations, shall
                                                                                              not be considered
                                                                                              a violation of
                                                                                              these
                                                                                              regulations.''
445B.250.........................  Notification of            10/31/05  73 FR 20536 (4/16/   Most recently
                                    Director:                            08).                 approved version
                                    Construction,                                             was submitted on 8/
                                    reconstruction and                                        20/07. See 40 CFR
                                    initial start-up;                                         52.1490(c)(67)(i)(
                                    demonstration of                                          A)(1).
                                    continuous
                                    monitoring system
                                    performance.
445B.252.........................  Testing and                10/30/03  73 FR 20536 (4/16/   Most recently
                                    sampling.                            08).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(3)(i).
445B.256.........................  Monitoring systems:        10/30/95  71 FR 71486 (12/11/  Most recently
                                    Calibration,                         06).                 approved version
                                    operation and                                             was submitted on 1/
                                    maintenance of                                            12/06. See 40 CFR
                                    equipment.                                                52.1490(c)(56)(i)(
                                                                                              A)(7)(i).
445B.257.........................  Monitoring systems:         12/4/76  71 FR 71486 (12/11/  Most recently
                                    Location.                            06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(5)(i).
445B.258.........................  Monitoring systems:         9/18/06  72 FR 19801 (4/20/   Most recently
                                    Verification of                      07).                 approved version
                                    operational status.                                       was submitted on
                                                                                              12/8/06. See 40
                                                                                              CFR
                                                                                              52.1490(c)(62)(i)(
                                                                                              A)(1).
445B.259.........................  Monitoring systems:         9/18/06  72 FR 19801 (4/20/   Most recently
                                    Performance                          07).                 approved version
                                    evaluations.                                              was submitted on
                                                                                              12/8/06. See 40
                                                                                              CFR
                                                                                              52.1490(c)(62)(i)(
                                                                                              A)(1).

[[Page 391]]

 
445B.260.........................  Monitoring systems:         9/18/06  72 FR 19801 (4/20/   Most recently
                                    Components                           07).                 approved version
                                    contracted for                                            was submitted on
                                    before September                                          12/8/06. See 40
                                    11, 1974.                                                 CFR
                                                                                              52.1490(c)(62)(i)(
                                                                                              A)(1).
445B.261.........................  Monitoring systems:         12/4/76  71 FR 71486 (12/11/  Most recently
                                    Adjustments.                         06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(5)(i).
445B.262.........................  Monitoring systems:        10/30/03  71 FR 71486 (12/11/  Most recently
                                    Measurement of                       06).                 approved version
                                    opacity.                                                  was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(7)(iii).
445B.263.........................  Monitoring systems:         12/4/76  71 FR 71486 (12/11/  Most recently
                                    Frequency of                         06).                 approved version
                                    operation.                                                was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(5)(i).
445B.264.........................  Monitoring systems:         9/25/00  71 FR 71486 (12/11/  Most recently
                                    Recordation of                       06).                 approved version
                                    data.                                                     was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(7)(ii).
445B.265.........................  Monitoring systems:          7/2/84  71 FR 71486 (12/11/  Most recently
                                    Records; reports.                    06).                 approved version
                                                                                              was submitted on 1/
                                                                                              12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(6)(i).
445B.267.........................  Alternative                10/30/03  71 FR 71486 (12/11/  Most recently
                                    monitoring                           06).                 approved version
                                    procedures or                                             was submitted on 1/
                                    requirements.                                             12/06. See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(7)(iii).
445B.275.........................  Violations: Acts             5/4/06  73 FR 19144 (4/9/    Most recently
                                    constituting;                        08).                 approved version
                                    notice.                                                   was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(3)(iv).
445B.277.........................  Stop orders........          5/4/06  73 FR 19144 (4/9/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 6/
                                                                                              26/07. See 40 CFR
                                                                                              52.1490(c)(66)(i)(
                                                                                              A)(3)(iv).
445.694..........................  Emission discharge          12/4/76  49 FR 11626 (3/27/   Most recently
                                    information.                         84).                 approved version
                                                                                              was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445.699..........................  Violations:                 12/4/76  49 FR 11626 (3/27/   Most recently
                                    Administrative                       84).                 approved version
                                    fines.                                                    was submitted on
                                                                                              10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
445.764..........................  Reduction of                8/17/81  49 FR 11626 (3/27/   Most recently
                                    employees' pay                       84).                 approved version
                                    because of use of                                         was submitted on
                                    system prohibited.                                        10/26/82. See 40
                                                                                              CFR
                                                                                              52.1490(c)(25)(i)(
                                                                                              A).
----------------------------------------------------------------------------------------------------------------
       Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution--Operating Permits Generally
----------------------------------------------------------------------------------------------------------------
445B.287, excluding paragraphs     Operating permits:         07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
 (1)(d) and (4)(b).                 General                              12.                  11, except for
                                    requirements;                                             subsection (2),
                                    exception;                                                which was
                                    restriction on                                            submitted on 5/21/
                                    transfers.                                                12. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.288.........................  Operating permits:         04/17/08  77 FR 59321, 9/27/   Submitted on 1/24/
                                    Exemptions from                      12.                  11. November 2010
                                    requirements;                                             codification of
                                    insignificant                                             NAC chapter 445B
                                    activities.                                               published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.295.........................  Application:               09/18/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    General                              12.                  11. November 2010
                                    requirements.                                             codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.297, excluding subsection     Application:               05/04/06  77 FR 59321, 9/27/   Submitted on 1/24/
 (2).                               Submission;                          12.                  11. November 2010
                                    certification;                                            codification of
                                    additional                                                NAC chapter 445B
                                    information.                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.298.........................  Application:               07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    Official date of                     12.                  11. November 2010
                                    submittal.                                                codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.305.........................  Operating permits:         07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    Imposition of more                   12.                  11. November 2010
                                    stringent                                                 codification of
                                    standards for                                             NAC chapter 445B
                                    emissions.                                                published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.

[[Page 392]]

 
445B.308, excluding paragraph      Prerequisites and          04/17/08  77 FR 59321, 9/27/   Submitted on 1/24/
 (2)(d) and subsections (4), (5),   conditions for                       12.                  11. November 2010
 and (10).                          issuance of                                               codification of
                                    certain operating                                         NAC chapter 445B
                                    permits;                                                  published by the
                                    compliance with                                           Nevada Legislative
                                    applicable state                                          Counsel Bureau.
                                    implementation
                                    plan.
445B.310.........................  Environmental              09/18/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    evaluation:                          12.                  11. November 2010
                                    Applicable sources                                        codification of
                                    and other                                                 NAC chapter 445B
                                    subjects;                                                 published by the
                                    exemption.                                                Nevada Legislative
                                                                                              Counsel Bureau.
445B.311.........................  Environmental              12/16/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    evaluation:                          12.                  11. June 2012
                                    Contents;                                                 codification of
                                    consideration of                                          NAC chapter 445B
                                    good engineering                                          published by the
                                    practice stack                                            Nevada Legislative
                                    height.                                                   Counsel Bureau.
445B.313.........................  Method for                 12/16/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    determining heat                     12.                  11. June 2012
                                    input: Class I                                            codification of
                                    sources.                                                  NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3135........................  Method for                 12/17/02  77 FR 59321, 9/27/   Submitted on 1/24/
                                    determining heat                     12.                  11. November 2010
                                    input: Class II                                           codification of
                                    sources.                                                  NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.314.........................  Method for                 12/17/02  77 FR 59321, 9/27/   Submitted on 1/24/
                                    determining heat                     12.                  11. November 2010
                                    input: Class III                                          codification of
                                    sources.                                                  NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.315.........................  Contents of                05/04/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    operating permits:                   12.                  11. November 2010
                                    Exception for                                             codification of
                                    operating permits                                         NAC chapter 445B
                                    to construct;                                             published by the
                                    required                                                  Nevada Legislative
                                    conditions.                                               Counsel Bureau.
445B.318.........................  Operating permits:         05/04/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    Requirement for                      12.                  11. November 2010
                                    each source; form                                         codification of
                                    of application;                                           NAC chapter 445B
                                    issuance or                                               published by the
                                    denial; posting.                                          Nevada Legislative
                                                                                              Counsel Bureau.
445B.319, excluding paragraph      Operating permits:         09/24/04  77 FR 59321, 9/27/   Submitted on 1/24/
 (3)(b).                            Administrative                       12.                  11. November 2010
                                    amendment.                                                codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.325, excluding subsections    Operating permits:         07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
 (1), (3), and (4).                 Termination,                         12.                  11. November 2010
                                    reopening and                                             codification of
                                    revision,                                                 NAC chapter 445B
                                    revision, or                                              published by the
                                    revocation and                                            Nevada Legislative
                                    reissuance.                                               Counsel Bureau.
445B.331.........................  Request for change         09/18/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    of location of                       12.                  11. November 2010
                                    emission unit.                                            codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3361, excluding paragraph     General                    07/22/10  77 FR 59321, 9/27/   Submitted on 1/24/
 (1)(b) and subsections (6) and     requirements.                        12.                  11. November 2010
 (7).                                                                                         codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3363........................  Operating permit to        01/28/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    construct:                           12.                  11. November 2010
                                    Application.                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.33637.......................  Operating permit to        09/24/04  77 FR 59321, 9/27/   Submitted on 1/24/
                                    construct for                        12.                  11. November 2010
                                    approval of                                               codification of
                                    plantwide                                                 NAC chapter 445B
                                    applicability                                             published by the
                                    limitation:                                               Nevada Legislative
                                    Application.                                              Counsel Bureau.
445B.3364........................  Operating permit to        01/28/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    construct: Action                    12.                  11. November 2010
                                    by Director on                                            codification of
                                    application;                                              NAC chapter 445B
                                    notice; public                                            published by the
                                    comment and                                               Nevada Legislative
                                    hearing.                                                  Counsel Bureau.

[[Page 393]]

 
445B.3365........................  Operating permit to        05/04/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    construct:                           12.                  11. November 2010
                                    Contents;                                                 codification of
                                    noncompliance with                                        NAC chapter 445B
                                    conditions.                                               published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.33656.......................  Operating permit to        05/04/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    construct for                        12.                  11. November 2010
                                    approval of                                               codification of
                                    plantwide                                                 NAC chapter 445B
                                    applicability                                             published by the
                                    limitation:                                               Nevada Legislative
                                    Contents;                                                 Counsel Bureau.
                                    noncompliance with
                                    conditions.
445B.3366........................  Expiration and             09/18/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    extension of                         12.                  11. November 2010
                                    operating permit                                          codification of
                                    to construct;                                             NAC chapter 445B
                                    expiration and                                            published by the
                                    renewal of                                                Nevada Legislative
                                    plantwide                                                 Counsel Bureau.
                                    applicability
                                    limitation.
445B.3368........................  Additional                 01/28/10  77 FR 59321, 9/27/   Submitted on 1/24/
                                    requirements for                     12.                  11. November 2010
                                    application;                                              codification of
                                    exception.                                                NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3375, excluding subsections   Class I-B                  09/18/06  77 FR 59321, 9/27/   Submitted on 1/24/
 (2) and (3).                       application:                         12.                  11. November 2010
                                    Filing requirement.                                       codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3395, excluding subsections   Action by Director         04/17/08  77 FR 59321, 9/27/   Submitted on 1/24/
 (13), (14), and (15).              on application;                      12.                  11. November 2010
                                    notice; public                                            codification of
                                    comment and                                               NAC chapter 445B
                                    hearing; objection                                        published by the
                                    by Administrator;                                         Nevada Legislative
                                    expiration of                                             Counsel Bureau.
                                    permit.
445B.340, excluding subsection     Prerequisites to           04/17/08  77 FR 59321, 9/27/   Submitted on 1/24/
 (3).                               issuance, revision                   12.                  11. November 2010
                                    or renewal of                                             codification of
                                    permit.                                                   NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.342, excluding paragraph      Certain changes            10/31/05  77 FR 59321, 9/27/   Submitted on 1/24/
 (3)(e)..                           authorized without                   12.                  11. November 2010
                                    revision of                                               codification of
                                    permit;                                                   NAC chapter 445B
                                    notification of                                           published by the
                                    authorized changes.                                       Nevada Legislative
                                                                                              Counsel Bureau.
445B.3425........................  Minor revision of          09/24/04  77 FR 59321, 9/27/   Submitted on 1/24/
                                    permit.                              12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.344.........................  Significant                12/17/02  77 FR 59321, 9/27/   Submitted on 1/24/
                                    revision of permit.                  12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3441........................  Administrative             09/18/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    revision of permit                   12.                  11. November 2010
                                    to incorporate                                            codification of
                                    conditions of                                             NAC chapter 445B
                                    certain permits to                                        published by the
                                    construct.                                                Nevada Legislative
                                                                                              Counsel Bureau.
445B.3443........................  Renewal of permit..        12/17/08  77 FR 59321, 9/27/   Submitted on 1/24/
                                                                         12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3447, excluding subsection    Class I general            12/17/02  77 FR 59321, 9/27/   Submitted on 5/21/
 (4).                               permit.                              12.                  12. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3453, excluding subsection    Application:               05/04/06  77 FR 59321, 9/27/   Submitted on 1/24/
 (3).                               General                              12.                  11. November 2010
                                    requirements.                                             codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3457........................  Action by Director         10/26/11  77 FR 59321, 9/27/   Submitted on 11/09/
                                    on application;                      12.                  11. June 2012
                                    notice; public                                            codification of
                                    comment and                                               NAC chapter 445B
                                    hearing;                                                  published by the
                                    expiration of                                             Nevada Legislative
                                    permit.                                                   Counsel Bureau.

[[Page 394]]

 
445B.346, excluding subsection     Required contents          10/30/95  77 FR 59321, 9/27/   Submitted on 1/24/
 (6).                               of permit.                           12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3465........................  Application for            10/31/05  77 FR 59321, 9/27/   Submitted on 1/24/
                                    revision.                            12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3473........................  Renewal of permit..        12/17/08  77 FR 59321, 9/27/   Submitted on 1/24/
                                                                         12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3477........................  Class II general           04/17/08  77 FR 59321, 9/27/   Submitted on 1/24/
                                    permit.                              12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3485........................  Application:               09/18/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    General                              12.                  11. November 2010
                                    requirements.                                             codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3487........................  Action by Director         09/18/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    on application;                      12.                  11. November 2010
                                    expiration of                                             codification of
                                    permit.                                                   NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3489........................  Required contents          09/18/06  77 FR 59321, 9/27/   Submitted on 1/24/
                                    of permit.                           12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3493........................  Application for            10/25/01  77 FR 59321, 9/27/   Submitted on 1/24/
                                    revision.                            12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
445B.3497........................  Renewal of permit..        12/17/08  77 FR 59321, 9/27/   Submitted on 1/24/
                                                                         12.                  11. November 2010
                                                                                              codification of
                                                                                              NAC chapter 445B
                                                                                              published by the
                                                                                              Nevada Legislative
                                                                                              Counsel Bureau.
----------------------------------------------------------------------------------------------------------------
                   Nevada Air Quality Regulations--Point Sources and Registration Certificates
----------------------------------------------------------------------------------------------------------------
Nevada Air Quality Regulations     General Provisions         12/15/77  47 FR 27070 (6/23/   Submitted on 7/24/
 (NAQR), Article 13 (``Point        for the Review of                    82).                 79. See 40 CFR
 Sources''), subsection 13.1,       New Sources.                                              52.1490(c)(16)(vii
 paragraph 13.1.1.                                                                            i).
NAQR, Article 13, subsection       [related to                 2/28/80  46 FR 21758 (4/14/   Submitted on 3/17/
 13.1, paragraph 13.1.3             registration                         81).                 80. See 40 CFR
 [excluding 13.1.3(1) and           certificates for                                          52.1490(c)(18)(i).
 13.1.3(3)].                        point sources                                             NAQR article
                                    subject to the                                            13.1.3(3) was
                                    requirement for an                                        deleted without
                                    environmental                                             replacement at 73
                                    evaluation;                                               FR 20536 (4/16/
                                    additional                                                08). See 40 CFR
                                    requirements for                                          52.1490(c)(18)(i)(
                                    such sources to be                                        A). NAQR article
                                    located in                                                13.1.3(1) was
                                    nonattainment                                             superseded by
                                    areas].                                                   approval of
                                                                                              amended NSR rules
                                                                                              at 77 FR 59321, 9/
                                                                                              27/12.
NAQR Article 13, subsection 13.2   [relates to                12/15/77  47 FR 27070 (6/23/   Submitted on 7/24/
 (excluding 13.2.3 and 13.2.4).     thresholds used to                   82).                 79. See 40 CFR
                                    identify sources                                          52.1490(c)(16)(vii
                                    subject to                                                i). Subsection
                                    environmental                                             13.2 includes
                                    evaluation                                                paragraphs 13.2.1-
                                    requirement].                                             13.2.2. Paragraphs
                                                                                              13.2.3-13.2.4 were
                                                                                              superseded by
                                                                                              approval of
                                                                                              amended NSR rules
                                                                                              at 77 FR 59321, 9/
                                                                                              27/12.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 58, Energy; Public Utilities and Similar Entities: Regulation of Public Utilities
                                                    Generally
----------------------------------------------------------------------------------------------------------------
704.820..........................  Short title........          1/1/79  47 FR 15790 (4/13/   NRS 704.820 to
                                                                         82).                 704.900,
                                                                                              inclusive, is
                                                                                              cited as the
                                                                                              Utility
                                                                                              Environmental
                                                                                              Protection Act.
                                                                                              Submitted on 10/13/
                                                                                              80. See 40 CFR
                                                                                              52.1490(c)(21)(i).

[[Page 395]]

 
704.825..........................  Declaration of               1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    legislative                          82).                 80. See 40 CFR
                                    findings and                                              52.1490(c)(21)(i).
                                    purpose.
704.830..........................  Definitions........          1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                                                         82).                 80. See 40 CFR
                                                                                              52.1490(c)(21)(i).
704.840..........................  ``Commence to                1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    construct''                          82).                 80. See 40 CFR
                                    defined.                                                  52.1490(c)(21)(i).
704.845..........................  ``Local                      1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    government''                         82).                 80. See 40 CFR
                                    defined.                                                  52.1490(c)(21)(i).
704.850..........................  ``Person'' defined.          1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                                                         82).                 80. See 40 CFR
                                                                                              52.1490(c)(21)(i).
704.855..........................  ``Public utility,''          1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    ``utility''                          82).                 80. See 40 CFR
                                    defined.                                                  52.1490(c)(21)(i).
704.860..........................  ``Utility                    1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    facility'' defined.                  82).                 80. See 40 CFR
                                                                                              52.1490(c)(21)(i).
704.865..........................  Construction                 1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    permit:                              82).                 80. See 40 CFR
                                    Requirement;                                              52.1490(c)(21)(i).
                                    transfer;
                                    exceptions to
                                    requirement.
704.870..........................  Construction permit          1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    application: Form,                   82).                 80. See 40 CFR
                                    contents; filing;                                         52.1490(c)(21)(i).
                                    service; public
                                    notice.
704.875..........................  Review of                    1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    application by                       82).                 80. See 40 CFR
                                    state                                                     52.1490(c)(21)(i).
                                    environmental
                                    commission.
704.880..........................  Hearing on                   1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    application for                      82).                 80. See 40 CFR
                                    permit.                                                   52.1490(c)(21)(i).
704.885..........................  Parties to permit            1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    proceeding;                          82).                 80. See 40 CFR
                                    appearances;                                              52.1490(c)(21)(i).
                                    intervention.
704.890..........................  Grant or denial of           1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    application;                         82).                 80. See 40 CFR
                                    required findings;                                        52.1490(c)(21)(i).
                                    service of copies
                                    of order.
704.892..........................  Grant, denial,               1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    conditioning of                      82).                 80. See 40 CFR
                                    permit for plant                                          52.1490(c)(21)(i).
                                    for generation of
                                    electrical energy
                                    for export.
704.895..........................  Rehearing; judicial          1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    review.                              82).                 80. See 40 CFR
                                                                                              52.1490(c)(21)(i).
704.900..........................  Cooperation with             1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    United States,                       82).                 80. See 40 CFR
                                    other states.                                             52.1490(c)(21)(i).
----------------------------------------------------------------------------------------------------------------
            General Order No. 3, Rules of Practice and Procedure before the Public Service Commission
----------------------------------------------------------------------------------------------------------------
Rule 25..........................  Construction                 1/1/79  47 FR 15790 (4/13/   Submitted on 10/13/
                                    Permits--Utility                     82).                 80. See 40 CFR
                                    Environmental                                             52.1490(c)(21)(ii)
                                    Protection Act.                                           .
----------------------------------------------------------------------------------------------------------------
       Nevada Administrative Code, Chapter 445B, Air Controls, Emissions from Engines--General Provisions
----------------------------------------------------------------------------------------------------------------
445B.400.........................  Scope..............          9/1/06  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.401.........................  Definitions........         8/21/02  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.403.........................  ``Approved                  8/19/94  73 FR 38124 (7/3/    Most recently
                                    inspector''                          08).                 approved version
                                    defined.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4045........................  ``Authorized                8/19/94  73 FR 38124 (7/3/    Most recently
                                    inspection                           08).                 approved version
                                    station'' defined.                                        was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.405.........................  ``Authorized                1/10/78  73 FR 38124 (7/3/    Most recently
                                    station'' defined.                   08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).

[[Page 396]]

 
445B.408.........................  ``Carbon monoxide''         1/10/78  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.409.........................  ``Certificate of            9/13/95  73 FR 38124 (7/3/    Most recently
                                    compliance''                         08).                 approved version
                                    defined.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4092........................  ``Certified on-             8/21/02  73 FR 38124 (7/3/    Most recently
                                    board diagnostic                     08).                 approved version
                                    system'' defined.                                         was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4096........................  ``Class 1 approved          9/13/95  73 FR 38124 (7/3/    Most recently
                                    inspector''                          08).                 approved version
                                    defined.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4097........................  ``Class 1 fleet             9/13/95  73 FR 38124 (7/3/    Most recently
                                    station'' defined.                   08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4098........................  ``Class 2 approved          9/13/95  73 FR 38124 (7/3/    Most recently
                                    inspector''                          08).                 approved version
                                    defined.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4099........................  ``Class 2 fleet             9/13/95  73 FR 38124 (7/3/    Most recently
                                    station'' defined.                   08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.410.........................  ``CO2'' defined....         9/28/88  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.411.........................  ``Commission''              1/10/78  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.413.........................  ``Department''               1/1/86  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.415.........................  ``Director''                8/19/94  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.416.........................  ``Emission''                1/10/78  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.418.........................  ``EPA'' defined....         9/28/88  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.419.........................  ``Established place         1/10/78  73 FR 38124 (7/3/    Most recently
                                    of business''                        08).                 approved version
                                    defined.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.420.........................  ``Evidence of               9/25/98  73 FR 38124 (7/3/    Most recently
                                    compliance''                         08).                 approved version
                                    defined.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.421.........................  ``Exhaust                   1/10/78  73 FR 38124 (7/3/    Most recently
                                    emissions''                          08).                 approved version
                                    defined.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.422.........................  ``Exhaust gas               1/10/78  73 FR 38124 (7/3/    Most recently
                                    analyzer'' defined.                  08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.424.........................  ``Fleet station''           8/19/94  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4247........................  ``Gross vehicle             8/19/94  73 FR 38124 (7/3/    Most recently
                                    weight rating''                      08).                 approved version
                                    defined.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.426.........................  ``Heavy-duty motor          9/25/98  73 FR 38124 (7/3/    Most recently
                                    vehicle'' defined.                   08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.427.........................  ``Hydrocarbon''             9/28/88  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.428.........................  ``Hz'' defined.....         9/28/88  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.432.........................  ``Light-duty motor          9/25/98  73 FR 38124 (7/3/    Most recently
                                    vehicle'' defined.                   08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).

[[Page 397]]

 
445B.433.........................  ``Mini motor home''         10/1/83  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.434.........................  ``Motor home''              10/1/83  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.435.........................  ``Motor vehicle''           1/10/78  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.440.........................  ``New motor                 1/10/78  73 FR 38124 (7/3/    Most recently
                                    vehicle'' defined.                   08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.442.........................  ``Opacity'' defined          1/1/88  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.443.........................  ``Person'' defined.          1/1/88  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.444.........................  ``ppm'' defined....         9/28/88  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.449.........................  ``Smoke'' defined..          1/1/88  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.450.........................  ``Special mobile            1/10/78  73 FR 38124 (7/3/    Most recently
                                    equipment''                          08).                 approved version
                                    defined.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.451.........................  ``Standard''                9/25/98  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4515........................  ``State electronic          9/25/98  73 FR 38124 (7/3/    Most recently
                                    data transmission                    08).                 approved version
                                    system'' defined.                                         was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.452.........................  ``Tampering''               1/10/78  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4525........................  ``Test station''            9/25/98  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.453.........................  ``Truck'' defined..         10/1/83  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.454.........................  ``Used motor                1/10/78  73 FR 38124 (7/3/    Most recently
                                    vehicle'' defined.                   08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.455.........................  ``Van conversion''          10/1/83  73 FR 38124 (7/3/    Most recently
                                    defined.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4553........................  ``Vehicle                   8/21/02  73 FR 38124 (7/3/    Most recently
                                    inspection                           08).                 approved version
                                    report'' defined.                                         was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.4556........................  ``Vehicle                   9/25/98  73 FR 38124 (7/3/    Most recently
                                    inspection report                    08).                 approved version
                                    number'' defined.                                         was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.456.........................  Severability.......         9/25/98  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
----------------------------------------------------------------------------------------------------------------
  Nevada Administrative Code, Chapter 445B, Air Controls, Emissions from Engines--Facilities for Inspection and
                                                   Maintenance
----------------------------------------------------------------------------------------------------------------
445B.460.........................  Test station:                9/1/06  73 FR 38124 (7/3/    Most recently
                                    License required                     08).                 approved version
                                    to operate;                                               was submitted on 5/
                                    expiration of                                             11/07. See 40 CFR
                                    license; ratings;                                         52.1490(c)(71)(i)(
                                    performance of                                            A)(2).
                                    certain services;
                                    prohibited acts;
                                    location.

[[Page 398]]

 
445B.461, except for paragraph     Compliance by               9/25/98  73 FR 38124 (7/3/    Most recently
 (3)(d).                            Federal                              08).                 approved version
                                    Government, state                                         was submitted on 5/
                                    agencies and                                              11/07. See 40 CFR
                                    political                                                 52.1490(c)(71)(i)(
                                    subdivisions.                                             A)(2). NAC section
                                                                                              445B.461(3)(d) was
                                                                                              deleted without
                                                                                              replacement at 74
                                                                                              FR 3975 (1/22/09).
                                                                                              See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(3).
445B.462.........................  Test station:               9/25/98  73 FR 38124 (7/3/    Most recently
                                    Application for                      08).                 approved version
                                    license to                                                was submitted on 5/
                                    operate;                                                  11/07. See 40 CFR
                                    inspection of                                             52.1490(c)(71)(i)(
                                    premises; issuance                                        A)(2).
                                    of license.
445B.463.........................  Test station:               8/21/02  73 FR 38124 (7/3/    Most recently
                                    Grounds for                          08).                 approved version
                                    denial, revocation                                        was submitted on 5/
                                    or suspension of                                          11/07. See 40 CFR
                                    license;                                                  52.1490(c)(71)(i)(
                                    reapplication;                                            A)(2).
                                    permanent
                                    revocation of
                                    license.
445B.464.........................  Test station:               9/25/98  73 FR 38124 (7/3/    Most recently
                                    Hearing concerning                   08).                 approved version
                                    denial, suspension                                        was submitted on 5/
                                    or revocation of                                          11/07. See 40 CFR
                                    license.                                                  52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.465.........................  Authorized station           9/1/06  73 FR 38124 (7/3/    Most recently
                                    or authorized                        08).                 approved version
                                    inspection                                                was submitted on 5/
                                    station:                                                  11/07. See 40 CFR
                                    Requirements for                                          52.1490(c)(71)(i)(
                                    bond or deposit.                                          A)(2).
445B.466.........................  Authorized station          9/25/98  73 FR 38124 (7/3/    Most recently
                                    or authorized                        08).                 approved version
                                    inspection                                                was submitted on 5/
                                    station: Liability                                        11/07. See 40 CFR
                                    under bond or                                             52.1490(c)(71)(i)(
                                    deposit;                                                  A)(2).
                                    suspension and
                                    reinstatement of
                                    licenses.
445B.467.........................  Authorized station          9/25/98  73 FR 38124 (7/3/    Most recently
                                    or authorized                        08).                 approved version
                                    inspection                                                was submitted on 5/
                                    station:                                                  11/07. See 40 CFR
                                    Disbursement,                                             52.1490(c)(71)(i)(
                                    release or refund                                         A)(2).
                                    of bond or deposit.
445B.468.........................  Authorized stations          9/1/06  73 FR 38124 (7/3/    Most recently
                                    and authorized                       08).                 approved version
                                    inspection                                                was submitted on 5/
                                    stations: Scope of                                        11/07. See 40 CFR
                                    coverage of bond                                          52.1490(c)(71)(i)(
                                    or deposit.                                               A)(2).
445B.469.........................  Authorized station           9/1/06  73 FR 38124 (7/3/    Most recently
                                    or authorized                        08).                 approved version
                                    inspection                                                was submitted on 5/
                                    station: Posting                                          11/07. See 40 CFR
                                    of signs and                                              52.1490(c)(71)(i)(
                                    placards.                                                 A)(2).
445B.470.........................  Test station:                9/1/06  73 FR 38124 (7/3/    Most recently
                                    Display of                           08).                 approved version
                                    licenses;                                                 was submitted on 5/
                                    availability of                                           11/07. See 40 CFR
                                    reference                                                 52.1490(c)(71)(i)(
                                    information.                                              A)(2).
445B.471.........................  Test station:                9/1/06  73 FR 38124 (7/3/    Most recently
                                    Advertising;                         08).                 approved version
                                    provision by                                              was submitted on 5/
                                    Department of                                             11/07. See 40 CFR
                                    certain                                                   52.1490(c)(71)(i)(
                                    informational                                             A)(2).
                                    material for
                                    public.
445B.472.........................  Test station:                9/1/06  73 FR 38124 (7/3/    Most recently
                                    Records of                           08).                 approved version
                                    inspections and                                           was submitted on 5/
                                    repairs;                                                  11/07. See 40 CFR
                                    inspection of                                             52.1490(c)(71)(i)(
                                    place of business;                                        A)(2).
                                    audit of exhaust
                                    gas analyzers.
445B.473.........................  Test station:                9/1/06  73 FR 38124 (7/3/    Most recently
                                    Notice of                            08).                 approved version
                                    wrongfully                                                was submitted on 5/
                                    distributed or                                            11/07. See 40 CFR
                                    received vehicle                                          52.1490(c)(71)(i)(
                                    inspection                                                A)(2).
                                    reports; inventory
                                    of vehicle
                                    inspection reports.

[[Page 399]]

 
445B.474.........................  Test station:               7/17/03  73 FR 38124 (7/3/    Most recently
                                    Failure to employ                    08).                 approved version
                                    approved inspector.                                       was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.475.........................  Authorized station          9/13/95  73 FR 38124 (7/3/    Most recently
                                    or class 2 fleet                     08).                 approved version
                                    station:                                                  was submitted on 5/
                                    Requirements for                                          11/07. See 40 CFR
                                    employees.                                                52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.476.........................  Test station:               9/25/98  73 FR 38124 (7/3/    Most recently
                                    Willful failure to                   08).                 approved version
                                    comply with                                               was submitted on 5/
                                    directive;                                                11/07. See 40 CFR
                                    suspension of                                             52.1490(c)(71)(i)(
                                    license;                                                  A)(2).
                                    reapplication
                                    after revocation
                                    of license.
445B.478.........................  Fleet station:              9/25/98  73 FR 38124 (7/3/    Most recently
                                    Licensing; powers                    08).                 approved version
                                    and duties.                                               was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.480.........................  Test station:                9/1/06  73 FR 38124 (7/3/    Most recently
                                    Requirements                         08).                 approved version
                                    concerning                                                was submitted on 5/
                                    business hours.                                           11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
----------------------------------------------------------------------------------------------------------------
           Nevada Administrative Code, Chapter 445B, Air Controls, Emissions from Engines--Inspectors
----------------------------------------------------------------------------------------------------------------
445B.485.........................  Prerequisites to            2/23/06  73 FR 38124 (7/3/    Most recently
                                    licensing.                           08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.486.........................  Examination of              2/23/06  73 FR 38124 (7/3/    Most recently
                                    applicants for                       08).                 approved version
                                    licensing.                                                was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.487.........................  Denial of license..         9/13/95  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.489.........................  Grounds for denial,         2/23/06  73 FR 38124 (7/3/    Most recently
                                    suspension or                        08).                 approved version
                                    revocation of                                             was submitted on 5/
                                    license.                                                  11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.490.........................  Hearing on                  2/23/06  73 FR 38124 (7/3/    Most recently
                                    suspension or                        08).                 approved version
                                    revocation of                                             was submitted on 5/
                                    license.                                                  11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.491.........................  Temporary                   1/10/78  73 FR 38124 (7/3/    Most recently
                                    suspension or                        08).                 approved version
                                    refusal to renew                                          was submitted on 5/
                                    license.                                                  11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.492.........................  Duration of                12/20/79  73 FR 38124 (7/3/    Most recently
                                    suspension;                          08).                 approved version
                                    surrender of                                              was submitted on 5/
                                    license.                                                  11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.493.........................  Limitation on               2/23/06  73 FR 38124 (7/3/    Most recently
                                    reapplication                        08).                 approved version
                                    after revocation                                          was submitted on 5/
                                    or denial or                                              11/07. See 40 CFR
                                    license; surrender                                        52.1490(c)(71)(i)(
                                    of revoked                                                A)(2).
                                    license; permanent
                                    revocation of
                                    license.
445B.495.........................  Contents of license         9/13/95  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.496.........................  Expiration of                1/1/88  73 FR 38124 (7/3/    Most recently
                                    license.                             08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.497.........................  Requirements for            2/23/06  73 FR 38124 (7/3/    Most recently
                                    renewal of license.                  08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.498.........................  Performance of              2/23/06  73 FR 38124 (7/3/    Most recently
                                    emission                             08).                 approved version
                                    inspection without                                        was submitted on 5/
                                    license                                                   11/07. See 40 CFR
                                    prohibited;                                               52.1490(c)(71)(i)(
                                    expiration of                                             A)(2).
                                    license; license
                                    ratings.
445B.4983........................  Issuance of access          2/23/06  73 FR 38124 (7/3/    Most recently
                                    code to approved                     08).                 approved version
                                    inspector; use of                                         was submitted on 5/
                                    access code and                                           11/07. See 40 CFR
                                    identification                                            52.1490(c)(71)(i)(
                                    number.                                                   A)(2).
445B.4985........................  Violations.........         7/17/03  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).

[[Page 400]]

 
445B.499.........................  Fees...............         7/17/03  73 FR 38124 (7/3/    Most recently
                                                                         08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.501.........................  Report of change in        12/20/79  73 FR 38124 (7/3/    Most recently
                                    place of                             08).                 approved version
                                    employment or                                             was submitted on 5/
                                    termination of                                            11/07. See 40 CFR
                                    employment.                                               52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.502.........................  Submission of               9/13/95  73 FR 38124 (7/3/    Most recently
                                    certificate of                       08).                 approved version
                                    employment to                                             was submitted on 5/
                                    report change.                                            11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
----------------------------------------------------------------------------------------------------------------
      Nevada Administrative Code, Chapter 445B, Air Controls, Emissions from Engines--Exhaust Gas Analyzers
----------------------------------------------------------------------------------------------------------------
445B.5049........................  Connection to state         9/25/98  73 FR 38124 (7/3/    Most recently
                                    electronic data                      08).                 approved version
                                    transmission                                              was submitted on 5/
                                    system.                                                   11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.505.........................  Availability of             7/17/03  73 FR 38124 (7/3/    Most recently
                                    list of approved                     08).                 approved version
                                    analyzers and                                             was submitted on 5/
                                    their                                                     11/07. See 40 CFR
                                    specifications.                                           52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.5052........................  Approved analyzer:           6/1/06  73 FR 38124 (7/3/    Most recently
                                    Use and equipment;                   08).                 approved version
                                    deactivation by                                           was submitted on 5/
                                    Department.                                               11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.5055........................  Revocation of               9/13/95  73 FR 38124 (7/3/    Most recently
                                    approval of                          08).                 approved version
                                    analyzer.                                                 was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.5065........................  Manufacturer of             7/17/03  73 FR 38124 (7/3/    Most recently
                                    approved analyzer:                   08).                 approved version
                                    Required warranty.                                        was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.5075........................  Manufacturer of             7/17/03  73 FR 38124 (7/3/    Most recently
                                    approved analyzer:                   08).                 approved version
                                    Required services;                                        was submitted on 5/
                                    administrative                                            11/07. See 40 CFR
                                    fine for                                                  52.1490(c)(71)(i)(
                                    violations.                                               A)(2).
----------------------------------------------------------------------------------------------------------------
 Nevada Administrative Code, Chapter 445B, Air Controls, Emissions from Engines--Control of Emissions: Generally
----------------------------------------------------------------------------------------------------------------
445B.575.........................  Device to control            3/1/02  73 FR 38124 (7/3/    Most recently
                                    pollution: General                   08).                 approved version
                                    requirement;                                              was submitted on 5/
                                    alteration or                                             11/07. See 40 CFR
                                    modification.                                             52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.576.........................  Vehicles powered by        10/22/92  73 FR 38124 (7/3/    Most recently
                                    gasoline or diesel                   08).                 approved version
                                    fuel: Restrictions                                        was submitted on 5/
                                    on visible                                                11/07. See 40 CFR
                                    emissions and on                                          52.1490(c)(71)(i)(
                                    idling of diesel                                          A)(2).
                                    engines.
445B.577.........................  Devices used on              1/1/88  73 FR 38124 (7/3/    Most recently
                                    stationary rails:                    08).                 approved version
                                    Restrictions on                                           was submitted on 5/
                                    visible emissions.                                        11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.578.........................  Exceptions to              10/22/92  73 FR 38124 (7/3/    Most recently
                                    restrictions on                      08).                 approved version
                                    visible emissions.                                        was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.579.........................  Inspection of                9/1/06  73 FR 38124 (7/3/    Most recently
                                    vehicle: Devices                     08).                 approved version
                                    for emission                                              was submitted on 5/
                                    control required.                                         11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.580.........................  Inspection of                9/1/06  73 FR 38124 (7/3/    Most recently
                                    vehicle: Procedure                   08).                 approved version
                                    for certain                                               was submitted on 5/
                                    vehicles with                                             11/07. See 40 CFR
                                    model year of 1995                                        52.1490(c)(71)(i)(
                                    or older and heavy-                                       A)(2).
                                    duty vehicles with
                                    model year of 1996
                                    or newer.
445B.5805........................  Inspection of               8/21/02  73 FR 38124 (7/3/    Most recently
                                    vehicle: Procedure                   08).                 approved version
                                    for light-duty                                            was submitted on 5/
                                    vehicles with                                             11/07. See 40 CFR
                                    model year of 1996                                        52.1490(c)(71)(i)(
                                    or newer.                                                 A)(2).

[[Page 401]]

 
445B.581.........................  Inspection of                9/1/06  73 FR 38124 (7/3/    Most recently
                                    vehicle: Place and                   08).                 approved version
                                    equipment for                                             was submitted on 5/
                                    performance.                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.5815........................  Inspection of                3/1/02  73 FR 38124 (7/3/    Most recently
                                    vehicle: Certified                   08).                 approved version
                                    on-board                                                  was submitted on 5/
                                    diagnostic systems.                                       11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.582.........................  Repair of vehicle;          9/13/95  73 FR 38124 (7/3/    Most recently
                                    reinspection or                      08).                 approved version
                                    testing.                                                  was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.583.........................  Evidence of                 9/25/98  73 FR 38124 (7/3/    Most recently
                                    compliance:                          08).                 approved version
                                    Purpose; records.                                         was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.584.........................  Evidence of                 7/17/03  73 FR 38124 (7/3/    Most recently
                                    compliance:                          08).                 approved version
                                    Purchase of                                               was submitted on 5/
                                    vehicle inspection                                        11/07. See 40 CFR
                                    report numbers.                                           52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.585.........................  Evidence of                 9/25/98  73 FR 38124 (7/3/    Most recently
                                    compliance:                          08).                 approved version
                                    Issuance by                                               was submitted on 5/
                                    approved inspector.                                       11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.586.........................  Evidence of                 9/25/98  73 FR 38124 (7/3/    Most recently
                                    compliance: Return                   08).                 approved version
                                    of fee.                                                   was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.587.........................  Test of light-duty          9/25/98  73 FR 38124 (7/3/    Most recently
                                    motor vehicles                       08).                 approved version
                                    powered by diesel                                         was submitted on 5/
                                    engines: Equipment                                        11/07. See 40 CFR
                                    for measurement of                                        52.1490(c)(71)(i)(
                                    smoke opacity.                                            A)(2).
445B.588.........................  Testing of light-           7/17/03  73 FR 38124 (7/3/    Most recently
                                    duty motor                           08).                 approved version
                                    vehicles powered                                          was submitted on 5/
                                    by diesel engines:                                        11/07. See 40 CFR
                                    List of approved                                          52.1490(c)(71)(i)(
                                    equipment.                                                A)(2).
445B.589.........................  Testing of light-            9/1/06  73 FR 38124 (7/3/    Most recently
                                    duty motor                           08).                 approved version
                                    vehicles powered                                          was submitted on 5/
                                    by diesel engines:                                        11/07. See 40 CFR
                                    Procedure;                                                52.1490(c)(71)(i)(
                                    certificate of                                            A)(2).
                                    compliance; effect
                                    of failure; lack
                                    of proper fuel cap.
445B.5895........................  Dissemination of             9/1/06  73 FR 38124 (7/3/    Most recently
                                    list of authorized                   08).                 approved version
                                    stations.                                                 was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.590.........................  Waiver of standards         5/14/98  73 FR 38124 (7/3/    Most recently
                                    for emissions.                       08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.591.........................  Form for                     1/1/88  73 FR 38124 (7/3/    Most recently
                                    registration of                      08).                 approved version
                                    vehicle in area                                           was submitted on 5/
                                    where inspection                                          11/07. See 40 CFR
                                    of vehicle not                                            52.1490(c)(71)(i)(
                                    required.                                                 A)(2).
445B.5915........................  Requirements for             9/1/06  73 FR 38124 (7/3/    Most recently
                                    registration of                      08).                 approved version
                                    vehicle                                                   was submitted on 5/
                                    temporarily being                                         11/07. See 40 CFR
                                    used and                                                  52.1490(c)(71)(i)(
                                    maintained in                                             A)(2).
                                    another state.
445B.592.........................  Applicability of           10/31/05  73 FR 38124 (7/3/    Most recently
                                    certain standards                    08).                 approved version
                                    for emissions and                                         was submitted on 5/
                                    other requirements.                                       11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.593.........................  Evidence of                10/31/05  73 FR 38124 (7/3/    Most recently
                                    compliance                           08).                 approved version
                                    required for                                              was submitted on 5/
                                    certain vehicles                                          11/07. See 40 CFR
                                    based in Clark                                            52.1490(c)(71)(i)(
                                    County.                                                   A)(2).
445B.594.........................  Evidence of                10/31/05  73 FR 38124 (7/3/    Most recently
                                    compliance                           08).                 approved version
                                    required for                                              was submitted on 5/
                                    certain vehicles                                          11/07. See 40 CFR
                                    based in Washoe                                           52.1490(c)(71)(i)(
                                    County.                                                   A)(2).

[[Page 402]]

 
445B.595(1)......................  Inspections of              9/13/95  73 FR 38124 (7/3/    Most recently
                                    vehicles owned by                    08).                 approved version
                                    State or political                                        was submitted on 5/
                                    subdivisions or                                           11/07. See 40 CFR
                                    operated on                                               52.1490(c)(71)(i)(
                                    federal                                                   A)(2). Subsection
                                    installations.                                            2 was not included
                                                                                              in the 7/3/08
                                                                                              approval of NAC
                                                                                              445B.595. Certain
                                                                                              paragraphs of
                                                                                              subsection (2)
                                                                                              were approved at
                                                                                              74 FR 3975 (1/22/
                                                                                              09).
445B.595(2) (a), (b), and (c)....  Inspections of              9/13/95  74 FR 3975 (1/22/    Most recently
                                    vehicles owned by                    09).                 approved version
                                    State or political                                        was submitted on 5/
                                    subdivisions or                                           11/07. See 40 CFR
                                    operated on                                               52.1490(c)(71)(i)(
                                    federal                                                   A)(4).
                                    installations.
445B.596.........................  Standards for               8/21/02  73 FR 38124 (7/3/    Most recently
                                    emissions.                           08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.598.........................  Imposition and              9/13/95  73 FR 38124 (7/3/    Most recently
                                    statement of fee                     08).                 approved version
                                    for inspection and                                        was submitted on 5/
                                    testing; listing                                          11/07. See 40 CFR
                                    of stations and                                           52.1490(c)(71)(i)(
                                    fees.                                                     A)(2).
445B.599.........................  Prescription and            9/25/98  73 FR 38124 (7/3/    Most recently
                                    notice of maximum                    08).                 approved version
                                    fees for                                                  was submitted on 5/
                                    inspections and                                           11/07. See 40 CFR
                                    testing.                                                  52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.600.........................  Procedure for               9/13/95  73 FR 38124 (7/3/    Most recently
                                    setting new fee.                     08).                 approved version
                                                                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.601.........................  Concealment of              1/10/78  73 FR 38124 (7/3/    Most recently
                                    emissions                            08).                 approved version
                                    prohibited.                                               was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
----------------------------------------------------------------------------------------------------------------
        Nevada Administrative Code, Chapter 445B, Air Controls, Emissions from Engines--Restored Vehicles
----------------------------------------------------------------------------------------------------------------
445B.6115........................  Exemption of                7/27/00  73 FR 38124 (7/3/    Most recently
                                    vehicle from                         08).                 approved version
                                    certain provisions.                                       was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.6125........................  Certification of             3/5/98  73 FR 38124 (7/3/    Most recently
                                    vehicle for                          08).                 approved version
                                    exemption.                                                was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
----------------------------------------------------------------------------------------------------------------
 Nevada Administrative Code, Chapter 445B, Air Controls, Emissions from Engines--Inspection of Test Stations and
                                               Approved Inspectors
----------------------------------------------------------------------------------------------------------------
445B.7015........................  Annual and                   2/3/05  73 FR 38124 (7/3/    Most recently
                                    additional                           08).                 approved version
                                    inspections.                                              was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.7025........................  Alteration of                2/3/05  73 FR 38124 (7/3/    Most recently
                                    emission control                     08).                 approved version
                                    system of vehicle                                         was submitted on 5/
                                    used to conduct                                           11/07. See 40 CFR
                                    inspection.                                               52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.7035........................  Preliminary written          2/3/05  73 FR 38124 (7/3/    Most recently
                                    notice of                            08).                 approved version
                                    violation;                                                was submitted on 5/
                                    reinspection of                                           11/07. See 40 CFR
                                    vehicle.                                                  52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.7045........................  Administrative               2/3/05  73 FR 38124 (7/3/    Most recently
                                    fines and other                      08).                 approved version
                                    penalties for                                             was submitted on 5/
                                    certain violations.                                       11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
----------------------------------------------------------------------------------------------------------------
    Nevada Administrative Code, Chapter 445B, Air Controls, Emissions from Engines--Miscellaneous Provisions
----------------------------------------------------------------------------------------------------------------
445B.727.........................  Administrative               2/3/05  73 FR 38124 (7/3/    Most recently
                                    fines and other                      08).                 approved version
                                    penalties.                                                was submitted on 5/
                                                                                              11/07. See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(2).
445B.735.........................  Program for                 9/25/98  73 FR 38124 (7/3/    Most recently
                                    licensure to                         08).                 approved version
                                    install, repair                                           was submitted on 5/
                                    and adjust devices                                        11/07. See 40 CFR
                                    for control of                                            52.1490(c)(71)(i)(
                                    emissions.                                                A)(2).
----------------------------------------------------------------------------------------------------------------

[[Page 403]]

 
                Nevada Administrative Code, Chapter 590, Petroleum Products and Antifreeze, Fuels
----------------------------------------------------------------------------------------------------------------
590.065 (excluding subsection      Adopted Regulation          1/28/10  75 FR 59090 (9/27/   See 40 CFR
 (7)).                              of the State Board                   10).                 52.1490(c)(74)(i)(
                                    of Agriculture LCB                                        B). As adopted by
                                    File No. R111-08.                                         the Nevada Board
                                    A regulation                                              of Agriculture.
                                    relating to fuel;                                         Submitted on 3/26/
                                    adopting by                                               10 for inclusion
                                    reference a                                               into Appendix C of
                                    certain standard                                          the 2008 Las Vegas
                                    for gasoline                                              Valley CO
                                    published by ASTM                                         Maintenance Plan.
                                    International;
                                    providing
                                    exceptions; and
                                    providing other
                                    matters properly
                                    relating thereto.
----------------------------------------------------------------------------------------------------------------
\1\ Submitted.


                                 Table 2--EPA-Approved Lander County Regulations
----------------------------------------------------------------------------------------------------------------
                                                            County
         County citation               Title/Subject      effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
Lander County Ordinance LC 8-78..  Dust Ordinance......       9/8/78  46 FR 21758 (4/14/    Was approved as part
                                                                       81).                  of the Lander
                                                                                             County Air Quality
                                                                                             Improvement Plan
                                                                                             which was submitted
                                                                                             on 12/29/78.
----------------------------------------------------------------------------------------------------------------


                                 Table 3--EPA-Approved Clark County Regulations
----------------------------------------------------------------------------------------------------------------
                                                            County
         County citation               Title/subject      effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
Section 0........................  Definitions.........      5/18/10  77 FR 64039, 10/18/   Submitted on 5/22/
                                                                       12.                   12.
Section 1 (``Definitions''):       Affected Facility...     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.1.                                                       81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Air Pollution            12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.6.                    Control Committee.                 81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Area Source.........     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.11.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Atmosphere..........     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.12.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Board...............     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.16.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Commercial Off-Road      12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.23.                   Vehicle Racing.                    81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Dust................     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.26.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Existing Facility...     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.28.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Existing Gasoline        12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.29.                   Station.                           81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Fixed Capital Cost..     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.30.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).

[[Page 404]]

 
Section 1 (``Definitions''):       Fumes...............     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.36.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Health District.....     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.40.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Hearing Board.......     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.41.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Integrated Sampling.     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.44.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Mist................     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.51.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       New Gasoline Station       9/3/81  47 FR 26620 (6/21/    Submitted on 11/17/
 Subsection 1.57.                                                      82).                  81. See 40 CFR 52/
                                                                                             1490(c)(24)(iii).
Section 1 (``Definitions''):       New Source..........     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.58.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       NIC.................     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.60.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Point Source........     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.70.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Single Source.......     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.81.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Smoke...............     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.83.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Source of Air            12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.84.                   Contaminant.                       81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Standard Commercial      12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.87.                   Equipment.                         81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Standard Conditions.     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.88.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Stop Order..........     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.91.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Uncombined Water....     12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.95.                                                      81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 1 (``Definitions''):       Vapor Disposal           12/28/78  46 FR 21758 (4/14/    Submitted on 9/18/
 Subsection 1.97.                   System.                            81).                  79. See 40 CFR 52/
                                                                                             1490(c)(17)(i).
Section 2: Subsections 2.1, 2.2,   Air Pollution            12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
 and 2.3.                           Control Board.                     81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 4: Subsections 4.1-4.11    Control Officer.....     12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
 (excluding subsection 4.7.3).                                         81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ). Subsection
                                                                                             4.7.3, submitted on
                                                                                             7/24/79, was
                                                                                             superseded by
                                                                                             approval of amended
                                                                                             provision at 47 FR
                                                                                             26386 (6/18/82).
Section 4 (Control Officer):       [related to                9/3/81  47 FR 26386 (6/18/    Submitted on 11/17/
 Subsection 4.7.3.                  authority of                       82).                  81. See 40 CFR
                                    control officer].                                        52.1490(c)(24)(iv).
Section 4 (Control Officer):       [related to public        4/24/80  46 FR 43141 (8/27/    Submitted on 11/5/
 Subsections 4.12, 4.12.1-4.12.3.   notification].                     81).                  80. See 40 CFR
                                                                                             52.1490(c)(22)(i).
Section 5: Subsection 5.1........  Interference with        12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                    Control Officer.                   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).

[[Page 405]]

 
Section 6: Subsection 6.1........  Injunctive Relief...     12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                                                       81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 8: Subsections 8.1, 8.2..  Persons Liable for       12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                    Penalties--Punishme                81).                  79. See 40 CFR
                                    nt; Defense.                                             52.1490(c)(16)(viii
                                                                                             ).
Section 10.......................  Compliance Schedules     12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                                                       81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 11.......................  Ambient Air Quality      10/21/03  69 FR 54006 (9/7/04)  Adopted on 10/7/03
                                    Standards.                                               and submitted on 10/
                                                                                             23/03. See 40 CFR
                                                                                             52.1490(c)(53)(i)(A
                                                                                             )(1).
Section 12.0.....................  Applicability,            11/3/09  77 FR 64039, 10/18/   Submitted on 2/11/
                                    General                            12.                   10.
                                    Requirements and
                                    Transition
                                    Procedures.
Section 12.1.....................  Permit Requirements       11/3/09  77 FR 64039, 10/18/   Submitted on 2/11/
                                    for Minor Sources.                 12.                   10.
Section 12.2.....................  Permit Requirements        3/6/12  77 FR 64039, 10/18/   5/22/12.
                                    for Major Sources                  12.
                                    in Attainment Areas
                                    (Prevention of
                                    Significant
                                    Deterioration).
Section 12.3.....................  Permit Requirements       5/18/10  77 FR 64039, 10/18/   Submitted on 9/01/
                                    for Major Sources                  12.                   10.
                                    in Nonattainment
                                    Areas.
Section 12.4.....................  Authority to              5/18/10  77 FR 64039, 10/18/   Submitted on 9/01/
                                    Construct                          12.                   10.
                                    Application and
                                    Permit Requirements
                                    For Part 70 Sources.
Section 18: Subsections 18.1-      Registration/Permit        9/3/81  47 FR 26386 (6/18/    Submitted on 11/17/
 18.5.2.                            Fees.                              82).                  81. See 40 CFR
                                                                                             52.1490(c)(24)(iv).
Section 23: Subsections 23.1-23.5  Continuous               12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
 (excluding subsections 23.2.1-     Monitoring by                      81).                  79. See 40 CFR
 23.3.1.2, 23.3.4-23.3.5).          Fossil Fuel-Fired                                        52.1490(c)(16)(viii
                                    Steam Generators.                                        ). Subsections
                                                                                             23.2.1-23.3.1.2,
                                                                                             23.3.4-23.3.5,
                                                                                             submitted on 7/24/
                                                                                             79, were superseded
                                                                                             by revised
                                                                                             subsections
                                                                                             submitted on 11/17/
                                                                                             81 and approved at
                                                                                             47 FR 26386 (6/18/
                                                                                             82).
Section 23 (Continuous Monitoring  [related to                9/3/81  47 FR 26386 (6/18/    Submitted on 11/17/
 by Fossil Fuel-Fired Steam         specifications for                 82).                  81. See 40 CFR
 Generators): Subsections 23.2.1-   continuous                                               52.1490(c)(24)(iv).
 23.3.1.2, 23.3.4-23.3.5).          monitoring].
Section 24: Subsections 24.1-24.5  Sampling and             12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                    Testing--Records                   81).                  79. See 40 CFR
                                    and Reports.                                             52.1490(c)(16)(viii
                                                                                             ).
Section 25: Subsection 25.2......  Upset, Breakdown or      12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                    Scheduled                          81).                  79. See 40 CFR
                                    Maintenance.                                             52.1490(c)(16)(viii
                                                                                             ). Subsection 25.1,
                                                                                             submitted on 7/24/
                                                                                             79, was never
                                                                                             approved into the
                                                                                             SIP; see 40 CFR
                                                                                             52.1483 and 69 FR
                                                                                             54006, at 54017,
                                                                                             54018 (9/7/04).
Section 26: Subsections 26.1-26.3  Emission of Visible      12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                    Air Contaminants.                  81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 27.......................  Particulate Matter         9/3/81  47 FR 26386 (6/18/    Submitted on 11/17/
                                    from Process Weight                82).                  81. See 40 CFR
                                    Rate.                                                    52.1490(c)(24)(iv).
Section 28: Subsections 28.1 and   Fuel Burning             12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
 28.2.                              Equipment.                         81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 29.......................  Sulfur Contents of       12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                    Fuel Oil.                          81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 30: Subsections 30.1-30.7  Incinerators........     12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
 (excluding subsection 30.4).                                          81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ). Subsection 30.4
                                                                                             was superseded by
                                                                                             amended version
                                                                                             submitted on 11/17/
                                                                                             81 and approved at
                                                                                             47 FR 26386 (6/18/
                                                                                             82).

[[Page 406]]

 
Section 30 (Incinerators):         [exemptions for            9/3/81  47 FR 26386 (6/18/    Submitted on 11/17/
 Subsection 30.4.                   certain types of                   82).                  81. See 40 CFR
                                    incinerators].                                           52.1490(c)(24)(iv).
Section 30 (Incinerators):         [related to maximum        9/3/81  47 FR 26386 (6/18/    Submitted on 11/17/
 Subsection 30.8.                   allowable emission                 82).                  81. See 40 CFR
                                    rates].                                                  52.1490(c)(24)(iv).
Section 31.......................  Reduction of             12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                    Emission of Sulfur                 81).                  79. See 40 CFR
                                    from Primary Non-                                        52.1490(c)(16)(viii
                                    Ferrous Smelters.                                        ).
Section 32: Subsections 32.1,      Reduction of Animal      12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
 32.2.                              Matter.                            81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 33.......................  Chlorine in Chemical      5/18/84  51 FR 29923 (8/21/    Submitted on 1/11/
                                    Processes.                         86).                  85. See 40 CFR
                                                                                             52.1490(c)(i)(A).
                                                                                             See also
                                                                                             clarification at 69
                                                                                             FR 54006 (9/7/04)
Section 41: Subsections 41.1-41.4  Fugitive Dust.......     12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                                                       81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 42: Subsections 42.1,      Open Burning........     12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
 42.3 and 42.4.                                                        81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ). Subsection 42.2
                                                                                             deleted without
                                                                                             replacement--see 40
                                                                                             CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             )(C).
Section 50.......................  Storage of Petroleum     12/28/78  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Products.                          81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ii).
Section 51.......................  Petroleum Product        12/28/78  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Loading into Tank                  81).                  79. See 40 CFR
                                    Trucks and Trailers.                                     52.1490(c)(16)(ii).
Section 52: Subsections 52.1-52.9  Handling of Gasoline     12/28/78  46 FR 21758 (4/14/    Submitted on 7/24/
 (excluding subsections 52.4.2.3    at Service                         81).                  79. See 40 CFR
 and 52.7.2).                       Stations, Airports                                       52.1490(c)(16)(ii).
                                    and Storage Tanks.                                       Subsections
                                                                                             52.4.2.3 and 52.7.2
                                                                                             were superseded by
                                                                                             amended provisions
                                                                                             submitted on 11/17/
                                                                                             81 and approved at
                                                                                             47 FR 26386 (6/18/
                                                                                             82).
Section 52 (Handling of Gasoline   [related to vapor          9/3/81  47 FR 26386 (6/18/    Submitted on 11/17/
 at Service Stations, Airports      recovery and sales                 82).                  81. See 40 CFR
 and Storage Tanks): Subsections    information].                                            52.1490(c)(24)(iv).
 52.4.2.3 and 52.7.2.
Section 53.......................  Oxygenated                 6/3/03  69 FR 56351 (9/21/    Submitted on 11/10/
                                    Wintertime Gasoline.               04).                  03. See 40 CFR
                                                                                             52.1490(c)(52)(i)(A
                                                                                             )(1). Superseded
                                                                                             earlier version
                                                                                             adopted on 9/25/97,
                                                                                             submitted on 8/7/
                                                                                             98, and approved at
                                                                                             64 FR 29573 (6/2/
                                                                                             99).
Ordinance No. 3809...............  An Ordinance to           9/29/09  75 FR 59090 (9/27/    See 40 CFR
                                    Suspend the                        10).                  52.1490(c)(74)(i)(A
                                    Applicability and                                        ). Section 54 was
                                    Enforceability of                                        suspended by the
                                    All Provisions of                                        Clark County Board
                                    Clark County Air                                         of County
                                    Quality Regulation                                       Commissioners
                                    Section 54, the                                          through adoption of
                                    Cleaner Burning                                          Ordinance No. 3809
                                    Gasoline Wintertime                                      on September 15,
                                    Program; and                                             2009. Submitted on
                                    Provide for Other                                        3/26/10 for
                                    Matters Properly                                         inclusion into
                                    Relating Thereto.                                        Appendix C of the
                                                                                             2008 Las Vegas
                                                                                             Valley CO
                                                                                             Maintenance Plan.
Section 60 (excluding subsections  Evaporation and           6/28/79  46 FR 21758 (4/14/    Submitted on 9/18/
 60.4.2 and 60.4.3).                Leakage.                           81).                  79. See 40 CFR
                                                                                             52.1490(c)(17)(i).
                                                                                             Subsections 60.4.2
                                                                                             and 60.4.3 were
                                                                                             superseded by
                                                                                             approval of amended
                                                                                             provisions at 49 FR
                                                                                             10259 (3/20/84) and
                                                                                             47 FR 26386 (6/18/
                                                                                             82).
Section 60: Subsection 60.4.2....  [General prohibition       9/3/81  49 FR 10259 (3/20/    Submitted on 11/17/
                                    on use of cutback                  84).                  81. See 40 CFR
                                    asphalt].                                                52.1490(c)(24)(vi).
Section 60: Subsection 60.4.3....  [Exceptions to             9/3/81  47 FR 26386 (6/18/    Submitted on 11/17/
                                    subsection 60.4.2].                82).                  81. See 40 CFR
                                                                                             52.1490(c)(24)(iv).

[[Page 407]]

 
Section 70: subsections 70.1-70.6  Emergency Procedures     12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                                                       81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 80.......................  Circumvention.......     12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                                                       81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(viii
                                                                                             ).
Section 81.......................  Provisions of            12/28/78  46 FR 43141 (8/27/    Submitted on 7/24/
                                    Regulations                        81).                  79. See 40 CFR
                                    Severable.                                               52.1490(c)(16)(viii
                                                                                             ).
Section 90.......................  Fugitive Dust from       12/17/02  71 FR 63250 (10/30/   Originally adopted
                                    Open Areas and                     06).                  on 6/22/00, and
                                    Vacant Lots.                                             amended on 12/17/
                                                                                             02. Submitted on 1/
                                                                                             23/03. See 40 CFR
                                                                                             52.1490(c)(60)(i)(A
                                                                                             )(1). Supersedes
                                                                                             earlier version of
                                                                                             rule approved at 69
                                                                                             FR 32273 (6/9/04).
Section 91.......................  Fugitive Dust from       11/20/01  69 FR 32273 (6/9/04)  Originally adopted
                                    Unpaved Roads,                                           on 6/22/00 and
                                    Unpaved Alleys and                                       amended on 11/20/
                                    Unpaved Easement                                         01. Submitted on 10/
                                    Roads.                                                   24/02. See 40 CFR
                                                                                             52.1490(c)(43)(i)(A
                                                                                             )(1).
Section 92.......................  Fugitive Dust from       12/17/02  71 FR 63250 (10/30/   Originally adopted
                                    Unpaved Parking                    06).                  on 6/22/00, and
                                    Lots, Material                                           amended on 12/17/
                                    Handling & Storage                                       02. Submitted on 1/
                                    Yards, & Vehicle &                                       23/03. See 40 CFR
                                    Equipment Storage                                        52.1490(c)(60)(i)(A
                                    Yards.                                                   )(1). Supersedes
                                                                                             earlier version of
                                                                                             rule approved at 69
                                                                                             FR 32273 (6/9/04).
Section 93.......................  Fugitive Dust from         3/4/03  71 FR 63250 (10/30/   Originally adopted
                                    Paved Roads &          (amended)   06).                  on 6/22/00,
                                    Street Sweeping                                          amendments adopted
                                    Equipment.                                               on 3/4/03 made
                                                                                             effective 3/18/03.
                                                                                             Submitted on 3/26/
                                                                                             03. See 40 CFR
                                                                                             52.1490(c)(61)(i)(A
                                                                                             )(1). Supersedes
                                                                                             earlier version of
                                                                                             rule approved at 69
                                                                                             FR 32273 (6/9/04).
Section 94.......................  Permitting & Dust         3/18/03  71 FR 63250 (10/30/   Originally adopted
                                    Control for            (amended)   06).                  on 6/22/00,
                                    Construction                                             amendments adopted
                                    Activities.                                              on 3/18/03 made
                                                                                             effective 4/1/03.
                                                                                             Submitted on 3/26/
                                                                                             03. See 40 CFR
                                                                                             52.1490(c)(61)(i)(A
                                                                                             )(1). Supersedes
                                                                                             earlier version of
                                                                                             rule approved at 69
                                                                                             FR 32273 (6/9/04).
Section 94 Handbook..............  Construction               4/1/03  71 FR 63250 (10/30/   Originally adopted
                                    Activities Dust                    06).                  on 6/22/00, and
                                    Control Handbook.                                        amended on 3/18/03.
                                                                                             Submitted on 3/26/
                                                                                             03. See 40 CFR
                                                                                             52.1490(c)(61)(i)(A
                                                                                             )(1). Supersedes
                                                                                             earlier version of
                                                                                             rule approved at 69
                                                                                             FR 32273 (6/9/04).
Clark County Building Code,        Residential Wood          12/4/90  68 FR 52838 (9/8/03)  Adopted on 11/20/90,
 Section 3708.                      Combustion                                               and submitted on 11/
                                    Ordinance                                                19/02. See 40 CFR
                                    (Fireplace), No.                                         52.1490(c)(41)(i)(A
                                    1249.                                                    )(1).
----------------------------------------------------------------------------------------------------------------


                               Table 4--EPA-Approved City of Las Vegas Regulations
----------------------------------------------------------------------------------------------------------------
                                                             City
          City citation                Title/subject       effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
City of Las Vegas Building Code,   Residential Wood         11/21/90   68 FR 52838 (9/8/03)  Adopted on 11/21/
 Section 3708.                      Combustion                                                90, and submitted
                                    Ordinance                                                 on 11/19/02. See
                                    (Fireplace), No.                                          40 CFR
                                    3538.                                                     52.1490(c)(41)(i)(
                                                                                              A)(2).
----------------------------------------------------------------------------------------------------------------


[[Page 408]]


                               Table 5--EPA-Approved City of Las Vegas Regulations
----------------------------------------------------------------------------------------------------------------
                                                             City
          City citation                Title/subject       effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
City of North Las Vegas Building   Residential Wood          9/18/91   68 FR 52838 (9/8/03)  Adopted on 9/18/91,
 Code, Section 13.16.150.           Combustion                                                and submitted on
                                    Ordinance                                                 11/19/02. See 40
                                    (Fireplace), No.                                          CFR
                                    1020.                                                     52.1490(c)(41)(i)(
                                                                                              A)(3).
----------------------------------------------------------------------------------------------------------------


                               Table 6--EPA-Approved City of Henderson Regulations
----------------------------------------------------------------------------------------------------------------
                                                             City
          City citation                Title/subject       effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
City of Henderson Building Code,   Residential Wood         10/15/96   68 FR 52838 (9/8/03)  Adopted on 10/15/
 Section 15.40.010.                 Combustion                                                96, and submitted
                                    Ordinance                                                 on 11/19/02. See
                                    (Fireplace), No.                                          40 CFR
                                    1697.                                                     52.1490(c)(41)(i)(
                                                                                              A)(4).
----------------------------------------------------------------------------------------------------------------


                                 Table 7--EPA-Approved Washoe County Regulations
----------------------------------------------------------------------------------------------------------------
                                                           District
        District citation              Title/subject      effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
                                               GENERAL DEFINITIONS
----------------------------------------------------------------------------------------------------------------
010.000..........................  Definitions.........       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.005..........................  Air Contaminant.....       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.010..........................  Air Pollution.......       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.011..........................  Allowable emissions.      5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.014..........................  Asphalt.............      5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81)..                 79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.015..........................  Atmosphere..........       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.020..........................  Board of Health.....       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.025..........................  BTU--British Thermal       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Unit.                              73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.028..........................  Cold Cleaner........      1/24/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.030..........................  Combustion                 2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Contaminants.                      73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.035..........................  Combustible Refuse..       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73)..                 72. See 40 CFR
                                                                                             52.1490(c)(2).
010.040..........................  Commercial Fuel Oil.       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.045..........................  Condensed Fumes.....       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.050..........................  Control Equipment...       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.055..........................  Control Officer.....       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.057..........................  Conveyorized              1/24/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Degreaser.             (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.059..........................  Cut-back Asphalt....      5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.060..........................  District Health            2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Officer.                           73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.065..........................  Dusts...............       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.070..........................  Emission............       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.071..........................  Freeboard height....      1/24/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.072..........................  Freeboard ratio.....      1/24/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.075..........................  Fuel................       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.080..........................  Fuel Burning               2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Equipment.                         73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).

[[Page 409]]

 
010.085..........................  Garbage.............       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.090..........................  Gas.................       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.091..........................  Gasoline............      1/24/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.095..........................  Health District.....       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.100..........................  Hearing Board.......       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.105..........................  Incinerator.........       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.106..........................  Lowest Achievable         5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Emission Rate.         (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.107B.........................  Major Emitting            5/23/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                    Facility Or Major      (adopted)   81).                  79. See 40 CFR
                                    Stationary Source                                        52.1490(c)(16)(iii)
                                    (Nonattainment                                           .
                                    Areas).
010.108..........................  Major Modification..      5/23/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.110..........................  Mist................       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.116..........................  Non Attainment Area.      5/23/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.117..........................  Non Attainment            5/23/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                    Pollutant.             (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.120..........................  Nuisance............       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.125..........................  Odor................       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.130..........................  Opacity.............       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.135..........................  Open Fire...........       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.136..........................  Open Top Vapor            1/24/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                    Degreaser.             (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.140..........................  Particulate Matter..       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.145..........................  Pathological Waste..       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.117..........................  Pellet Stove........      2/23/06  72 FR 33397 (6/18/    Submitted on 5/5/06.
                                                                       07).                  See 40 CFR
                                                                                             52.1490(c)(63)(i)(A
                                                                                             )(1).
010.148..........................  Penetrating Prime         5/23/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                    Coat.                  (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.149..........................  Penetrating Seal          5/23/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                    Coat.                  (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.150..........................  Person..............       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.151..........................  Potential to Emit...      5/23/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.155..........................  Process Weight......       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.160..........................  Process Weight Rate.       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.165..........................  Ringelmann Chart....       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.166..........................  Significant Ambient       5/23/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                    Impact.                (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.170..........................  Smoke...............       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.175..........................  Source..............       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.1751.........................  Source Registration.      5/23/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
010.180..........................  Stack or Chimney....       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.185..........................  Standard Conditions.       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
010.197..........................  Volatile Organic          1/24/79  46 FR 21758 (4/14/    Submitted on 4/24/
                                    Compound.              (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
----------------------------------------------------------------------------------------------------------------

[[Page 410]]

 
                                               GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
020.005..........................  Board of Health--          2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Powers and Duties.                 73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.010..........................  Injunctive Relief...       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.015..........................  Judicial Relief.....       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.025..........................  Control Officer--          2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Powers and Duties.                 73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.035..........................  Violations of              2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Regulations.                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.040..........................  Notice of Violation.       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.045..........................  Citation............       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.050..........................  Administrative Fines       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.055..........................  Injunctive Relief...       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.055..........................  Confidential              1/24/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                    information.           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
020.060..........................  Interference with          2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Performance of Duty.               73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.070..........................  Sampling and Testing       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.080..........................  Circumvention.......       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.085..........................  Upset, Breakdown or        2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Scheduled                          73).                  72. See 40 CFR
                                    Maintenance.                                             52.1490(c)(2).
020.090..........................  Registration of            2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Sources.                           73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
020.095..........................  Severability........       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
----------------------------------------------------------------------------------------------------------------
                                        SOURCE REGISTRATION AND OPERATION
----------------------------------------------------------------------------------------------------------------
030.000..........................  Sources--General....      5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
030.005..........................  [Authority to             5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Construct must be      (adopted)   81).                  79. See 40 CFR
                                    issued before any                                        52.1490(c)(16)(iii)
                                    building permit].                                        .
030.010..........................  [Limits on Issuance       5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    of Authorities to      (adopted)   81).                  79. See 40 CFR
                                    Construct].                                              52.1490(c)(16)(iii)
                                                                                             .
030.015..........................  [Public notice            5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    requirement for        (adopted)   81).                  79. See 40 CFR
                                    major sources].                                          52.1490(c)(16)(iii)
                                                                                             .
030.025..........................  Registration              5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Application.           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
030.030..........................  [Limits on effect of      5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    acceptance of          (adopted)   81).                  79. See 40 CFR
                                    permit application                                       52.1490(c)(16)(iii)
                                    or issuance of                                           .
                                    Authority to
                                    Construct].
030.110..........................  [modifications].....      5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
030.115(1), (5), and subsection    [Additional               5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
 (B).                               requirements for       (adopted)   81).                  79. See 40 CFR
                                    major sources in                                         52.1490(c)(16)(iii)
                                    general and                                              .
                                    specific additional
                                    requirements for
                                    major sources of
                                    nonattainment
                                    pollutants].
030.120..........................  [Violations and Stop      5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Work Orders].          (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
030.1201.........................  [Person served with       5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Stop Work Order].      (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
030.205..........................  [Registration             5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Requirement].          (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
030.210..........................  [Issuance of Permits      5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    to Operate].           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
030.215..........................  [Limits on Meaning        5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    of Issuance of         (adopted)   81).                  79. See 40 CFR
                                    Permit to Operate].                                      52.1490(c)(16)(iii)
                                                                                             .

[[Page 411]]

 
030.218..........................  ``Demonstration of       06/28/12  10/05/12, 77 FR       Submitted on 08/30/
                                    Compliance''.                      60915.                12.
030.230..........................  ``Record Keeping''..     06/28/12  10/05/12, 77 FR       Submitted on 08/30/
                                                                       60915.                12.
030.235..........................  ``Requirements for       06/28/12  10/05/12, 77 FR
                                    Source Sampling and                60915.
                                    Testing''.
030.245..........................  [Permit to Operate        5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    is not                 (adopted)   81).                  79. See 40 CFR
                                    transferable].                                           52.1490(c)(16)(iii)
                                                                                             .
030.250..........................  [Permit to Operate        5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    is subject to          (adopted)   81).                  79. See 40 CFR
                                    suspension or                                            52.1490(c)(16)(iii)
                                    revocation for                                           .
                                    violation].
030.300..........................  Fee and Fee Schedule      5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
030.305..........................  Plan Review Fees....      5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
030.310..........................  [Permit to Operate--      5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                    Schedule of Fees].     (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
030.970A.........................  ``Part 70 Permit         06/28/12  10/05/12, 77 FR
                                    Monitoring and                     60915.
                                    Compliance''.
030.3101.........................  Fuel burning              5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                    equipment.             (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
030.3102.........................  Incinerators........      5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
030.3103.........................  Storage tanks.......      5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
030.3104.........................  Processes...........      5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
030.3105.........................  Hazardous materials       5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                    processes.             (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
030.3107.........................  [Fee for transfer]..      5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
030.3108.........................  [Cost of                  5/23/79  46 FR 43141 (8/27/    Submitted on 7/24/
                                    replacement].          (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(ix).
----------------------------------------------------------------------------------------------------------------
                                              PROHIBITED EMISSIONS
----------------------------------------------------------------------------------------------------------------
040.005..........................  Visible Air               2/23/06  72 FR 33397 (6/18/    Submitted on 5/5/06.
                                    Contaminants.                      07).                  See 40 CFR
                                                                                             52.1490(c)(63)(i)(A
                                                                                             )(1).
040.010..........................  Particulate Matter..       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.015..........................  Specific                   2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Contaminants.                      73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.020..........................  Dust and Fumes......       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.025..........................  Exceptions..........       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.030..........................  Dust Control........      11/1/02  72 FR 25969 (5/8/07)  Adopted on 7/26/02.
                                                                                             Submitted on 8/5/
                                                                                             02. See 40 CFR
                                                                                             52.1490(c)(55)(i)(A
                                                                                             )(2).
040.031..........................  Street Sanding            2/27/02  71 FR 14386 (3/22/    Adopted on 2/27/02.
                                    Operations.                        06).                  Submitted on 8/5/
                                                                                             02. See 40 CFR
                                                                                             52.1490(c)(55)(i)(A
                                                                                             )(1).
040.032..........................  Street Sweeping           2/27/02  71 FR 14386 (3/22/    Adopted on 2/27/02.
                                    Operations.                        06).                  Submitted on 8/5/
                                                                                             02. See 40 CFR
                                                                                             52.1490(c)(55)(i)(A
                                                                                             )(1).
040.035..........................  Open Fires..........       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.040..........................  Burning Permit             2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Conditions.                        73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.045..........................  Refuse Disposal.....       2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                                                       73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.050..........................  Incinerator                2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Emissions.                         73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.051..........................  Wood Stove/Fireplace      2/23/06  72 FR 33397 (6/18/    Submitted on 5/5/06.
                                    Insert Emissions.                  07).                  See 40 CFR
                                                                                             52.1490(c)(63)(i)(A
                                                                                             )(1).
040.060..........................  Sulfur Content of          2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Fuel.                              73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.065..........................  Reduction of Animal        2/1/72  38 FR 12702 (5/14/    Submitted on 6/12/
                                    Matter.                            73).                  72. See 40 CFR
                                                                                             52.1490(c)(2).
040.070..........................  Storage of Petroleum      1/24/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    Products.              (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .

[[Page 412]]

 
040.075..........................  Gasoline Loading          1/24/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    into Tank Trucks       (adopted)   81).                  79. See 40 CFR
                                    and Trailers.                                            52.1490(c)(16)(iii)
                                                                                             .
040.080..........................  Gasoline Unloading        1/24/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                    from Tank Trucks       (adopted)   81).                  79. See 40 CFR
                                    and Trailers into                                        52.1490(c)(16)(iii)
                                    Storage Tanks.                                           .
040.085..........................  Organic Solvents....      1/24/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
040.090..........................  Cut-Back Asphalts...      5/23/79  46 FR 21758 (4/14/    Submitted on 7/24/
                                                           (adopted)   81).                  79. See 40 CFR
                                                                                             52.1490(c)(16)(iii)
                                                                                             .
040.095..........................  Oxygen content of         9/22/05  73 FR 38124 (7/3/08)  See 40 CFR
                                    motor vehicle fuel.                                      52.1490(c)(69)(i)(A
                                                                                             )(1).
[Related to 040.095].............  Washoe County             9/22/05  73 FR 38124 (7/3/08)  See
                                    District Board of                                        52.1490(c)(69)(i)(A
                                    Health Meeting,                                          )(1)(i).
                                    September 22, 2005,
                                    Public Hearing--
                                    Amendments--Washoe
                                    County District
                                    Board of Health
                                    Regulations
                                    Governing Air
                                    Quality Management;
                                    to Wit: Rule
                                    040.095 (Oxygen
                                    Content of Motor
                                    Vehicle Fuel).
----------------------------------------------------------------------------------------------------------------
                                             EMERGENCY EPISODE PLAN
----------------------------------------------------------------------------------------------------------------
050.001..........................  Emergency Episode         3/23/06  72 FR 33397 (6/18/    Submitted on 5/5/06.
                                    Plan.                              07).                  See 40 CFR
                                                                                             52.1490(c)(63)(i)(A
                                                                                             )(1).
060.010..........................  Emergency Authority        2/1/72  38 FR 12702 (5/14/    Submitted on June
                                    to Act.                            73).                  12, 1972. See 40
                                                                                             CFR 52.1490(c)(2).
060.015..........................  Sampling Stations          2/1/72  38 FR 12702 (5/14/    Submitted on June
                                    and Air Sampling.                  73).                  12, 1972. See 40
                                                                                             CFR 52.1490(c)(2).
060.020..........................  Reports.............       2/1/72  38 FR 12702 (5/14/    Submitted on June
                                                                       73).                  12, 1972. See 40
                                                                                             CFR 52.1490(c)(2).
060.025..........................  Continuing Program         2/1/72  38 FR 12702 (5/14/    Submitted on June
                                    of Voluntary                       73).                  12, 1972. See 40
                                    Cooperation.                                             CFR 52.1490(c)(2).
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State source-specific permits.
    [Reserved]
    (e) EPA-approved Nevada nonregulatory provisions and quasi-
regulatory measures.

                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date        Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
                           AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA\1\
----------------------------------------------------------------------------------------------------------------
Section 1--Legal authority.......  State-wide..........      1/28/72  37 FR 10842 (5/31/    See 40 CFR
                                                                       72).                  52.1490(b).
                                                                                             Statutes approved
                                                                                             into the SIP are
                                                                                             listed at the end
                                                                                             of this table.
Legal opinions concerning the      State-wide..........     11/17/72  38 FR 12702 (5/14/    See 40 CFR
 plan.                                                                 73)..                 52.1490(c)(4).
Section 2--Control regulations...  State-wide, Clark             (*)  Not applicable......  See paragraph (c) of
                                    County and Washoe                                        40 CFR 52.1470,
                                    County air                                               above.
                                    districts, and
                                    certain city and
                                    county
                                    jurisdictions.
Section 3--Air quality data        State-wide..........      1/28/72  37 FR 10842 (5/31/    See 40 CFR
 summary (excluding subsection                                         72).                  52.1490(b). An
 3.2).                                                                                       amended subsection
                                                                                             3.2 was submitted
                                                                                             on 12/10/76 and
                                                                                             approved at 43 FR
                                                                                             26932 (8/21/78).
Subsection 3.2 (SO2 Data)........  State-wide..........     12/10/76  43 FR 26932 (8/21/    Superseded
                                                                       78).                  subsection 3.2 from
                                                                                             the original SIP.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(12).

[[Page 413]]

 
Section 4--Emissions summary       State-wide..........      1/28/72  37 FR 10842 (5/31/    See 40 CFR
 (excluding subsection 4.2).                                           72).                  52.1490(b). An
                                                                                             amended subsection
                                                                                             4.2 was submitted
                                                                                             on 12/10/76 and
                                                                                             approved at 43 FR
                                                                                             26932 (8/21/78).
Subsection 4.2 (Exceptions)......  State-wide..........     12/10/76  43 FR 26932 (8/21/    Superseded
                                                                       78).                  subsection 4.2 from
                                                                                             the original SIP.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(12).
Section 5--Control strategy        State-wide..........      1/28/72  37 FR 10842 (5/31/    See 40 CFR
 (excluding subsection 5.1 and                                         72).                  52.1490(b). Errata
 table 5.1).                                                                                 sheet correcting
                                                                                             page 5-21 was
                                                                                             submitted by Nevada
                                                                                             on 4/26/72 and
                                                                                             approved with the
                                                                                             original SIP on 1/
                                                                                             28/72. See 40 CFR
                                                                                             52.1490(c)(1).
                                                                                             Subsection 5.1 and
                                                                                             table 5.1 was
                                                                                             superseded by
                                                                                             amended provisions
                                                                                             at 43 FR 26932 (8/
                                                                                             21/78).
Subsection 5.1 (Approach)........  State-wide..........     12/10/76  43 FR 26932 (8/21/    Superseded
                                                                       78).                  subsection 5.1 from
                                                                                             the original SIP.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(12).
Table 5.1 (Classification of       State-wide..........     12/10/76  43 FR 26932 (8/21/    Superseded table 5.1
 regions).                                                             78).                  from the original
                                                                                             SIP. See 40 CFR
                                                                                             52.1490(c)(12).
Table 5.2 (Set 1 Pollutants).....  Clark County........     12/10/76  43 FR 26932 (8/21/    Specifies SO2
                                                                       78).                  control strategy
                                                                                             analysis for Clark
                                                                                             County. See 40 CFR
                                                                                             52.1490(c)(12).
Nevada State Implementation Plan   State-wide..........       2/5/07  72 FR 41629 (7/31/    See 40 CFR
 for Interstate Transport to                                           07).                  52.1490(c)(64)(i)(A
 Satisfy the Requirements of                                                                 )(1).
 Clean Air Act 110(a)(2)(D)(i)
 for the 8-hour Ozone and PM2.5
 NAAQS Promulgated in July 1997
 (January 31, 2007).
Mason Valley 108          Mason Valley and         12/29/78  46 FR 21758 (4/14/    TSP nonattainment
 (Yerington) and Fernley Area       Fernley Area.                      81).                  plan. See 40 CFR
 76 Air Quality                                                                     52.1490(c)(14)(iii)
 Implementation Plan.                                                                        . TSP plan was
                                                                                             approved with
                                                                                             conditions, but
                                                                                             conditions were
                                                                                             revoked at 47 FR
                                                                                             15790 (4/13/82).
Letter from Michael L. Eckstein,   Yerington and             7/24/79  46 FR 21758 (4/14/    Relates to paving
 P.E., Lyon County Engineer, 2/27/  Fernley.                           81).                  schedule to reduce
 79.                                                                                         TSP emissions. See
                                                                                             40 CFR
                                                                                             52.1490(c)(16)(iv).
Lander County Air Quality          Lander County.......     12/29/78  46 FR 21758 (4/14/    TSP nonattainment
 Improvement Plan.                                                     81).                  plan. See 40 CFR
                                                                                             52.1490(c)(14)(iii)
                                                                                             . TSP plan was
                                                                                             approved with
                                                                                             conditions, but
                                                                                             conditions were
                                                                                             revoked at 47 FR
                                                                                             15790 (4/13/82).
Resolution, County of Lander, May  Lander County.......      7/24/79  46 FR 21758 (4/14/    See 40 CFR
 3, 1979.                                                              81).                  52.1490(c)(16)(iv).
Carson Desert (101        Carson Desert.......     12/29/78  46 FR 21758 (4/14/    TSP nonattainment
 (Fallon) Air Quality                                                  81).                  plan. See 40 CFR
 Implementation Plan.                                                                        52.1490(c)(14)(iii)
                                                                                             . TSP plan was
                                                                                             approved with
                                                                                             conditions, but
                                                                                             conditions were
                                                                                             revoked at 47 FR
                                                                                             15790 (4/13/82).
Letter from Ben T. Bartlett,       City of Fallon......      7/24/79  46 FR 21758 (4/14/    Relates to paving
 P.E., City Engineer, City of                                          81).                  schedule to reduce
 Fallon, 12/20/78.                                                                           TSP emissions. See
                                                                                             40 CFR
                                                                                             52.1490(c)(16)(iv).
Winnemucca Segment (70)   Winnemucca Segment..     12/29/78  46 FR 21758 (4/14/    TSP nonattainment
 Air Quality Implementation Plan.                                      81).                  plan. See 40 CFR
                                                                                             52.1490(c)(14)(iii)
                                                                                             . TSP plan was
                                                                                             approved with
                                                                                             conditions, but
                                                                                             conditions were
                                                                                             revoked at 47 FR
                                                                                             15790 (4/13/82).
Letter from Leslie F. Harmon,      City of Winnemucca..      7/24/79  46 FR 21758 (4/14/    Relates to paving
 Councilman, City of Winnemucca,                                       81).                  schedule to reduce
 11/11/79.                                                                                   TSP emissions. See
                                                                                             40 CFR
                                                                                             52.1490(c)(16)(iv).

[[Page 414]]

 
Redesignation Request and          Central Steptoe           2/14/95  67 FR 17939 (4/12/    Sulfur dioxide
 Maintenance Plan for the           Valley, White Pine                 02).                  redesignation
 National Sulfur Dioxide            County.                                                  request and
 Standard--Central Steptoe Valley.                                                           maintenance plan.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(39)(i)(A
                                                                                             ).
Supplement to Maintenance Plan     Central Steptoe           2/27/02  67 FR 17939 (4/12/    Supplement consists
 for the National Sulfur Dioxide    Valley, White Pine                 02).                  of a letter from
 Standard--Central Steptoe Valley.  County.                                                  Allen Biaggi,
                                                                                             Administrator,
                                                                                             NDEP, to Wayne
                                                                                             Nastri, EPA Region
                                                                                             IX Regional
                                                                                             Administrator,
                                                                                             dated 2/27/02. See
                                                                                             40 CFR
                                                                                             52.1490(c)(40)(i)(A
                                                                                             ).
Las Vegas Valley Air Quality       Las Vegas Valley,        12/29/78  46 FR 21758 (4/14/    Carbon monoxide,
 Implementation Plan, 12/5/78.      Clark County.                      81).                  photochemical
                                                                                             oxidant, and TSP
                                                                                             nonattainment plan.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(14)(iii)
                                                                                             . The plan was
                                                                                             approved with
                                                                                             conditions, but
                                                                                             conditions were
                                                                                             revoked at 47 FR
                                                                                             15790 (4/13/82).
Two memoranda of understanding     Las Vegas Valley,         7/24/79  46 FR 21758 (4/14/    Amendments to the
 between Clark County, the Health   Clark County.                      81).                  Las Vegas Valley
 District, and the Transportation                                                            Air Quality
 Policy Committee.                                                                           Implementation
                                                                                             Plan, 12/5/78. See
                                                                                             40 CFR
                                                                                             52.1490(c)(16)(v).
Air Quality Implementation Plan,   Las Vegas Valley,          4/4/81  47 FR 15790 (4/13/    Updates Las Vegas
 Las Vegas Valley, Clark County,    Clark County.                      82).                  Valley Air Quality
 Nevada, Revised 11/18/80                                                                    Implementation
 (excluding Clark County Air                                                                 Plan, 12/5/78, for
 Pollution Control Regulations).                                                             carbon monoxide,
                                                                                             ozone and TSP to
                                                                                             respond to
                                                                                             conditions placed
                                                                                             on approval. See 40
                                                                                             CFR
                                                                                             52.1490(c)(23)(i).
                                                                                             Clark County air
                                                                                             pollution control
                                                                                             regulations were
                                                                                             included as
                                                                                             appendix C to the
                                                                                             plan but were not
                                                                                             approved as part of
                                                                                             the plan.
Air Quality Implementation Plan,   Las Vegas Valley,         6/23/82  49 FR 44208 (11/5/    Submitted as
 Las Vegas Valley, Clark County,    Clark County.                      84).                  required in
 Nevada, Update, 6/1/82.                                                                     response to EPA's
                                                                                             approval of request
                                                                                             for extension of CO
                                                                                             attainment date to
                                                                                             1987. See 40 CFR
                                                                                             52.1490(c)(32).
Air Quality Implementation Plan,   Las Vegas Valley,         1/11/85  51 FR 29923 (8/21/    Submitted as
 Las Vegas Valley, Clark County,    Clark County.                      86).                  required in
 Nevada, Post 1982 Update, July                                                              response to EPA's
 1984.                                                                                       approval of request
                                                                                             for extension of
                                                                                             ozone attainment
                                                                                             date to 1987. In
                                                                                             addition to the
                                                                                             plan itself, the
                                                                                             approval includes
                                                                                             an emissions
                                                                                             inventory for 1995,
                                                                                             transmitted by
                                                                                             letter dated 3/14/
                                                                                             86. See 40 CFR
                                                                                             52.1490(c)(33)(i)(A
                                                                                             ).
Emissions Inventory for 1995.....  Las Vegas Valley,         3/14/86  51 FR 29923 (8/21/    Supplements the Air
                                    Clark County.                      86).                  Quality
                                                                                             Implementation
                                                                                             Plan, Las Vegas
                                                                                             Valley, Clark
                                                                                             County, Nevada,
                                                                                             Post 1982 Update, 7/
                                                                                             84. See 40 CFR
                                                                                             52.1490(c)(33)(ii)(
                                                                                             A).
Ozone Redesignation Request and    Clark County,             4/11/11  78 FR 1149, 1/8/13..  Approval includes
 Maintenance Plan, Clark County,    Nevada: that                                             appendices A, B,
 Nevada (March 2011).               portion of Clark                                         and C. Relates to
                                    County that lies in                                      the 1997 8-hour
                                    hydrographic areas                                       ozone standard.
                                    164A, 164B, 165,
                                    166, 167, 212, 213,
                                    214, 216, 217, and
                                    218, but excluding
                                    the Moapa River
                                    Indian Reservation
                                    and the Fort Mohave
                                    Indian Reservation.

[[Page 415]]

 
PM-10 State Implementation Plan    Las Vegas Valley,         7/23/01  69 FR 32273 (6/9/04)  Adopted 6/19/01. PM-
 for Clark County, June 2001.       Clark County.                                            10 nonattainment
                                                                                             plan. Approval
                                                                                             covers chapter 3,
                                                                                             chapter 4
                                                                                             (excluding pages 4-
                                                                                             125 and 4-126),
                                                                                             chapters 5 through
                                                                                             7, appendices A
                                                                                             through E, appendix
                                                                                             J, and appendices L
                                                                                             through N. All
                                                                                             rules and
                                                                                             regulations
                                                                                             approved in
                                                                                             appendix G have
                                                                                             been superseded by
                                                                                             subsequent EPA
                                                                                             approvals of
                                                                                             amended
                                                                                             regulations. See 40
                                                                                             CFR
                                                                                             52.1490(c)(42)(i)(A
                                                                                             )(1).
Pages 4-125 and 4-126 and          Las Vegas Valley,        11/19/02  69 FR 32273 (6/9/04)  Replacement pages
 appendix R (of the PM-10 State     Clark County.                                            and an additional
 Implementation Plan for Clark                                                               appendix (i.e.,
 County).                                                                                    Appendix R--
                                                                                             Documentation on
                                                                                             Residential Wood
                                                                                             Combustion Control
                                                                                             Measures'') to the
                                                                                             PM-10 State
                                                                                             Implementation Plan
                                                                                             for Clark County.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(44)(i)(A
                                                                                             )(1).
State of Nevada State              Portions of Clark         3/20/96  69 FR 56351 (9/21/    I/M SIP. Approval
 Implementation Plan for an         County.                            04).                  includes the cover
 Enhanced Program for the                                                                    page through page
 Inspection and Maintenance of                                                               15, appendix 1
 Motor Vehicles for Las Vegas                                                                (only the Nevada
 Valley and Boulder City, Nevada,                                                            attorney general's
 revised March 1996.                                                                         opinion and
                                                                                             memorandum dated 11/
                                                                                             15/93 and 6/29/94,
                                                                                             respectively), and
                                                                                             appendices 2 and 9.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(46)(i)(A
                                                                                             )(1).
NV2000 Analyzer Electronic Data    Parts of Clark            1/30/02  69 FR 56351 (9/21/    Included in approval
 Transmission Equipment             County.                            04).                  of I/M program for
 Specifications (June 15, 2000).                                                             Las Vegas Valley
                                                                                             and Boulder City.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(48)(ii)(
                                                                                             A)(1).
Contract between Nevada            Parts of Clark             6/4/02  69 FR 56351 (9/21/    Included in approval
 Department of Motor Vehicles and   County.                            04).                  of I/M program for
 MD LaserTech for on-road testing                                                            Las Vegas Valley
 services, dated January 15, 2002.                                                           and Boulder City.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(49)(ii)(
                                                                                             A)(1).

[[Page 416]]

 
Carbon Monoxide State              Las Vegas Valley,          8/9/00  69 FR 56351 (9/21/    CO nonattainment
 Implementation Plan, Las Vegas     Clark County.                      04).                  plan. Adopted on 8/
 Valley Nonattainment Area, Clark                                                            1/00. Approval
 County, Nevada, August 2000.                                                                includes the
                                                                                             following sections
                                                                                             within which
                                                                                             certain exceptions
                                                                                             are noted but
                                                                                             excluding all
                                                                                             sections not
                                                                                             specifically cited:
                                                                                             chapters 1 through
                                                                                             8 (with the
                                                                                             exception of
                                                                                             chapter 7,
                                                                                             subsection 7.2.2,
                                                                                             ``Contingency
                                                                                             Measures'');
                                                                                             appendix A,
                                                                                             ``Emissions
                                                                                             Inventory'',
                                                                                             sections 1 through
                                                                                             7, and section 8-
                                                                                             ``Annexes'' (with
                                                                                             the exception of
                                                                                             appendix E,
                                                                                             ``Quality Assurance/
                                                                                             Quality Control'');
                                                                                             appendix B,
                                                                                             ``Transportation
                                                                                             Documentation'',
                                                                                             section 1; appendix
                                                                                             D, ``Regulations,
                                                                                             Policies and Public
                                                                                             Participation
                                                                                             Documentation'',
                                                                                             section 1-``Cleaner
                                                                                             Burning Gasoline
                                                                                             (CBG) Regulations
                                                                                             and Supporting
                                                                                             Documentation''
                                                                                             (with the exception
                                                                                             of District Board
                                                                                             of Health of Clark
                                                                                             County Air
                                                                                             Pollution Control
                                                                                             Regulations section
                                                                                             54 as adopted on
                                                                                             April 22, 1999),
                                                                                             section 2, section
                                                                                             3, section 4-
                                                                                             ``Nevada
                                                                                             Administrative
                                                                                             Code, Chapter 445B:
                                                                                             Technician Training
                                                                                             and Licensing''
                                                                                             (with the exception
                                                                                             of NAC 445B.485-
                                                                                             445B.487, 445B.489-
                                                                                             445B.493, and
                                                                                             445B.495-445B.498),
                                                                                             and sections 5
                                                                                             through 9; and
                                                                                             appendix E,
                                                                                             ``Supplemental
                                                                                             Technical Support
                                                                                             Documentation'',
                                                                                             sections 1 through
                                                                                             4, and 7. See 40
                                                                                             CFR
                                                                                             52.1490(c)(47)(i)(A
                                                                                             )(1).
Carbon Monoxide State              Las Vegas Valley,         2/14/06  71 FR 44587 (8/7/06)  Update to 2000 CO
 Implementation Plan Revision,      Clark County.                                            nonattainment plan.
 Las Vegas Valley Nonattainment                                                              Adopted by Clark
 Area, Clark County, Nevada,                                                                 County on 10/4/05.
 October 2005.                                                                               Approval did not
                                                                                             include section 7.3
                                                                                             (page 7-2),
                                                                                             ``Mobile Source
                                                                                             Emissions
                                                                                             Budget''). See 40
                                                                                             CFR
                                                                                             52.1490(c)(57)(i)(A
                                                                                             )(1).
Section 7.3 (page 7-2), ``Mobile   Las Vegas Valley,         5/12/06  71 FR 44587 (8/7/06)  Replacement section
 Source Emissions Budget'') of      Clark County.                                            for 2005 CO Plan.
 the Carbon Monoxide State                                                                   Adopted by Clark
 Implementation Plan Revision,                                                               County on 5/2/06.
 Las Vegas Valley Nonattainment                                                              See 40 CFR
 Area, Clark County, Nevada.                                                                 52.1490(c)(58)(i)(A
                                                                                             )(1).
Carbon Monoxide Redesignation      Las Vegas Valley,         9/18/08  75 FR 59090 (9/27/    See 40 CFR
 Request and Maintenance Plan,      Clark County.                      10).                  52.1490(c)(73)(ii)(
 Las Vegas Valley Nonattainment                                                              B).
 Area, Clark County, Nevada
 (September 2008), excluding the
 appendices.

[[Page 417]]

 
Resolution of the Clark County     Las Vegas Valley,         9/18/08  75 FR 59090 (9/27/    See 40 CFR
 Board of Commissioners Adopting    Clark County.                      10).                  52.1490(c)(73)(ii)(
 the Clark County Carbon Monoxide                                                            A).
 Redesignation Request and
 Maintenance Plan, adopted by the
 Clark County Board of
 Commissioners on September 2,
 2008.
Letter from Anthony Lesperance,    Las Vegas Valley,         8/30/10  75 FR 59090 (9/27/    See 40 CFR
 Director, Nevada Department of     Clark County.                      10).                  52.1490(c)(75).
 Agriculture, to Lewis                                                                       Letter sets forth
 Wallenmeyer, Director, Clark                                                                the Nevada
 County Department of Air Quality                                                            Department of
 and Environmental Management,                                                               Agriculture's
 dated June 22, 2010.                                                                        commitment to seek
                                                                                             reinstatement of
                                                                                             the Low RVP
                                                                                             wintertime gasoline
                                                                                             requirement in
                                                                                             Clark County if
                                                                                             necessary under the
                                                                                             Las Vegas Valley
                                                                                             Carbon Monoxide
                                                                                             Maintenance Plan to
                                                                                             address future
                                                                                             carbon monoxide
                                                                                             violations.
Clark County Transportation        Portions of Clark          4/1/08  73 FR 66182 (11/7/    40 CFR
 Conformity Plan (January 2008).    County.                            08).                  52.1490(c)(72)(i)(A
                                                                                             ).
Correspondence dated March 6,      Portions of Clark         5/11/07  73 FR 38124 (7/3/08)  The letter describes
 2007 from the Nevada Department    County and Washoe                                        an upgrade to the
 of Motor Vehicles to the Nevada    County.                                                  NV2000 emission
 Division of Environmental                                                                   analyzer to make
 Protection.                                                                                 emissions testing
                                                                                             possible on motor
                                                                                             vehicles containing
                                                                                             a certified on-
                                                                                             board diagnostic
                                                                                             system which uses
                                                                                             controller area
                                                                                             network
                                                                                             communication. See
                                                                                             40 CFR
                                                                                             52.1490(c)(71)(ii)(
                                                                                             A)(1).
Truckee Meadows Air Quality        Truckee Meadows,         12/29/78  46 FR 21758 (4/14/    Carbon monoxide,
 Implementation Plan, 12/6/78.      Washoe County.                     81).                  photochemical
                                                                                             oxidant, and TSP
                                                                                             nonattainment plan.
                                                                                             See 40 CFR
                                                                                             52.1490(c)(14)(iii)
                                                                                             . The plan was
                                                                                             approved with
                                                                                             conditions, but
                                                                                             conditions were
                                                                                             revoked at 47 FR
                                                                                             15790 (4/13/82).
Request for Extension of the CO    Truckee Meadows,          8/19/80  46 FR 45605 (9/14/    See 40 CFR
 Attainment Date for the Truckee    Washoe County.                     81).                  52.1490(c)(20).
 Meadows CO Nonattainment Area.
Resolution of the Washoe Council   Truckee Meadows,         11/17/81  47 FR 15790 (4/13/    Commitments satisfy
 of Governments adopted 8/28/81     Washoe County.                     82).                  a condition placed
 and Endorsement of the State                                                                on approval of the
 Environmental Commission dated                                                              1978 Truckee
 10/15/81.                                                                                   Meadows Air Quality
                                                                                             Implementation
                                                                                             Plan. See 40 CFR
                                                                                             52.1490(c)(24)(ii).
Truckee Meadows Air Quality        Truckee Meadows,          9/14/83  49 FR 31683 (8/8/84)  CO nonattainment
 Implementation Plan (AQIP), 1982   Washoe County.                                           plan. Attainment
 Update (Revised).                                                                           and RFP
                                                                                             demonstrations and
                                                                                             the Legally
                                                                                             Enforceable
                                                                                             Measures portions
                                                                                             of the plan were
                                                                                             not included in the
                                                                                             approval. See 40
                                                                                             CFR
                                                                                             52.1490(c)(26)(ii).
Maintenance Plan for the Washoe    Washoe County.......      5/30/07  73 FR 3389 (1/18/08)  CAA section
 County 8-Hour Ozone Attainment                                                              110(a)(1)
 Area (April 2007), excluding                                                                maintenance plan.
 appendices.                                                                                 See 40 CFR
                                                                                             52.1490(c)(65)(i)(A
                                                                                             )(1).

[[Page 418]]

 
Redesignation Request and          Truckee Meadows,          11/4/05  73 FR 38124 (7/3/08)  See 40 CFR
 Maintenance Plan for the Truckee   Washoe County.                                           52.1490(c)(69)(i)(A
 Meadows Carbon Monoxide Non-                                                                )(2).
 Attainment Area (September
 2005), excluding appendices B,
 C, and D.
Basic I/M Performance Standard...  Portions of Washoe        11/2/06  73 FR 38124 (7/3/08)  See 40 CFR
                                    County.                                                  52.1490(c)(70)(i)(A
                                                                                             )(1) and
                                                                                             (c)(70)(ii)(A)(1).
Washoe County District Board of    Portions of Washoe        11/2/06  73 FR 38124 (7/3/08)  See 40 CFR
 Health Meeting, September 28,      County.                                                  52.1490(c)(70)(i)(A
 2006, Public Hearing-State                                                                  )(1)(i). ``Basic
 Implementation Plan (SIP).                                                                  Program-Inspection
                                                                                             and Maintenance (I/
                                                                                             M) of Motor
                                                                                             Vehicles--Truckee
                                                                                             Meadows Planning
                                                                                             Area, Nevada;'' to
                                                                                             Wit: Basic
                                                                                             Inspection and
                                                                                             Maintenance (I/M)
                                                                                             Performance
                                                                                             Standard.
State Implementation Plan for a    Portions of Washoe         6/3/94  73 FR 38124 (7/3/08)  See 40 CFR
 Basic Program for the Inspection   County.                                                  52.1490(c)(68).
 and Maintenance of Motor
 Vehicles for the Truckee Meadows
 Planning Area, Nevada (June
 1994), including the cover page
 through page 9, appendix 1,
 appendix 2 (only the certificate
 of compliance and Nevada
 attorney general's opinion), and
 appendices 3, 6, 8, and 10.
Lake Tahoe Basin Nonattainment     Nevada portion of         7/24/79  47 FR 27065 (6/23/    Carbon monoxide
 Area Plan.                         Lake Tahoe Basin--                 82).                  nonattainment plan.
                                    portions of Carson                                       Also, includes
                                    City, Douglas and                                        elements related to
                                    Washoe counties.                                         photochemical
                                                                                             oxidant. See 40 CFR
                                                                                             52.1490(c)(16)(vii)
                                                                                             . The plan was
                                                                                             approved with
                                                                                             conditions, but
                                                                                             conditions were
                                                                                             revoked at 49 FR
                                                                                             6897 (2/24/84).
Amendments to the Lake Tahoe       Nevada portion of         12/9/82  49 FR 6897 (2/24/84)  Submitted in
 Basin Nonattainment Area Plan.     Lake Tahoe Basin--                                       response to
                                    portions of Carson                                       conditions placed
                                    City, Douglas and                                        on approval of 1979
                                    Washoe counties.                                         Lake Tahoe Plan.
                                                                                             Amendments include:
                                                                                             (i) Emission
                                                                                             reduction estimates
                                                                                             and/or changes in
                                                                                             vehicular activity
                                                                                             for the adopted
                                                                                             control measures;
                                                                                             (ii) A modeling
                                                                                             analysis indicating
                                                                                             1982 attainment;
                                                                                             (iii) Documentation
                                                                                             of the modeling
                                                                                             analysis including
                                                                                             air quality,
                                                                                             traffic and
                                                                                             meteorological
                                                                                             data; (iv) Evidence
                                                                                             of implementation
                                                                                             and/or future
                                                                                             commitments for the
                                                                                             adopted control
                                                                                             measures; and (v)
                                                                                             Appendix of
                                                                                             previous reports,
                                                                                             measured data and
                                                                                             other official
                                                                                             correspondence
                                                                                             including: (A)
                                                                                             Resource
                                                                                             commitments from
                                                                                             the responsible
                                                                                             agencies for
                                                                                             implementing the
                                                                                             RFP, (B) 1979 and
                                                                                             1980 Annual Reports
                                                                                             for the Lake Tahoe
                                                                                             Air Basin, and (C)
                                                                                             1981 Nevada Air
                                                                                             Quality Report. See
                                                                                             40 CFR
                                                                                             52.1490(c)(27).

[[Page 419]]

 
Amendments to the Lake Tahoe       Nevada portion of        12/16/82  49 FR 6897 (2/24/84)  Submitted in
 Basin Nonattainment Area Plan.     Lake Tahoe Basin--                                       response to
                                    portions of Carson                                       conditions placed
                                    City, Douglas and                                        on approval of 1979
                                    Washoe counties.                                         Lake Tahoe Plan.
                                                                                             Amendments include:
                                                                                             (i) Additional
                                                                                             evidence of
                                                                                             commitment to the
                                                                                             control evidence by
                                                                                             the responsible
                                                                                             state and/or local
                                                                                             agencies; and (ii)
                                                                                             Additional
                                                                                             supporting
                                                                                             documentation for
                                                                                             the 1982 attainment
                                                                                             modeling analysis
                                                                                             which included
                                                                                             revised technical
                                                                                             data on measured
                                                                                             and modeled CO
                                                                                             traffic volumes,
                                                                                             and a revised
                                                                                             narrative on the
                                                                                             calibration
                                                                                             constant and the
                                                                                             impacts to the
                                                                                             model. See 40 CFR
                                                                                             52.1490(c)(28).
Amendments to the Lake Tahoe       Nevada portion of         1/28/83  49 FR 6897 (2/24/84)  Submitted in
 Basin Nonattainment Area Plan.     Lake Tahoe Basin--                                       response to
                                    portions of Carson                                       conditions placed
                                    City, Douglas and                                        on approval of 1979
                                    Washoe counties.                                         Lake Tahoe Plan.
                                                                                             Amendments include:
                                                                                             (i) Response to
                                                                                             EPA's preliminary
                                                                                             evaluation,
                                                                                             specifying
                                                                                             documentation for
                                                                                             calibrating the
                                                                                             model, the mobile
                                                                                             source emission
                                                                                             factors, and
                                                                                             additional traffic
                                                                                             data; (ii)
                                                                                             Conversion factors
                                                                                             for the model; and
                                                                                             (iii) A revised
                                                                                             1982 attainment
                                                                                             modeling analysis
                                                                                             and supporting
                                                                                             documentation
                                                                                             including: (A)
                                                                                             1979, 1980-82
                                                                                             traffic data for
                                                                                             the Stateline Area,
                                                                                             (Appendix A); (B)
                                                                                             Stateline Cold
                                                                                             Start/Hot Start
                                                                                             Analysis, (Appendix
                                                                                             B); (C) Portions of
                                                                                             the Highway 50
                                                                                             Corridor Study,
                                                                                             June 1979 (Appendix
                                                                                             C); (D) Reference
                                                                                             from Transportation
                                                                                             and Traffic
                                                                                             Engineering
                                                                                             Handbook, (1979),
                                                                                             (Appendix D); and
                                                                                             (E) Revised Caline
                                                                                             3 and Mobile 2
                                                                                             modeling analysis
                                                                                             using both 27% and
                                                                                             50% cold start
                                                                                             factors, (Appendix
                                                                                             E). See 40 CFR
                                                                                             52.1490(c)(29).
Amendments to the Lake Tahoe       Nevada portion of          5/5/83  49 FR 6897 (2/24/84)  Submitted in
 Basin Nonattainment Area Plan.     Lake Tahoe Basin--                                       response to
                                    portions of Carson                                       conditions placed
                                    City, Douglas and                                        on approval of 1979
                                    Washoe counties.                                         Lake Tahoe Plan.
                                                                                             Amendments include:
                                                                                             (i) ``Stateline,
                                                                                             Nevada, 1983 Carbon
                                                                                             Monoxide Study``--a
                                                                                             traffic, ambient
                                                                                             air monitoring and
                                                                                             predictive modeling
                                                                                             report; and (ii) A
                                                                                             revised analysis of
                                                                                             the Caline 3 model
                                                                                             verifying 1982
                                                                                             attainment, based
                                                                                             on data collected
                                                                                             in February and
                                                                                             March 1983. See 40
                                                                                             CFR 52.1490(c)(30).

[[Page 420]]

 
Carbon Monoxide Redesignation      Nevada portion of        10/27/03  68 FR 69611 (12/15/   Adopted on 9/18/03.
 Request and Limited Maintenance    Lake Tahoe Basin--                 03).                  See 40 CFR
 Plan for the Nevada Side of the    portions of Carson                                       52.1490(c)(45)(i)(A
 Lake Tahoe Basin, October 2003.    City, Douglas and                                        )(1). Approval
                                    Washoe counties.                                         includes: (1)
                                                                                             Attainment year
                                                                                             (2001) emissions
                                                                                             inventory,
                                                                                             monitoring network
                                                                                             and verification of
                                                                                             continued
                                                                                             attainment, and
                                                                                             contingency plan,
                                                                                             including
                                                                                             commitments to
                                                                                             follow maintenance
                                                                                             plan contingency
                                                                                             procedures by the
                                                                                             Nevada Division of
                                                                                             Environmental
                                                                                             Protection, the
                                                                                             Tahoe Metropolitan
                                                                                             Planning
                                                                                             Organization, the
                                                                                             Nevada Department
                                                                                             of Transportation,
                                                                                             and the Washoe
                                                                                             County District
                                                                                             Health Department.
Transmittal Letter for the Carbon  Nevada portion of        10/27/03  68 FR 69611 (12/15/   See 40 CFR
 Monoxide Redesignation Request     Lake Tahoe Basin--                 03).                  52.1490(c)(45)(i)(B
 and Limited Maintenance Plan for   portions of Carson                                       ). Includes a State
 the Nevada Side of the Lake        City, Douglas and                                        commitment to track
 Tahoe Basin, October 2003.         Washoe counties.                                         CO concentrations
                                                                                             and to adopt,
                                                                                             submit as a SIP
                                                                                             revision, and
                                                                                             implement
                                                                                             expeditiously any
                                                                                             and all measures to
                                                                                             achieve the level
                                                                                             of CO emissions
                                                                                             reductions needed
                                                                                             to maintain the CO
                                                                                             NAAQS in the event
                                                                                             that an exceedance
                                                                                             of the CO NAAQS is
                                                                                             monitored, and to
                                                                                             work with the
                                                                                             involved
                                                                                             jurisdictions to
                                                                                             ensure that
                                                                                             sufficient measures
                                                                                             are adopted and
                                                                                             implemented in a
                                                                                             timely fashion to
                                                                                             prevent a
                                                                                             violation.
Addendum to the October 27, 2003   Nevada portion of        10/27/03  68 FR 69611 (12/15/   See 40 CFR
 letter of transmittal of the       Lake Tahoe Basin--                 03).                  52.1490(c)(45)(i)(C
 redesignation request and          portions of Carson                                       ). Includes
 maintenance plan.                  City, Douglas and                                        emissions
                                    Washoe counties.                                         projections for on-
                                                                                             road motor vehicles
                                                                                             through 2016.
Section 6--Emergency episode plan  State-wide..........      1/28/72  37 FR 10842 (5/31/    See 40 CFR
 (excluding subsections 6.1.4,                                         72).                  52.1490(b).
 6.5.2.2; tables 6.1, 6.2 and                                                                Subsections 6.1.4,
 6.3; Air Pollution Episode                                                                  6.5.2.2; tables
 Notice and; Episode                                                                         6.1, 6.2 and 6.3;
 Communication Checklist).                                                                   Air Pollution
                                                                                             Episode Notice and;
                                                                                             Episode
                                                                                             Communication
                                                                                             Checklist from the
                                                                                             original SIP were
                                                                                             superseded by
                                                                                             amended provisions
                                                                                             approved at 45 FR
                                                                                             46384 (7/10/80).
Subsections 6.1.4 (Emergency       State-wide..........     12/29/78  45 FR 46384 (7/10/    Amends provisions
 Episode Criteria) and 6.5.2.2                                         80).                  from original SIP.
 (Episode Actions); table 6.1                                                                See 40 CFR
 (Episode stage definitions),                                                                52.1490(c)(14)(i).
 table 6.2 (Stage 1 episode,
 Stage 2 episode, and Stage 3
 episode), and table 6.3 (Source
 list); Air Pollution Episode
 Notice and; Episode
 Communication Checklist.
Section 7--Compliance schedule...  State-wide..........      1/28/72  37 FR 10842 (5/31/    See 40 CFR
                                                                       72).                  52.1490(b).
Section 8--Source surveillance...  State-wide..........      1/28/72  37 FR 10842 (5/31/    See 40 CFR
                                                                       72).                  52.1490(b).
Section 9--Review of new sources   State-wide..........      1/28/72  37 FR 10842 (5/31/    See 40 CFR
 and modifications.                                                    72).                  52.1490(b).

[[Page 421]]

 
Section 10--State of Nevada        State-wide..........      6/24/80  46 FR 40512 (8/10/    See 40 CFR
 Ambient Air Quality Monitoring                                        81).                  52.1490(c)(19)(i).
 and Surveillance.
Section 11--Intergovernmental      State-wide..........      8/30/12  77 FR 64737, 10/23/   Submitted as
 Consultation.                                                         12.                   attachment D to
                                                                                             NDEP's August 30,
                                                                                             2012 SIP revision
                                                                                             submittal.
Attachment D--Inter-Local          Washoe County.......      12/4/09  77 FR 64737, 10/23/   Submitted as
 Agreement Supporting CAA                                              12.                   attachment D to
 110(a)(2)(A)-(M) Requirements.                                                              NDEP's December 4,
                                                                                             2009 SIP revision
                                                                                             submittal.
Section 12--Resources............  State-wide..........      8/30/12  77 FR 64737, 10/23/   Submitted as
                                                                       12.                   attachment A to
                                                                                             NDEP's August 30,
                                                                                             2012 SIP revision
                                                                                             submittal.
State Implementation Plan          State-wide..........     11/17/81  48 FR 6105 (2/10/83)  Lead (Pb) SIP. See
 Revision for Lead.                                                                          40 CFR
                                                                                             52.1490(c)(24)(v).
State Implementation Plan          Las Vegas Valley,         6/24/80  47 FR 28374 (6/30/    Lead (Pb) SIP. See
 Revision for Ambient Lead in Las   Clark County.                      82).                  40 CFR
 Vegas Valley, Clark County,                                                                 52.1490(c)(19)(iii)
 Nevada, 2/11/80.                                                                            .
Adopted Lead Implementation Plan   Truckee Meadows,          5/30/84  49 FR 26736 (6/29/    Lead (Pb) SIP. See
 for the Truckee Meadows Basin, 4/  Washoe County.                     84).                  40 CFR
 26/84.                                                                                      52.1490(c)(31)(i).
Enclosure 1--CAA 110(a)(2)(A)-(M)  State-wide, within         2/1/08  77 FR 64737, 10/23/   ``Infrastructure''
 Requirements in the Current        NDEP jurisdiction.                 12.                   SIP for the 1997 8-
 Nevada State Implementation Plan                                                            Hour ozone
 (SIP) for 8-Hour Ozone.                                                                     standard.
                                                                                             Enclosures (2) and
                                                                                             (3) include copies
                                                                                             of the regulatory
                                                                                             and statutory
                                                                                             provisions
                                                                                             previously approved
                                                                                             in the Nevada SIP.
Enclosure 1--CAA 110(a)(2)(A)-(M)  State-wide, within        2/26/08  77 FR 64737, 10/23/   ``Infrastructure''
 Requirements in the Current        NDEP jurisdiction.                 12.                   SIP for the 1997
 Nevada State Implementation Plan                                                            PM2.5 standard.
 (SIP) for PM2.5.                                                                            Enclosures (2) and
                                                                                             (3) include copies
                                                                                             of the regulatory
                                                                                             and statutory
                                                                                             provisions
                                                                                             previously approved
                                                                                             in the Nevada SIP.
Enclosure 1-CAA 110(a)(2)(A)-(M)   State-wide, within        9/15/09  77 FR 64737, 10/23/   ``Infrastructure''
 Requirements in the Current        NDEP jurisdiction.                 12.                   SIP for the 2006
 Nevada State Implementation Plan                                                            PM2.5 standard.
 (SIP) for PM2.5.                                                                            Enclosures (2) and
                                                                                             (3) include copies
                                                                                             of the regulatory
                                                                                             and statutory
                                                                                             provisions
                                                                                             previously approved
                                                                                             in the Nevada SIP.
Attachment A--Current CAA          Washoe County.......     12/04/09  77 FR 64737, 10/23/   Attachment B
 110(a)(2)(A)-(M) Requirements in                                      12.                   includes Washoe
 the Washoe County Portion of the                                                            County regulations,
 Nevada PM2.5 SIP.                                                                           that are addressed
                                                                                             in separate
                                                                                             rulemakings.
                                                                                             Attachment C is the
                                                                                             PSD delegation
                                                                                             agreement between
                                                                                             Washoe County
                                                                                             District Health
                                                                                             Department and EPA
                                                                                             Region IX.
                                                                                             Attachment D
                                                                                             (``Inter-Local
                                                                                             Agreement
                                                                                             Supporting CAA
                                                                                             110(a)(2)(A)-(M)
                                                                                             Requirements'') is
                                                                                             approved into the
                                                                                             SIP and listed
                                                                                             separately in this
                                                                                             table.

[[Page 422]]

 
Revisions to Nevada's Clean Air    State-wide..........      8/30/12  77 FR 64737, 10/23/   Attachment A
 Act Section 110(a)(2) Plan                                            12.                   (``Section 12-
 Submittals as of July 2012                                                                  Resources''), the
 (August 2012), excluding                                                                    individual
 attachments A through D.                                                                    statutory
                                                                                             provisions in
                                                                                             attachment B
                                                                                             (``Statutes for
                                                                                             Inclusion in
                                                                                             Nevada's ASIP''),
                                                                                             and attachment D
                                                                                             (``Section 11--
                                                                                             Intergovernmental
                                                                                             Consultation'') are
                                                                                             listed separately
                                                                                             in this table.
                                                                                             Attachment C was
                                                                                             submitted for
                                                                                             information only
                                                                                             and not for
                                                                                             incorporation into
                                                                                             Nevada's SIP.
Small Business Stationary Source   State-wide..........      6/28/94  61 FR 4901 (2/9/96).  See 40 CFR
 Technical and Environmental                                                                 52.1490(c)(34)(i)(A
 Compliance Assistance Program.                                                              ).
Small Business Stationary Source   State-wide..........       7/5/95  61 FR 4901 (2/9/96).  See 40 CFR
 Technical and Environmental                                                                 52.1490(c)(35)(i)(A
 Compliance Assistance Program.                                                              ).
----------------------------------------------------------------------------------------------------------------
                    Nevada Revised Statutes, Title 0, Preliminary Chapter--General Provisions
----------------------------------------------------------------------------------------------------------------
0.039............................  ``Person'' defined..      3/24/06  71 FR 51766 (08/31/   See 40 CFR
                                                                       06).                  52.1490(c)(59)(i)(A
                                                                                             )(1).
----------------------------------------------------------------------------------------------------------------
  Nevada Revised Statutes, Title 18, State Executive Department, Boards, Chapter 232A, Commissions and Similar
                                                     Bodies
----------------------------------------------------------------------------------------------------------------
232A.020.........................  Residency                 8/30/12  77 FR 64737, 10/23/   Submitted in
                                    requirement for                    12.                   attachment B to
                                    appointment; terms                                       NDEP's August 30,
                                    of members;                                              2012 SIP revision
                                    vacancies;                                               submittal. (Nevada
                                    qualification of                                         Revised Statutes,
                                    member appointed as                                      Volume 14, 2011, as
                                    representative of                                        published by the
                                    general public;                                          Legislative
                                    gubernatorial                                            Counsel, State of
                                    appointee                                                Nevada, section
                                    prohibited from                                          232A.020).
                                    serving on more
                                    than one board,
                                    commission or
                                    similar body.
----------------------------------------------------------------------------------------------------------------
      Nevada Revised Statutes, Title 23, Public Officers and Employees, Chapter 281A, Ethics in Government
----------------------------------------------------------------------------------------------------------------
281A.150.........................  ``Public employee''       8/30/12  77 FR 64737, 10/23/   Submitted in
                                    defined.                           12.                   attachment B to
                                                                                             NDEP's August 30,
                                                                                             2012 SIP revision
                                                                                             submittal. (Nevada
                                                                                             Revised Statutes,
                                                                                             Volume 18, 2011, as
                                                                                             published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             281A.150).
281A.160.........................  ``Public officer''        8/30/12  77 FR 64737, 10/23/   Submitted in
                                    defined.                           12.                   attachment B to
                                                                                             NDEP's August 30,
                                                                                             2012 SIP revision
                                                                                             submittal. (Nevada
                                                                                             Revised Statutes,
                                                                                             Volume 18, 2011, as
                                                                                             published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             481A.160).
281A.400.........................  General                   8/30/12  77 FR 64737, 10/23/   Submitted in
                                    requirements;                      12.                   attachment B to
                                    exceptions.                                              NDEP's August 30,
                                                                                             2012 SIP revision
                                                                                             submittal. (Nevada
                                                                                             Revised Statutes,
                                                                                             Volume 18, 2011, as
                                                                                             published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             281A.400).

[[Page 423]]

 
281A.410.........................  Limitations on            8/30/12  77 FR 64737, 10/23/   Submitted in
                                    representing or                    12.                   attachment B to
                                    counseling private                                       NDEP's August 30,
                                    persons before                                           2012 SIP revision
                                    public agencies;                                         submittal. (Nevada
                                    disclosure required                                      Revised Statutes,
                                    by certain public                                        Volume 18, 2011, as
                                    officers.                                                published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             281A.410).
281A.420.........................  Requirements              8/30/12  77 FR 64737, 10/23/   Submitted in
                                    regarding                          12.                   attachment B to
                                    disclosure of                                            NDEP's August 30,
                                    conflicts of                                             2012 SIP revision
                                    interest and                                             submittal. (Nevada
                                    abstention from                                          Revised Statutes,
                                    voting because of                                        Volume 18, 2011, as
                                    certain types of                                         published by the
                                    conflicts; effect                                        Legislative
                                    of abstention on                                         Counsel, State of
                                    quorum and voting                                        Nevada, section
                                    requirements;                                            281A.420).
                                    exceptions.
----------------------------------------------------------------------------------------------------------------
 Nevada Revised Statutes, Title 32, Revenue and Taxation, Chapter 365, Taxes on Certain Fuels for Motor Vehicles
                                                  and Aircraft
----------------------------------------------------------------------------------------------------------------
365.060..........................  ``Motor vehicle           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    fuel'' defined.                                          Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
----------------------------------------------------------------------------------------------------------------
            Nevada Revised Statutes, Title 32, Revenue and Taxation, Chapter 366, Tax on Special Fuel
----------------------------------------------------------------------------------------------------------------
366.060..........................  ``Special fuel''          5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    defined.                                                 Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
----------------------------------------------------------------------------------------------------------------
    Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 439, Administration of Public Health
----------------------------------------------------------------------------------------------------------------
439.390..........................  District board of         8/30/12  77 FR 64737, 10/23/   Submitted in
                                    health:                            12.                   attachment B, and
                                    Composition;                                             as an exhibit to
                                    qualifications of                                        attachment D, to
                                    members.                                                 NDEP's August 30,
                                                                                             2012 SIP revision
                                                                                             submittal. (Nevada
                                                                                             Revised Statutes,
                                                                                             Volume 27, 2011, as
                                                                                             published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             439.390).
----------------------------------------------------------------------------------------------------------------
         Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: General Provisions
----------------------------------------------------------------------------------------------------------------
445B.105.........................  Definitions.........      1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                                                       06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.110.........................  ``Air contaminant''       1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    defined.                           06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.115.........................  ``Air pollution''         1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    defined.                           06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.120.........................  ``Commission''            1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    defined.                           06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.125.........................  ``Department''            1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    defined.                           06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.130.........................  ``Director'' defined      1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                                                       06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.135.........................  ``Federal Act''           1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    defined.                           06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.140.........................  ``Hazardous air           1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    pollutant'' defined.               06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).

[[Page 424]]

 
445B.145.........................  ``Operating permit''      1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    defined.                           06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.150.........................  ``Person'' defined..      1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                                                       06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.155.........................  ``Source'' and            1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    ``indirect source''                06).                  Statutes (2003).
                                    defined.                                                 See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
----------------------------------------------------------------------------------------------------------------
   Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: State Environmental Commission
----------------------------------------------------------------------------------------------------------------
445B.200.........................  Creation and              1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    composition;                                             Statutes (2003).
                                    chairman; quorum;                                        See 40 CFR
                                    compensation of                                          52.1490(c)(56)(i)(A
                                    members and                                              )(8).
                                    employees;
                                    disqualification;
                                    technical support.
445B.205.........................  Department                1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    designated as State                                      Statutes (2003).
                                    Air Pollution                                            See 40 CFR
                                    Control Agency.                                          52.1490(c)(56)(i)(A
                                                                                             )(8).
445B.210.........................  Powers of commission      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                                                                             Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.220.........................  Additional powers of      1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    commission.                        06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.225.........................  Power of commission       1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    to require testing                 06).                  Statutes (2003).
                                    of sources.                                              See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.230.........................  Powers and duties of      1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    department.                                              Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(8).
445B.235.........................  Additional powers of      1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    department.                        06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.240.........................  Power of                  1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    representatives of                                       Statutes (2003).
                                    department to enter                                      See 40 CFR
                                    and inspect                                              52.1490(c)(56)(i)(A
                                    premises.                                                )(8).
445B.245.........................  Power of department       1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    to perform or                      06).                  Statutes (2003).
                                    require test of                                          See 40 CFR
                                    emissions from                                           52.1490(c)(56)(i)(A
                                    stacks.                                                  )(4).
----------------------------------------------------------------------------------------------------------------
         Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Local Hearing Board
----------------------------------------------------------------------------------------------------------------
445B.275.........................  Creation; members;        1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    terms.                             06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.280.........................  Attendance of             1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    witnesses at                       06).                  Statutes (2003).
                                    hearing; contempt;                                       See 40 CFR
                                    compensation.                                            52.1490(c)(56)(i)(A
                                                                                             )(4).
----------------------------------------------------------------------------------------------------------------
    Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 445B, Air Pollution: Provisions for
                                                   Enforcement
----------------------------------------------------------------------------------------------------------------
445B.300.........................  Operating permit for      1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    source of air                      06).                  Statutes (2003).
                                    contaminant; notice                                      See 40 CFR
                                    and approval of                                          52.1490(c)(56)(i)(A
                                    proposed                                                 )(4).
                                    construction;
                                    administrative
                                    fees; failure of
                                    commission or
                                    department to act.

[[Page 425]]

 
445B.310.........................  Limitations on            6/26/07  74 FR 15219 (4/3/09)  Nevada Revised
                                    enforcement of                                           Statutes (2003).
                                    federal and state                                        See 40 CFR
                                    regulations                                              52.1470(c)(66)(i)(A
                                    concerning indirect                                      )(4).
                                    sources.
445B.320.........................  Approval of plans         1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    and specifications                 06).                  Statutes (2003).
                                    required before                                          See 40 CFR
                                    construction or                                          52.1490(c)(56)(i)(A
                                    alteration of                                            )(4).
                                    structure.
445B.340.........................  Appeals to                1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    commission: notice                                       Statutes (2003).
                                    of appeal.                                               See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(8).
445B.350.........................  Appeals to                1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    commission:                                              Statutes (2003).
                                    hearings.                                                See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(8).
445B.360.........................  Appeals to                1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    commission:                                              Statutes (2003).
                                    appealable matters;                                      See 40 CFR
                                    action by                                                52.1490(c)(56)(i)(A
                                    commission;                                              )(8).
                                    regulations.
----------------------------------------------------------------------------------------------------------------
             Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Violations
----------------------------------------------------------------------------------------------------------------
445B.450.........................  Notice and order by       1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    director; hearing;                                       Statutes (2003).
                                    alternative                                              See 40 CFR
                                    procedures.                                              52.1490(c)(56)(i)(A
                                                                                             )(8).
445B.460.........................  Injunctive relief...      1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                                                                             Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(8).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Program for Control of Air Pollution
----------------------------------------------------------------------------------------------------------------
445B.500.........................  Establishment and         8/30/12  77 FR 64737, 10/23/   Submitted in
                                    administration of                  12.                   attachment B to
                                    program; contents                                        NDEP's August 30,
                                    of program;                                              2012 SIP revision
                                    designation of air                                       submittal. (Nevada
                                    pollution control                                        Revised Statutes,
                                    agency of county                                         Volume 28, 2011, as
                                    for purposes of                                          published by the
                                    federal act; powers                                      Legislative
                                    and duties of local                                      Counsel, State of
                                    air pollution                                            Nevada, section
                                    control board;                                           445B.500).
                                    notice of public
                                    hearings;
                                    delegation of
                                    authority to
                                    determine
                                    violations and levy
                                    administrative
                                    penalties; cities
                                    and smaller
                                    counties;
                                    regulation of
                                    certain electric
                                    plants prohibited.
445B.503.........................  Local air pollution       8/30/12  77 FR 64737, 10/23/   Submitted in
                                    control board in                   12.                   attachment B, and
                                    county whose                                             as an exhibit to
                                    population is                                            attachment D, to
                                    700,000 or more:                                         NDEP's August 30,
                                    Cooperation with                                         2012 SIP revision
                                    regional planning                                        submittal. (Nevada
                                    coalition and                                            Revised Statutes,
                                    regional                                                 Volume 28, 2011, as
                                    transportation                                           published by the
                                    commission;                                              Legislative
                                    prerequisites to                                         Counsel, State of
                                    adoption or                                              Nevada, section
                                    amendment of plan,                                       445B.503).
                                    policy or program.

[[Page 426]]

 
445B.510.........................  Commission may            1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    require program for                06).                  Statutes (2003).
                                    designated area.                                         See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.520.........................  Commission may            1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    establish or                       06).                  Statutes (2003).
                                    supersede county                                         See 40 CFR
                                    program.                                                 52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.530.........................  Commission may            1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    assume jurisdiction                06).                  Statutes (2003).
                                    over specific                                            See 40 CFR
                                    classes of air                                           52.1490(c)(56)(i)(A
                                    contaminants.                                            )(4).
445B.540.........................  Restoration of            1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    superseded local                   06).                  Statutes (2003).
                                    program;                                                 See 40 CFR
                                    continuation of                                          52.1490(c)(56)(i)(A
                                    existing local                                           )(4).
                                    program.
----------------------------------------------------------------------------------------------------------------
      Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Miscellaneous Provisions
----------------------------------------------------------------------------------------------------------------
445B.560.........................  Plan or procedure         1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    for emergency.                     06).                  Statutes (2003).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(4).
445B.570.........................  Confidentiality and       1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    use of information                                       Statutes (2003).
                                    obtained by                                              See 40 CFR
                                    Department; penalty.                                     52.1490(c)(56)(i)(A
                                                                                             )(8).
445B.580.........................  Officer of                1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    Department may                                           Statutes (2003).
                                    inspect or search                                        See 40 CFR
                                    premises; search                                         52.1490(c)(56)(i)(A
                                    warrant.                                                 )(8).
445B.595.........................  Governmental sources      1/12/06  71 FR 51766 (8/31/    Nevada Revised
                                    of air contaminants                06).                  Statutes (2003).
                                    to comply with                                           See 40 CFR
                                    state and local                                          52.1490(c)(56)(i)(A
                                    provisions                                               )(4).
                                    regarding air
                                    pollution; permit
                                    to set fire for
                                    training purposes;
                                    planning and zoning
                                    agencies to
                                    consider effects on
                                    quality of air.
445B.600.........................  Private rights and        1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    remedies not                                             Statutes (2003).
                                    affected.                                                See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(8).
445B.610.........................  Provisions for            1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    transition in                                            Statutes (2003).
                                    administration.                                          See 40 CFR
                                                                                             52.1490(c)(56)(i)(A
                                                                                             )(8).
----------------------------------------------------------------------------------------------------------------
              Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Penalties
----------------------------------------------------------------------------------------------------------------
445B.640.........................  Levy and disposition      1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    of administrative                                        Statutes (2003).
                                    fines; additional                                        See 40 CFR
                                    remedies available;                                      52.1490(c)(56)(i)(A
                                    penalty.                                                 )(8).
----------------------------------------------------------------------------------------------------------------
 Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 445B, Air Pollution: Control of Emissions
                                                  from Engines
----------------------------------------------------------------------------------------------------------------
445B.700.........................  Definitions.........      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                                                                             Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.705.........................  ``Approved                5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    inspector'' defined.                                     Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.710.........................  ``Authorized              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    inspection                                               Statutes (2005).
                                    station'' defined.                                       See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.715.........................  ``Authorized              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    maintenance                                              Statutes (2005).
                                    station'' defined.                                       See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).

[[Page 427]]

 
445B.720.........................  ``Authorized              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    station'' defined.                                       Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.725.........................  ``Commission''            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    defined.                                                 Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.730.........................  ``Evidence of             5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    compliance''                                             Statutes (2005).
                                    defined.                                                 See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.735.........................  ``Fleet station''         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    defined.                                                 Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.737.........................  ``Heavy-duty motor        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    vehicle'' defined.                                       Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.740.........................  ``Light-duty motor        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    vehicle'' defined.                                       Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.745.........................  ``Motor vehicle''         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    defined.                                                 Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.747.........................  ``Motor vehicle           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    fuel'' defined.                                          Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.750.........................  ``Passenger car''         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    defined.                                                 Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.755.........................  ``Pollution control       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    device'' defined.                                        Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.757.........................  ``Special fuel''          5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    defined.                                                 Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.758.........................  ``Used motor              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    vehicle'' defined.                                       Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.759.........................  Inapplicability to        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    military tactical                                        Statutes (2005).
                                    vehicles.                                                See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.760.........................  Authority of              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Commission to                                            Statutes (2005).
                                    prescribe standards                                      See 40 CFR
                                    for emissions from                                       52.1490(c)(71)(i)(A
                                    mobile internal                                          )(1).
                                    combustion engines;
                                    trimobiles;
                                    standards
                                    pertaining to motor
                                    vehicles to be
                                    approved by
                                    Department of Motor
                                    Vehicles.
445B.765.........................  Information               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    concerning program                                       Statutes (2005).
                                    for control of                                           See 40 CFR
                                    emissions from                                           52.1490(c)(71)(i)(A
                                    motor vehicles:                                          )(1).
                                    Collection,
                                    interpretation and
                                    correlation; public
                                    inspection.
445B.770.........................  Regulations of            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Commission: Control                                      Statutes (2005).
                                    of emissions from                                        See 40 CFR
                                    motor vehicles;                                          52.1490(c)(71)(i)(A
                                    program for                                              )(1).
                                    inspection and
                                    testing of motor
                                    vehicles.

[[Page 428]]

 
445B.775.........................  Regulations of            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Commission:                                              Statutes (2005).
                                    Requirements for                                         See 40 CFR
                                    licensing of                                             52.1490(c)(71)(i)(A
                                    stations by                                              )(1).
                                    Department of Motor
                                    Vehicles.
445B.780.........................  Program for               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    regulation of                                            Statutes (2005).
                                    emissions from                                           See 40 CFR
                                    heavy-duty motor                                         52.1490(c)(71)(i)(A
                                    vehicles; equipment                                      )(1).
                                    used to measure
                                    emissions; waiver
                                    from requirements
                                    of program.
445B.785.........................  Regulations of            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Department of Motor                                      Statutes (2005).
                                    Vehicles: Licensing                                      See 40 CFR
                                    of stations;                                             52.1490(c)(71)(i)(A
                                    performance of                                           )(1).
                                    inspection and
                                    issuance of
                                    evidence of
                                    compliance;
                                    diagnostic
                                    equipment; fee,
                                    bond or insurance;
                                    informational
                                    pamphlet;
                                    distribution.
445B.790.........................  Regulations               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    concerning                                               Statutes (2005).
                                    inspection of                                            See 40 CFR
                                    stations; grounds                                        52.1490(c)(71)(i)(A
                                    for denial,                                              )(1).
                                    suspension or
                                    revocation of
                                    license of
                                    inspector or
                                    station.
445B.795.........................  Compulsory program        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    for control of                                           Statutes (2005).
                                    emissions:                                               See 40 CFR
                                    Limitations.                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.798.........................  Authority of              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Department of Motor                                      Statutes (2005).
                                    Vehicles, in larger                                      See 40 CFR
                                    counties, to                                             52.1490(c)(71)(i)(A
                                    conduct test of                                          )(1).
                                    emissions from
                                    motor vehicle being
                                    operated on highway.
445B.800.........................  Evidence of               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    compliance:                                              Statutes (2005).
                                    Requirements for                                         See 40 CFR
                                    registration, sale                                       52.1490(c)(71)(i)(A
                                    or long-term lease                                       )(1).
                                    of used vehicles in
                                    certain counties.
445B.805.........................  Evidence of               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    compliance:                                              Statutes (2005).
                                    Exemptions from                                          See 40 CFR
                                    requirements.                                            52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.810.........................  State Department of       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Conservation and                                         Statutes (2005).
                                    Natural Resources                                        See 40 CFR
                                    to provide                                               52.1490(c)(71)(i)(A
                                    assistance.                                              )(1).
445B.815.........................  Evidence of               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    compliance: Duty of                                      Statutes (2005).
                                    employees and                                            See 40 CFR
                                    agents of                                                52.1490(c)(71)(i)(A
                                    Department of Motor                                      )(1).
                                    Vehicles;
                                    submission by owner
                                    or lessee of fleet.
445B.820.........................  Installation and          5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    inspection of                                            Statutes (2005).
                                    pollution control                                        See 40 CFR
                                    device.                                                  52.1490(c)(71)(i)(A
                                                                                             )(1).

[[Page 429]]

 
445B.825.........................  Exemption of certain      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    classes of motor                                         Statutes (2005).
                                    vehicles; waiver                                         See 40 CFR
                                    from provisions of                                       52.1490(c)(71)(i)(A
                                    NRS 445B.770 to                                          )(1).
                                    445B.815, inclusive.
445B.830.........................  Fees to be paid to        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Department of Motor                                      Statutes (2005).
                                    Vehicles; Pollution                                      See 40 CFR
                                    Control Account;                                         52.1490(c)(71)(i)(A
                                    expenditure of                                           )(1).
                                    money in Account;
                                    quarterly
                                    distributions to
                                    local governments;
                                    annual reports by
                                    local governments;
                                    grants; creation
                                    and duties of
                                    advisory committee;
                                    submission and
                                    approval of
                                    proposed grants.
445B.832.........................  Surcharge for             5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    electronic                                               Statutes (2005).
                                    transmission of                                          See 40 CFR
                                    information:                                             52.1490(c)(71)(i)(A
                                    Authority to                                             )(1).
                                    impose; inclusion
                                    as separate entry
                                    on form certifying
                                    emission control
                                    compliance;
                                    definition.
445B.834.........................  Additional fee for        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    form certifying                                          Statutes (2005).
                                    emission control                                         See 40 CFR
                                    compliance:                                              52.1490(c)(71)(i)(A
                                    Retention of                                             )(1).
                                    portion of fee by
                                    station performing
                                    inspection;
                                    definition.
445B.835.........................  Administrative fine;      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    hearing; additional                                      Statutes (2005).
                                    remedies to compel                                       See 40 CFR
                                    compliance.                                              52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.840.........................  Unlawful acts.......      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                                                                             Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
445B.845.........................  Criminal penalty;         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    enforcement of                                           Statutes (2005).
                                    provisions by peace                                      See 40 CFR
                                    officer; mitigation                                      52.1490(c)(71)(i)(A
                                    of offense.                                              )(1).
----------------------------------------------------------------------------------------------------------------
   Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 481, Administration of Laws
                            Relating to Motor Vehicles: Department of Motor Vehicles
----------------------------------------------------------------------------------------------------------------
481.019..........................  Creation; powers and      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    duties.                                                  Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
481.023..........................  Administration of         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    laws by Department;                                      Statutes (2005).
                                    exceptions.                                              See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
481.027..........................  General functions of      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Department of Motor                                      Statutes (2005).
                                    Vehicles and                                             See 40 CFR
                                    Department of                                            52.1490(c)(71)(i)(A
                                    Transportation                                           )(1).
                                    respecting state
                                    highways.
481.031..........................  Office of Director        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    of Department                                            Statutes (2005).
                                    created.                                                 See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).

[[Page 430]]

 
481.035..........................  Director of               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Department:                                              Statutes (2005).
                                    Appointment;                                             See 40 CFR
                                    classification;                                          52.1490(c)(71)(i)(A
                                    other employment                                         )(1).
                                    prohibited;
                                    employment of
                                    deputies and staff.
481.047..........................  Appointment of            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    personnel.                                               Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
481.0473.........................  Divisions of              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Department.                                              Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
481.0475.........................  Duties of                 5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Administrative                                           Statutes (2005).
                                    Services Division.                                       See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
481.048..........................  Division of               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Compliance                                               Statutes (2005).
                                    Enforcement:                                             See 40 CFR
                                    Appointment and                                          52.1490(c)(71)(i)(A
                                    duties of                                                )(1).
                                    investigators.
481.0481.........................  Section for Control       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    of Emissions From                                        Statutes (2005).
                                    Vehicles and                                             See 40 CFR
                                    Enforcement of                                           52.1490(c)(71)(i)(A
                                    Matters Related to                                       )(1).
                                    Use of Special
                                    Fuel: Creation;
                                    appointment and
                                    duties of
                                    investigators,
                                    officers and
                                    technicians.
481.051..........................  Powers and duties of      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Director: Generally.                                     Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
481.0515.........................  Powers and duties of      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Director:                                                Statutes (2005).
                                    References to names                                      See 40 CFR
                                    of persons in                                            52.1490(c)(71)(i)(A
                                    documents and                                            )(1).
                                    records.
481.052..........................  Powers and duties of      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Director: Adoption                                       Statutes (2005).
                                    of definition of                                         See 40 CFR
                                    `seasonal resident'                                      52.1490(c)(71)(i)(A
                                    by regulation.                                           )(1).
481.0535.........................  Powers and duties of      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Director:                                                Statutes (2005).
                                    Expenditure of                                           See 40 CFR
                                    appropriations to                                        52.1490(c)(71)(i)(A
                                    assist certain                                           )(1).
                                    entities to
                                    purchase and obtain
                                    evidence; receipt
                                    and safekeeping of
                                    money.
481.055..........................  Department to keep        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    main office in                                           Statutes (2005).
                                    Carson City;                                             See 40 CFR
                                    maintenance of                                           52.1490(c)(71)(i)(A
                                    branch offices.                                          )(1).
481.057..........................  Offices of                5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Department:                                              Statutes (2005).
                                    Extended hours of                                        See 40 CFR
                                    operation.                                               52.1490(c)(71)(i)(A
                                                                                             )(1).
481.063..........................  Collection and            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    deposit of fees for                                      Statutes (2005).
                                    publications of                                          See 40 CFR
                                    Department and                                           52.1490(c)(71)(i)(A
                                    private use of                                           )(1).
                                    files and records
                                    of Department;
                                    limitations on
                                    release and use of
                                    files and records;
                                    regulations.

[[Page 431]]

 
481.065..........................  Acceptance of             5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    donations for                                            Statutes (2005).
                                    programs for                                             See 40 CFR
                                    traffic safety.                                          52.1490(c)(71)(i)(A
                                                                                             )(1).
481.079..........................  Money collected to        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    be deposited in                                          Statutes (2005).
                                    Motor Vehicle Fund;                                      See 40 CFR
                                    exception;                                               52.1490(c)(71)(i)(A
                                    dishonored                                               )(1).
                                    payments;
                                    adjustment of
                                    deposits.
481.081..........................  Arrearage in tax,         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    fee or assessment                                        Statutes (2005).
                                    administered by                                          See 40 CFR
                                    Department:                                              52.1490(c)(71)(i)(A
                                    Department                                               )(1).
                                    authorized to file
                                    certificate;
                                    certificate as
                                    lien; extension of
                                    lien.
481.082..........................  Arrearage in tax,         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    fee or assessment                                        Statutes (2005).
                                    administered by                                          See 40 CFR
                                    Department: Release                                      52.1490(c)(71)(i)(A
                                    or subordination of                                      )(1).
                                    lien; certificate
                                    issued by
                                    Department as
                                    conclusive evidence.
481.083..........................  Money for                 5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    administration of                                        Statutes (2005).
                                    chapter; claims.                                         See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
481.087..........................  Administrative            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    expenses deemed                                          Statutes (2005).
                                    cost of                                                  See 40 CFR
                                    administration of                                        52.1490(c)(71)(i)(A
                                    operation of motor                                       )(1).
                                    vehicles on public
                                    highways.
----------------------------------------------------------------------------------------------------------------
     Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
                               Trailers: Licensing, Registration, Sales and Leases
----------------------------------------------------------------------------------------------------------------
482.029..........................  Electric personal         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    assistive mobility                                       Statutes (2005).
                                    device defined.                                          See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
----------------------------------------------------------------------------------------------------------------
     Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
                       Trailers: Licensing, Registration, Sales and Leases--Administration
----------------------------------------------------------------------------------------------------------------
482.155..........................  Enforcement of            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    provisions of                                            Statutes (2005).
                                    chapter by                                               See 40 CFR
                                    Department, its                                          52.1490(c)(71)(i)(A
                                    officers and peace                                       )(1).
                                    officers.
482.160..........................  Administrative            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    regulations; branch                                      Statutes (2005).
                                    offices;                                                 See 40 CFR
                                    appointment of                                           52.1490(c)(71)(i)(A
                                    agents and                                               )(1).
                                    designation of
                                    county assessor as
                                    agent; compensation
                                    of certain agents.
482.162..........................  Department to adopt       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    regulations setting                                      Statutes (2005).
                                    forth criteria for                                       See 40 CFR
                                    determination of                                         52.1490(c)(71)(i)(A
                                    whether person is                                        )(1).
                                    farmer or rancher;
                                    presentation of
                                    evidence to
                                    Department.

[[Page 432]]

 
482.165..........................  Director to provide       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    forms.                                                   Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.170..........................  Records of                5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Department                                               Statutes (2005).
                                    concerning                                               See 40 CFR
                                    registration and                                         52.1490(c)(71)(i)(A
                                    licensing.                                               )(1).
482.171..........................  List of registered        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    owners to be                                             Statutes (2005).
                                    provided for                                             See 40 CFR
                                    selection of jury;                                       52.1490(c)(71)(i)(A
                                    reimbursement of                                         )(1).
                                    Department.
482.173..........................  Schedule for              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    retention and                                            Statutes (2005).
                                    disposition of                                           See 40 CFR
                                    certain records of                                       52.1490(c)(71)(i)(A
                                    Department.                                              )(1).
482.175..........................  Validity of               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    registration:                                            Statutes (2005).
                                    Powers and duties                                        See 40 CFR
                                    of Department and                                        52.1490(c)(71)(i)(A
                                    registered dealers.                                      )(1).
482.180..........................  Motor Vehicle Fund:       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Creation: deposits;                                      Statutes (2005).
                                    interest and                                             See 40 CFR
                                    income; dishonored                                       52.1490(c)(71)(i)(A
                                    payments;                                                )(1).
                                    distribution of
                                    money collected for
                                    basic governmental
                                    services tax;
                                    transfers.
482.1805.........................  Revolving Account         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    for Issuance of                                          Statutes (2005).
                                    Special License                                          See 40 CFR
                                    Plates: Creation;                                        52.1490(c)(71)(i)(A
                                    deposit of certain                                       )(1).
                                    fees; use of money
                                    in Account;
                                    transfer of excess
                                    balance to State
                                    Highway Fund.
482.181..........................  Governmental              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    services taxes:                                          Statutes (2005).
                                    Certification of                                         See 40 CFR
                                    amount collected                                         52.1490(c)(71)(i)(A
                                    each month;                                              )(1).
                                    distribution.
482.183..........................  Motor Vehicle             5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Revolving Account:                                       Statutes (2005).
                                    Creation; use;                                           See 40 CFR
                                    deposits.                                                52.1490(c)(71)(i)(A
                                                                                             )(1).
482.186..........................  Certain odometers         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    deemed to register                                       Statutes (2005).
                                    mileage reflected                                        See 40 CFR
                                    on odometer plus                                         52.1490(c)(71)(i)(A
                                    100,000 miles.                                           )(1).
482.187..........................  Department                5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    authorized to enter                                      Statutes (2005).
                                    into written                                             See 40 CFR
                                    agreements for                                           52.1490(c)(71)(i)(A
                                    periodic payment of                                      )(1).
                                    delinquent taxes or
                                    fees; regulations.
482.188..........................  Waiver of penalty or      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    interest for                                             Statutes (2005).
                                    failure timely to                                        See 40 CFR
                                    file return or pay                                       52.1490(c)(71)(i)(A
                                    tax, penalty or fee                                      )(1).
                                    in certain
                                    circumstances.
----------------------------------------------------------------------------------------------------------------

[[Page 433]]

 
     Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
            Trailers: Licensing, Registration, Sales and Leases--Original and Renewal of Registration
----------------------------------------------------------------------------------------------------------------
482.205..........................  Registration              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    required for                                             Statutes (2005).
                                    certain vehicles.                                        See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.206..........................  Periods of                5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    registration for                                         Statutes (2005).
                                    motor vehicles;                                          See 40 CFR
                                    exceptions.                                              52.1490(c)(71)(i)(A
                                                                                             )(1).
482.208..........................  Registration of           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    leased vehicles by                                       Statutes (2005).
                                    long-term lessor or                                      See 40 CFR
                                    long-term lessee.                                        52.1490(c)(71)(i)(A
                                                                                             )(1).
482.210..........................  Exemptions from           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    registration.                                            Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.215..........................  Application for           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    registration.                                            Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.216..........................  Department may            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    authorize new                                            Statutes (2005).
                                    vehicle dealer to                                        See 40 CFR
                                    accept applications                                      52.1490(c)(71)(i)(A
                                    for registration                                         )(1).
                                    and transfer of
                                    registration of new
                                    motor vehicles and
                                    to issue
                                    certificates of
                                    registration;
                                    duties of dealer;
                                    prohibited acts;
                                    regulations.
482.220..........................  Application for           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    specially                                                Statutes (2005).
                                    constructed,                                             See 40 CFR
                                    reconstructed,                                           52.1490(c)(71)(i)(A
                                    rebuilt or foreign                                       )(1).
                                    vehicle;
                                    certificate of
                                    inspection; charge
                                    for inspection.
482.225..........................  Collection of sales       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    or use tax upon                                          Statutes (2005).
                                    application for                                          See 40 CFR
                                    registration of                                          52.1490(c)(71)(i)(A
                                    certain vehicles                                         )(1).
                                    purchased outside
                                    this State; payment
                                    of all applicable
                                    taxes and fees
                                    required for
                                    registration;
                                    refund of tax
                                    erroneously or
                                    illegally collected.
482.230..........................  Grounds requiring         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    refusal of                                               Statutes (2005).
                                    registration.                                            See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.235..........................  Registration indexes      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    and records;                                             Statutes (2005).
                                    assignment of                                            See 40 CFR
                                    registration number                                      52.1490(c)(71)(i)(A
                                    by registered                                            )(1).
                                    dealer.
482.240..........................  Issuance of               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    certificates of                                          Statutes (2005).
                                    registration and                                         See 40 CFR
                                    title by Department                                      52.1490(c)(71)(i)(A
                                    or registered                                            )(1).
                                    dealer; period of
                                    validity of
                                    certificate.
482.245..........................  Contents of               5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    certificates of                                          Statutes (2005).
                                    registration and                                         See 40 CFR
                                    title.                                                   52.1490(c)(71)(i)(A
                                                                                             )(1).

[[Page 434]]

 
482.255..........................  Placement of              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    certificate of                                           Statutes (2005).
                                    registration;                                            See 40 CFR
                                    surrender upon                                           52.1490(c)(71)(i)(A
                                    demand of peace                                          )(1).
                                    officer, justice of
                                    the peace or deputy
                                    of Department;
                                    limitation on
                                    conviction.
482.260..........................  Duties of Department      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    of Motor Vehicles                                        Statutes (2005).
                                    and its agents                                           See 40 CFR
                                    relative to                                              52.1490(c)(71)(i)(A
                                    registration of                                          )(1).
                                    vehicle; issuance
                                    of certificate of
                                    title; fees and
                                    taxes.
482.265..........................  License plates            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    issued upon                                              Statutes (2005).
                                    registration;                                            See 40 CFR
                                    stickers, tabs or                                        52.1490(c)(71)(i)(A
                                    other devices                                            )(1).
                                    issued upon renewal
                                    of registration;
                                    return of plates;
                                    fee for and
                                    limitations on
                                    issuance of special
                                    license plates.
482.266..........................  Manufacture of            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    license plates                                           Statutes (2005).
                                    substantially                                            See 40 CFR
                                    similar to license                                       52.1490(c)(71)(i)(A
                                    plates issued                                            )(1).
                                    before January 1,
                                    1982: Written
                                    request; fee;
                                    delivery; duties of
                                    Department;
                                    retention of old
                                    plates authorized
                                    if requested plates
                                    contain same
                                    letters and numbers.
482.267..........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Production at                                            Statutes (2005).
                                    facility of                                              See 40 CFR
                                    Department of                                            52.1490(c)(71)(i)(A
                                    Corrections.                                             )(1).
482.268..........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Additional fee for                                       Statutes (2005).
                                    issuance; deposit                                        See 40 CFR
                                    of fee.                                                  52.1490(c)(71)(i)(A
                                                                                             )(1).
482.270..........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    General                                                  Statutes (2005).
                                    specifications;                                          See 40 CFR
                                    redesign;                                                52.1490(c)(71)(i)(A
                                    configuration of                                         )(1).
                                    special license
                                    plates designed,
                                    prepared and issued
                                    pursuant to process
                                    of direct
                                    application and
                                    petition.
482.2703.........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Samples; form; fee;                                      Statutes (2005).
                                    penalty.                                                 See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.2705.........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Passenger cars and                                       Statutes (2005).
                                    trucks.                                                  See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.271..........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Decals; fees.                                            Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).

[[Page 435]]

 
482.2715.........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Registrant entitled                                      Statutes (2005).
                                    to maintain code if                                      See 40 CFR
                                    continuously                                             52.1490(c)(71)(i)(A
                                    renewed;                                                 )(1).
                                    exceptions;
                                    issuance of
                                    replacement plates
                                    with same code
                                    after expiration of
                                    registration; fee.
482.2717.........................  License plates to be      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    issued to                                                Statutes (2005).
                                    automobile wreckers                                      See 40 CFR
                                    and operators of                                         52.1490(c)(71)(i)(A
                                    salvage pools.                                           )(1).
482.272..........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Motorcycles.                                             Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.274..........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Trailers.                                                Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.275..........................  License plates:           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Display.                                                 Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.280..........................  Expiration and            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    renewal of                                               Statutes (2005).
                                    registration.                                            See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
482.2805.........................  Department not to         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    renew registration                                       Statutes (2005).
                                    if local authority                                       See 40 CFR
                                    has filed notice of                                      52.1490(c)(71)(i)(A
                                    nonpayment pursuant                                      )(1).
                                    to NRS 484.444; fee
                                    for service
                                    performed by
                                    Department.
482.2807.........................  Requirements for          5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    registration if                                          Statutes (2005).
                                    local government                                         See 40 CFR
                                    has filed notice of                                      52.1490(c)(71)(i)(A
                                    nonpayment pursuant                                      )(1).
                                    to NRS 484.444.
482.281..........................  Authority of              5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Department of Motor                                      Statutes (2005).
                                    Vehicles to allow                                        See 40 CFR
                                    authorized                                               52.1490(c)(71)(i)(A
                                    inspection station                                       )(1).
                                    or authorized
                                    station to renew
                                    certificates of
                                    registration;
                                    adoption of
                                    regulations.
482.283..........................  Change of name or         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    place of residence:                                      Statutes (2005).
                                    Notice to                                                See 40 CFR
                                    Department                                               52.1490(c)(71)(i)(A
                                    required; timing                                         )(1).
                                    and contents of
                                    notice.
482.285..........................  Certificates, decals      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    and number plates:                                       Statutes (2005).
                                    Illegibility, loss,                                      See 40 CFR
                                    mutilation or                                            52.1490(c)(71)(i)(A
                                    theft; obtaining of                                      )(1).
                                    duplicates or
                                    substitutes; fees
                                    and taxes.

[[Page 436]]

 
482.290..........................  Assignment and            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    recording of new                                         Statutes (2005).
                                    number for                                               See 40 CFR
                                    identification of                                        52.1490(c)(71)(i)(A
                                    vehicle if old                                           )(1).
                                    number destroyed or
                                    obliterated; fee;
                                    penalty for willful
                                    defacement,
                                    alteration,
                                    substitution or
                                    removal of number
                                    with intent to
                                    defraud.
----------------------------------------------------------------------------------------------------------------
     Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
          Trailers: Licensing, Registration, Sales and Leases--Permits for Unregistered Motor Vehicles
----------------------------------------------------------------------------------------------------------------
482.385..........................  Registration of           5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    vehicle of                                               Statutes (2005).
                                    nonresident owner                                        See 40 CFR
                                    not required;                                            52.1490(c)(71)(i)(A
                                    exceptions;                                              )(1).
                                    registration of
                                    vehicle by person
                                    upon becoming
                                    resident of this
                                    State; penalty;
                                    taxes and fees;
                                    surrender or
                                    nonresident license
                                    plates and
                                    registration
                                    certificate;
                                    citation for
                                    violation.
----------------------------------------------------------------------------------------------------------------
     Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
                Trailers: Licensing, Registration, Sales and Leases--Cancellation of Registration
----------------------------------------------------------------------------------------------------------------
482.461..........................  Failure of mandatory      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    test of emissions                                        Statutes (2005).
                                    from engines;                                            See 40 CFR
                                    notification; cost                                       52.1490(c)(71)(i)(A
                                    of inspection.                                           )(1).
----------------------------------------------------------------------------------------------------------------
     Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
                         Trailers: Licensing, Registration, Sales and Leases--Penalties
----------------------------------------------------------------------------------------------------------------
482.565..........................  Administrative fines      5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    for violations                                           Statutes (2005).
                                    other than                                               See 40 CFR
                                    deceptive trade                                          52.1490(c)(71)(i)(A
                                    practices;                                               )(1).
                                    injunction or other
                                    appropriate remedy;
                                    enforcement
                                    proceedings.
----------------------------------------------------------------------------------------------------------------
 Nevada Revised Statutes (2005), Title 43, Public Safety; Vehicles; Watercraft; Chapter 484, Traffic Laws--Other
                                                    Equipment
----------------------------------------------------------------------------------------------------------------
484.101..........................  Passenger car             5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    defined.                                                 Statutes (2005).
                                                                                             See 40 CFR
                                                                                             52.1490(c)(71)(i)(A
                                                                                             )(1).
484.644..........................  Device for control        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    of pollution: Use                                        Statutes (2005).
                                    required;                                                See 40 CFR
                                    disconnection or                                         52.1490(c)(71)(i)(A
                                    alteration                                               )(1).
                                    prohibited;
                                    exceptions.
484.6441.........................  Device for control        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    of pollution:                                            Statutes (2005).
                                    Penalty; proof of                                        See 40 CFR
                                    conformity may be                                        52.1490(c)(71)(i)(A
                                    required.                                                )(1).

[[Page 437]]

 
Nevada Regional Haze State         State-wide..........     11/18/09  77 FR 50936.........  Excluding Appendix A
 Implementation Plan (October                                                                (``Nevada BART
 2009), excluding the BART                                                                   Regulation''). The
 determination for NOX at Reid                                                               Nevada BART
 Gardner Generating Station in                                                               regulation,
 sections 5.5.3, 5.6.3 and 7.2,                                                              including NAC
 which EPA has disapproved.                                                                  445B.029,
                                                                                             445B.22095, and
                                                                                             445B.22096, is
                                                                                             listed above in 40
                                                                                             CFR 52.1470(c).
----------------------------------------------------------------------------------------------------------------
\*\ Not applicable.
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
  1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
  are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
  Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
  regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
  52.1470(c).


[77 FR 14864, Mar. 13, 2012, as amended at 77 FR 17340, Mar. 26, 2012; 
77 FR 50951, Aug. 23, 2012; 77 FR 59327, Sept. 27, 2012; 77 FR 60916, 
Oct. 5, 2012; 77 FR 64049, Oct. 18, 2012; 77 FR 64745, Oct. 23, 2012; 78 
FR 1152, Jan. 8, 2013]



Sec. 52.1471  Classification of regions.

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

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


[45 FR 7545, Feb. 4, 1980]



Sec. 52.1472  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Nevada's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph.
    (1) Mason Valley/Fernley Area for TSP.
    (2) Lower Reese River Valley/Clovers Area for TSP.
    (3) Carson Desert for TSP.
    (4) Winnemucca Segment for TSP.
    (5) Truckee Meadows for TSP and CO.
    (6) Las Vegas Valley for TSP and CO.
    (7) Lake Tahoe Basin for CO.
    (c) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in the 1977, for the nonattainment areas listed in this 
paragraph. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the State Implementation Plan (SIP) 
depends on the adoption and submittal by January 1, 1981 of reasonably 
available control technology (RACT) requirements for sources covered by 
Control Technique Guidelines (CTG's) published between January 1978 and 
January 1979.
    (1) Truckee Meadows for O3.
    (2) Las Vegas Valley for O3.
    (d) 1997 8-hour ozone NAAQS: The SIPs submitted on February 1, 2008 
and August 30, 2012 are partially disapproved for Clean Air Act (CAA) 
elements 110(a)(2)(C), (D)(ii), (J) and (K)

[[Page 438]]

for the Nevada Division of Environmental Quality (NDEP) and Washoe 
County portions of the Nevada SIP; and for CAA element 110(a)(2)(F) for 
the Clark County portion of the Nevada SIP.
    (e) 1997 P2.5 NAAQS: The SIPs submitted on February 26, 2008 and 
August 30, 2012 are partially disapproved for CAA elements 110(a)(2)(C), 
(D)(ii), (J) and (K) for the NDEP and Washoe County portions of the 
Nevada SIP; and for CAA element 110(a)(2)(F) for the Clark County 
portion of the Nevada SIP.
    (f) 2006 PM2.5 NAAQS: The SIPs submitted on September 15, 2009, 
December 4, 2009, and August 30, 2012 are partially disapproved for CAA 
elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other 
state to prevent significant deterioration of air quality), (D)(ii), (J) 
and (K) for the NDEP and Washoe County portions of the Nevada SIP; for 
CAA element 110(a)(2)(D)(i)(I) for the NDEP, Washoe County, and Clark 
County portions of the Nevada SIP; and for CAA element 110(a)(2)(F) for 
the Clark County portion of the Nevada SIP.

[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 27069, June 23, 1982; 
77 FR 64748, Oct. 23, 2012]



Sec. 52.1473  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
in Washoe County, since the plan does not provide procedures for making 
emission data, as correlated with allowable emissions, available to the 
public. In addition, Chapter 020.065 of the ``Air Pollution Control 
Regulations'' of the District Board of Health of Washoe County in the 
Northwest Nevada Intrastate Region is disapproved since it contains 
provisions which restrict the public availability of emission data as 
correlated with applicable emission limitations and other control 
measures.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1-June 30 and July 1-December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[37 FR 10878, May 31, 1972, as amended at 37 FR 15086, July 27, 1972; 38 
FR 12708, May 14, 1973; 40 FR 55331, Nov. 28, 1975; 43 FR 1342, Jan. 24, 
1978; 51 FR 40676, Nov. 7, 1986]

[[Page 439]]



Sec. 52.1474  Part D conditional approval.

    (a) The following portions of the Nevada SIP contain deficiencies 
with respect to Part D of the Clean Air Act which must be corrected 
within the time limit indicated.
    (1)-(4) [Reserved]

[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 15792, Apr. 13, 1982; 
47 FR 27069, June 23, 1982; 49 FR 6900, Feb. 24, 1984]



Sec. 52.1475  Control strategy and regulations: Sulfur oxides.

    (a) The requirements of subpart G of this chapter are not met since 
the plan does not adequately provide for attainment and maintenance of 
the National Ambient Air Quality Standards for sulfur oxides in the 
Nevada Intrastate Region.
    (b) Article 8.1.3 of Nevada's ``Air Quality Regulations'' (emission 
limitation for sulfur from existing copper smelters), which is part of 
the sulfur oxides control strategy, is disapproved since it does not 
provide the degree of control needed to attain and maintain the National 
Ambient Air Quality Standards for sulfur oxides in the Nevada Intrastate 
Region.

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



Sec. 52.1476  Control strategy: Particulate matter.

    (a) The requirements of subpart G of this chapter are not met since 
the plan does not provide for the attainment and maintenance of the 
national standards for particulate matter in the Northwest Nevada and 
Nevada Intrastate Regions.
    (b) The following rule and portions of the control strategy are 
disapproved since they do not provide the degree of control needed to 
attain and maintain the National Ambient Air Quality Standards for 
particulate matter.
    (1) NAQR Article 7.2.7, Particulate Matter; Table 4.2, Emissions 
Inventory Summary for Particulates and Table 5.2, Summary of Control 
Strategy Analysis for Particulates, from the Nevada Control Strategy, 
submitted on October 7, 1976.
    (c) The following rules are disapproved because they relax the 
emission limitation on particulate matter.
    (1) Clark County District Board of Health, Table 27.1, (Particulate 
Matter from Process Matter), submitted on July 24, 1979.
    (2) Nevada Air Quality Regulations, Article 4, Rule 4.34, (Visible 
Emission from Stationary Sources), submitted on December 29, 1978, and 
Rule 4.3.6, (Visible Emission from Stationary Sources), submitted on 
June 24, 1980.

[37 FR 10877, May 31, 1972, as amended at 45 FR 8011, Feb. 6, 1980; 46 
FR 43142, Aug. 27, 1981; 51 FR 40676, Nov. 7, 1986]



Sec. 52.1477  Nevada air pollution emergency plan.

    Section 6.1.5 of the Emergency Episode Plan submitted on December 
29, 1978 is disapproved since termination of the episode is left to the 
discretion of the Control Officer and not specified criteria and it does 
not meet the requirements of 40 CFR 51.16 and Appendix L. The old rule 
6.1.5 submitted on January 28, 1972 is retained.

[45 FR 46385, July 10, 1980]



Sec. 52.1478  Extensions.

    The Administrator, by the authority delegated under section 
186(a)(4) of the Clean Air Act as amended in 1990, hereby extends for 
one year, until December 31, 1996, the attainment date for the Clark 
County (Las Vegas Valley), Nevada carbon monoxide nonattainment area.

[61 FR 57333, Nov. 6, 1996]



Sec. 52.1479  Source surveillance.

    (a) The requirements of Sec. 51.211 of this chapter are not met, 
except in Clark County, since the plan does not provide adequate legally 
enforceable procedures for requiring owners or operators of stationary 
sources to maintain records of, and periodically report, information on 
the nature and amount of emissions.
    (b) The requirements of Sec. 51.214 of this chapter are not met 
since the plan does not provide adequate legally enforceable procedures 
to require stationary sources subject to emission standards to submit 
information relating to

[[Page 440]]

emissions and operation of the emission monitors to the State as 
specified in Appendix P of part 51.

[37 FR 10878, May 31, 1972, as amended at 38 FR 12709, May 14, 1973; 40 
FR 55331, Nov. 28, 1975; 43 FR 36933, Aug. 21, 1978; 51 FR 40677, Nov. 
7, 1986]



Sec. Sec. 52.1480-52.1481  [Reserved]



Sec. 52.1482  Compliance schedules.

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

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


[39 FR 14209, Apr. 22, 1974, as amended at 40 FR 3995, Jan. 27, 1975; 51 
FR 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989]



Sec. 52.1483  Malfunction regulations.

    (a) The following regulations are disapproved because they would 
permit the exemption of sources from applicable emission limitations 
under certain situations and therefore they do not satisfy the 
enforcement imperatives of section 110 of the Clean Air Act.
    (1) Clark County District Board of Health
    (i) Previously approved on May 14, 1973 and deleted without 
replacement on August 27, 1981: Section 12 (Upset, Breakdown, or 
Scheduled Maintenance).
    (ii) Section 25, Rule 25.1, submitted by the Governor on July 24, 
1979.
    (iii) Section 25, Rules 25.1-25.1.4, submitted by the Governor on 
November 17, 1981.

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



Sec. 52.1484  [Reserved]



Sec. 52.1485  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan, except as it applies to the Clark 
County Health District, does not include approvable procedures for 
preventing the significant deterioration of air quality.
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
incorporated and made a part of the applicable State plan for the State 
of Nevada except for that portion applicable to the Clark County Health 
District.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the jurisdiction of the State of 
Nevada shall be submitted to the Director, Department of Conservation 
and Natural Resources, 201 South Fall Street, Carson City, Nevada 
instead of the EPA Region 9 Office.

[47 FR 26621, June 21, 1982, as amended at 48 FR 28271, June 21, 1983; 
68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]



Sec. 52.1486  Control strategy: Hydrocarbons and ozone.

    (a) The requirements of subpart G of this chapter are not met since 
the plan does not provide for the attainment and maintenance of the 
national standard for ozone in the Las Vegas Intrastate Region (Sec. 
81.80 of this chapter).

[45 FR 67347, Oct. 10, 1980, as amended at 51 FR 40676, Nov. 7, 1986]

[[Page 441]]



Sec. 52.1487  Public hearings.

    (a) The requirements of Sec. 51.102 (a) and (e) of this chapter are 
not met since NAQR, Article 2.11.4.2 allows variances (compliance 
schedules), to be renewed without a public hearing, thus allowing 
further postponement of the final compliance date for sources whose 
emissions contribute to violations of the national standards. Therefore, 
NAQR, Article 2.11.4.2 is disapproved.

[43 FR 1343, Jan. 24, 1978, as amended at 51 FR 40675, Nov. 7, 1986]



Sec. 52.1488  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Sec. 52.26 are hereby incorporated and made a part of the 
applicable plan for the State of Nevada. The provisions of Sec. 52.28 
are hereby incorporated and made a part of the applicable plan for the 
State of Nevada except for that portion applicable to the Clark County 
Department of Air Quality and Environmental Management.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Nevada.
    (d) This paragraph (d) is applicable to the Mohave Generating 
Station located in the Las Vegas Intrastate Air Quality Control Region 
(Sec. 81.80 of this chapter).
    (1) Definitions.
    Administrator means the Administrator of EPA or her/his designee.
    Boiler-operating-day shall mean any calendar day in which coal is 
combusted in the boiler of a unit for more than 12 hours. If coal is 
combusted for more than 12 but less than 24 hours during a calendar day, 
the calculation of that day's sulfur dioxide (SO2) emissions 
for the unit shall be based solely upon the average of hourly Continuous 
Emission Monitor System data collected during hours in which coal was 
combusted in the unit, and shall not include any time in which coal was 
not combusted.
    Coal-fired shall mean the combustion of any coal in the boiler of 
any unit. If the Mohave Generating Station is converted to combust a 
fuel other than coal, such as natural gas, it shall not emit pollutants 
in greater amounts than that allowed by paragraph (d) of this section.
    Current owners shall mean the owners of the Mohave Generating 
Station on December 15, 1999.
    Owner or operator means the owner(s) or operator(s) of the Mohave 
Generating Station to which paragraph (d) of this section is applicable.
    Rolling average shall mean an average over the specified period of 
boiler-operating-days, such that, at the end of the first specified 
period, a new daily average is generated each successive boiler-
operating-day for each unit.
    (2) Emission controls and limitations. The owner or operator shall 
install the following emission control equipment, and shall achieve the 
following air pollution emission limitations for each coal-fired unit at 
the Mohave Generating Station, in accordance with the deadlines set 
forth in paragraphs (d) (3) and (4) of this section.
    (i) The owner or operator shall install and operate lime spray dryer 
technology on Unit 1 and Unit 2 at the Mohave Generating Station. The 
owner or operator shall design and construct such lime spray dryer 
technology to comply with the SO2 emission limitations, 
including the percentage reduction and pounds per million BTU in the 
following requirements:
    (A) SO2 emissions shall be reduced at least 85% on a 90-
boiler-operating-day rolling average basis. This reduction efficiency 
shall be calculated by comparing the total pounds of SO2 
measured at the outlet flue gas stream after the baghouse to the total 
pounds of SO2 measured at the inlet flue gas stream to the 
lime spray dryer during the previous 90 boiler-operating-days.
    (B) SO2 emissions shall not exceed .150 pounds per 
million BTU heat input on a 365-boiler-operating-day rolling average 
basis. This average shall be calculated by dividing the total pounds of 
SO2 measured at the outlet flue gas stream after the baghouse 
by the total heat input for the previous 365 boiler-operating-days.

[[Page 442]]

    (C) Compliance with the SO2 percentage reduction emission 
limitation above shall be determined using continuous SO2 
monitor data taken from the inlet flue gas stream to the lime spray 
dryer compared to continuous SO2 monitor data taken from the 
outlet flue gas stream after the baghouse for each unit separately. 
Compliance with the pounds per million BTU limit shall be determined 
using continuous SO2 monitor data taken from the outlet flue 
gas stream after each baghouse. The continuous SO2 monitoring 
system shall comply with all applicable law (e.g., 40 CFR Part 75, or 
such other provisions as may be enacted). The inlet SO2 
monitor shall also comply with the quality assurance-quality control 
procedures in 40 CFR part 75, appendix B.
    (D) For purposes of calculating rolling averages, the first boiler-
operating-day of a rolling average period for a unit shall be the first 
boiler-operating-day that occurs on or after the specified compliance 
date for that unit. Once the unit has operated the necessary number of 
days to generate an initial 90 or 365 day average, consistent with the 
applicable limit, each additional day the unit operates a new 90 or 365 
day (``rolling'') average is generated. Thus, after the first 90 boiler-
operating-days from the compliance date, the owner or operator must be 
in compliance with the 85 percent sulfur removal limit based on a 90-
boiler-operating-day rolling average each subsequent boiler-operating-
day. Likewise, after the first 365 boiler-operating-days from the 
compliance date, the owner or operator must be in compliance with the 
.150 sulfur limit based on a 365-boiler-operating-day rolling average 
each subsequent boiler-operating-day.
    (E) Nothing in this paragraph (d) shall prohibit the owner or 
operator from substituting equivalent or superior control technology, 
provided such technology meets applicable emission limitations and 
schedules, upon approval by the Administrator.
    (ii) The owner or operator shall install and operate fabric filter 
dust collectors (also known as FFDCs or baghouses), without a by-pass, 
on Unit 1 and Unit 2 at the Mohave Generating Station. The owner or 
operator shall design and construct such FFDC technology (together with 
or without the existing electrostatic precipitators) to comply with the 
following emission limitations:
    (A) The opacity of emissions shall be no more than 20.0 percent, as 
averaged over each separate 6-minute period within an hour, beginning 
each hour on the hour, measured at the stack.
    (B) In the event emissions from the Mohave Generating Station exceed 
the opacity limitation set forth in paragraph (d) of this section, the 
owner or operator shall not be considered in violation of this paragraph 
if they submit to the Administrator a written demonstration within 15 
days of the event that shows the excess emissions were caused by a 
malfunction (a sudden and unavoidable breakdown of process or control 
equipment), and also shows in writing within 15 days of the event or 
immediately after correcting the malfunction if such correction takes 
longer than 15 days:
    (1) To the maximum extent practicable, the air pollution control 
equipment, process equipment, or processes were maintained and operated 
in a manner consistent with good practices for minimizing emissions;
    (2) Repairs were made in an expeditious fashion when the operator 
knew or should have known that applicable emission limitations would be 
exceeded or were being exceeded. Individuals working off-shift or 
overtime were utilized, to the maximum extent practicable, to ensure 
that such repairs were made as expeditiously as possible;
    (3) The amount and duration of excess emissions were minimized to 
the maximum extent practicable during periods of such emissions;
    (4) All reasonable steps were taken to minimize the impact of the 
excess emissions on ambient air quality; and
    (5) The excess emissions are not part of a recurring pattern 
indicative of inadequate design, operation, or maintenance.
    (C) Notwithstanding the foregoing, the owner or operator shall be 
excused from meeting the opacity limitation during cold startup (defined 
as the startup of any unit and associated FFDC system after a period of 
greater than 48 hours of complete shutdown of

[[Page 443]]

that unit and associated FFDC system) if they demonstrate that the 
failure to meet such limit was due to the breakage of one or more bags 
caused by condensed moisture.
    (D) Compliance with the opacity emission limitation shall be 
determined using a continuous opacity monitor installed, calibrated, 
maintained and operated consistent with applicable law (e.g., 40 CFR 
Part 60, or such other provisions as may be enacted).
    (iii) The owner or operator shall install and operate low-
NOX burners and overfire air on Unit 1 and Unit 2 at the 
Mohave Generating Station.
    (3) Emission control construction deadlines. The owner or operator 
shall meet the following deadlines for design and construction of the 
emission control equipment required by paragraph (d)(2) of this section. 
These deadlines and the design and construction deadlines set forth in 
paragraph (d)(4)(iii) of this section are not applicable if the emission 
limitation compliance deadlines of paragraph (d)(4) of this section are 
nonetheless met; or coal-fired units at the Mohave Generating Station 
are not in operation after December 31, 2005; or coal-fired units at the 
Mohave Generating Station are not in operation after December 31, 2005 
and thereafter recommence operation in accordance with the emission 
controls and limitations obligations of paragraph (d)(2) of this 
section.
    (i) Issue a binding contract to design the SO2, opacity 
and NOX control systems for Unit 1 and Unit 2 by March 1, 
2003.
    (ii) Issue a binding contract to procure the SO2, opacity 
and NOX control systems for Unit 1 and Unit 2 by September 1, 
2003.
    (iii) Commence physical, on-site construction of SO2 and 
opacity equipment for Unit 1 and Unit 2 by April 1, 2004.
    (iv) Complete construction of SO2, opacity and 
NOX control equipment and complete tie in for first unit by 
July 1, 2005.
    (v) Complete construction of SO2, opacity and 
NOX control equipment and complete tie in for second unit by 
December 31, 2005.
    (4) Emission limitation compliance deadlines. (i) The owner's or 
operator's obligation to meet the SO2 and opacity emission 
limitations and NOX control obligations set forth in 
paragraph (d)(2) of this section shall commence on the dates listed 
below, unless subject to a force majeure event as provided for in 
paragraph (d)(7) of this section:
    (A) For one unit, January 1, 2006; and
    (B) For the other unit, April 1, 2006.
    (ii) The unit that is to meet the emission limitations by April 1, 
2006 may only be operated after December 31, 2005 if the control 
equipment set forth in paragraph (d)(2) of this section has been 
installed on that unit and the equipment is in operation. However, the 
control equipment may be taken out of service for one or more periods of 
time between December 31, 2005 and April 1, 2006 as necessary to assure 
its proper operation or compliance with the final emission limits.
    (iii) If the current owners' entire (i.e., 100%) ownership interest 
in the Mohave Generating Station is sold either contemporaneously, or 
separately to the same person or entity or group of persons or entities 
acting in concert, and the closing date or dates of such sale occurs on 
or before December 30, 2002, then the emission limitations set forth in 
paragraph (d)(2) of this section shall become effective for one unit 
three years from the date of the last closing, and for the other unit 
three years and three months from the date of the last closing. With 
respect to interim construction deadlines, the owner or operator shall 
issue a binding contract to design the SO2, opacity and 
NOX control systems within six months of the last closing, 
issue a binding contract to procure such systems within 12 months of 
such closing, commence physical, on-site construction of SO2 
and opacity control equipment within 19 months of such closing, and 
complete installation and tie-in of such control systems for the first 
unit within 36 months of the last closing and for the second unit within 
39 months of the last closing.
    (5) Interim emission limits. (i) For the period of time between the 
date of the consent decree (December 15, 1999) and the date on which 
each unit must commence compliance with the final emission limitations 
set forth in paragraph (d)(2) of this section (``interim period''), the 
following SO2 and opacity emission limits shall apply:

[[Page 444]]

    (i) SO2: SO2 emissions shall not exceed 1.0 
pounds per million BTU of heat input calculated on a 90-boiler-
operating-day rolling average basis for each unit;
    (ii) Opacity: The opacity of emissions shall be no more than 30 
percent, as averaged over each separate 6-minute period within an hour, 
beginning each hour on the hour, measured at the stack, with no more 
than 375 exceedances of 30 percent allowed per calendar quarter 
(including any pro rated portion thereof), regardless of reason. If the 
total number of excess opacity readings from the date of the consent 
decree (December 15, 1999) to the time the owner or operator 
demonstrates compliance with the final opacity limit in paragraph (d)(2) 
of this section, divided by the total number of quarters in the interim 
period (with a partial quarter included as a fraction), is equal to or 
less than 375, the owner or operator shall be in compliance with this 
interim limit.
    (6) Reporting. (i) Commencing on January 1, 2001, and continuing on 
a bi-annual basis through April 1, 2006, or such earlier time as the 
owner or operator demonstrates compliance with the final emission limits 
set forth in paragraph (d)(2) of this section, the owner or operator 
shall provide to the Administrator a report that describes all 
significant events in the preceding six month period that may or will 
impact the installation and operation of pollution control equipment 
described in this paragraph, including the status of a full or partial 
sale of the Mohave Generating Station based upon non-confidential 
information. The owner's or operator's bi-annual reports shall also set 
forth for the immediately preceding two quarters: all opacity readings 
in excess of 30 percent, and all SO2 90-boiler-operating-day 
rolling averages in BTUs for each unit for the preceding two quarters.
    (ii) Within 30 days after the end of the first calendar quarter for 
which the emission limitations in paragraph (d)(2) of this section first 
take effect, but in no event later than April 30, 2006, the owner or 
operator shall provide to the Administrator on a quarterly basis the 
following information:
    (A) The percent SO2 emission reduction achieved at each 
unit during each 90-boiler-operating-day rolling average for each 
boiler-operating-day in the prior quarter. This report shall also 
include a list of the days and hours excluded for any reason from the 
determination of the owner's or operator's compliance with the 
SO2 removal requirement.
    (B) All opacity readings in excess of 20.0 percent, and a statement 
of the cause of each excess opacity reading and any documentation with 
respect to any claimed malfunction or bag breakage.
    (C) Each unit's 365-boiler-operating-day rolling average for each 
boiler-operating-day in the prior quarter following the first full 365 
boiler-operating-days after the .150 pound SO2 limit in 
paragraph (d)(2) of this section takes effect.
    (7) Force majeure provisions. (i) For the purpose of this paragraph 
(d), a ``force majeure event'' is defined as any event arising from 
causes wholly beyond the control of the owner or operator or any entity 
controlled by the owner or operator (including, without limitation, the 
owner's or operator's contractors and subcontractors, and any entity in 
active participation or concert with the owner or operator with respect 
to the obligations to be undertaken by the owner or operator pursuant to 
paragraph (d)), that delays or prevents or can reasonably be anticipated 
to delay or prevent compliance with the deadlines in paragraphs (d)(3) 
and (4) of this section, despite the owner's or operator's best efforts 
to meet such deadlines. The requirement that the owner or operator 
exercise ``best efforts'' to meet the deadline includes using best 
efforts to avoid any force majeure event before it occurs, and to use 
best efforts to mitigate the effects of any force majeure event as it is 
occurring, and after it has occurred, such that any delay is minimized 
to the greatest extent possible.
    (ii) Without limitation, unanticipated or increased costs or changed 
financial circumstances shall not constitute a force majeure event. The 
absence of any administrative, regulatory, or legislative approval shall 
not

[[Page 445]]

constitute a force majeure event, unless the owner or operator 
demonstrates that, as appropriate to the approval: they made timely and 
complete applications for such approval(s) to meet the deadlines set 
forth in paragraph (d)(3) of this section or paragraph (d)(4) of this 
section; they complied with all requirements to obtain such approval(s); 
they diligently sought such approval; they diligently and timely 
responded to all requests for additional information; and without such 
approval, the owner or operator will be required to act in violation of 
law to meet one or more of the deadlines in paragraph (d)(3) of this 
section or paragraph (d)(4) of this section.
    (iii) If any event occurs which causes or may cause a delay by the 
owner or operator in meeting any deadline in paragraphs (d) (3) or (4) 
of this section and the owner or operator seeks to assert the event is a 
force majeure event, the owner or operator shall notify the 
Administrator in writing within 30 days of the time the owner or 
operator first knew that the event is likely to cause a delay (but in no 
event later than the deadline itself). The owner or operator shall be 
deemed to have notice of any circumstance of which their contractors or 
subcontractors had notice, provided that those contractors or 
subcontractors were retained by the owner or operator to implement, in 
whole or in part, the requirements of paragraph (d) of this section. 
Within 30 days of such notice, the owner or operator shall provide in 
writing to the Administrator a report containing: an explanation and 
description of the reasons for the delay; the anticipated length of the 
delay; a description of the activity(ies) that will be delayed; all 
actions taken and to be taken to prevent or minimize the delay; a 
timetable by which those measures will be implemented; and a schedule 
that fully describes when the owner or operator proposes to meet any 
deadlines in paragraph (d) of this section which have been or will be 
affected by the claimed force majeure event. The owner or operator shall 
include with any notice their rationale and all available documentation 
supporting their claim that the delay was or will be attributable to a 
force majeure event.
    (iv) If the Administrator agrees that the delay has been or will be 
caused by a force majeure event, the Administrator and the owner or 
operator shall stipulate to an extension of the deadline for the 
affected activity(ies) as is necessary to complete the activity(ies). 
The Administrator shall take into consideration, in establishing any new 
deadline(s), evidence presented by the owner or operator relating to 
weather, outage schedules and remobilization requirements.
    (v) If the Administrator does not agree in her sole discretion that 
the delay or anticipated delay has been or will be caused by a force 
majeure event, she will notify the owner or operator in writing of this 
decision within 20 days after receiving the owner's or operator's report 
alleging a force majeure event. If the owner or operator nevertheless 
seeks to demonstrate a force majeure event, the matter shall be resolved 
by the Court.
    (vi) At all times, the owner or operator shall have the burden of 
proving that any delay was caused by a force majeure event (including 
proving that the owner or operator had given proper notice and had made 
``best efforts'' to avoid and/or mitigate such event), and of proving 
the duration and extent of any delay(s) attributable to such event.
    (vii) Failure by the owner or operator to fulfill in any way the 
notification and reporting requirements of this Section shall constitute 
a waiver of any claim of a force majeure event as to which proper notice 
and/or reporting was not provided.
    (viii) Any extension of one deadline based on a particular incident 
does not necessarily constitute an extension of any subsequent 
deadline(s) unless directed by the Administrator. No force majeure event 
caused by the absence of any administrative, regulatory, or legislative 
approval shall allow the Mohave Generating Station to operate after 
December 31, 2005, without installation and operation of the control 
equipment described in paragraph (d)(2) of this section.
    (ix) If the owner or operator fails to perform an activity by a 
deadline in paragraphs (d)(3) or (4) of this section due to a force 
majeure event, the owner or operator may only be excused from

[[Page 446]]

performing that activity or activities for that period of time excused 
by the force majeure event.
    (e) Approval. On November 18, 2009, the Nevada Division of 
Environmental Protection submitted the ``Nevada Regional Haze State 
Implementation Plan.'' With the exception of the BART determination for 
NOX at Reid Gardner Generating Station in sections 5.5.3, 
5.6.3 and 7.2; the NOX averaging time and control type for 
units 1, 2 and 3 in sub-paragraph (1)(c) of Nevada Administrative Code 
section 445B.22096; and the NOX emission limit for unit 3 in 
sub-paragraph (1)(c) of Nevada Administrative Code section 445B.22096; 
the Nevada Regional Haze State Implementation Plan, as supplemented and 
amended on February 18, 2010 and September 20, 2011, meets the 
applicable requirements of Clean Air Act sections 169A and 169B and the 
Regional Haze Rule in 40 CFR 51.308.
    (f) Source-specific federal implementation plan for regional haze at 
Reid Gardner Generating Station Units 1, 2 and 3. This paragraph (f) 
applies to each owner and operator of the coal-fired electricity 
generating units (EGUs) designated as Units 1, 2, and 3 at the Reid 
Gardner Generating Station in Clark County, Nevada.
    (1) Definitions. Terms not defined below shall have the meaning 
given to them in the Clean Air Act or EPA's regulations implementing the 
Clean Air Act. For purposes of this paragraph (f):
    Ammonia injection shall include any of the following: anhydrous 
ammonia, aqueous ammonia or urea injection.
    Boiler operating day means any 24-hour period between 12:00 midnight 
and the following midnight during which any fuel is combusted at any of 
the units identified in paragraph (f) of this section.
    Combustion controls shall mean new low NOX burners, new 
overfire air, and/or rotating overfire air.
    Continuous emission monitoring system or CEMS means the equipment 
required by 40 CFR Part 75 to determine compliance with this paragraph 
(f).
    NOX means nitrogen oxides expressed as nitrogen dioxide 
(NO2).
    Owner/operator means any person who owns or who operates, controls, 
or supervises an EGU identified in paragraph (f) of this section.
    Unit means any of the EGUs identified in paragraph (f) of this 
section.
    Unit-wide means all of the EGUs identified in paragraph (f) of this 
section.
    Valid data means data recorded when the CEMS is not out-of-control 
as defined by part 75 and which meets the relative accuracy requirements 
of this paragraph.
    (2) Emission limitations--the total discharge of NOx from Units 1, 
2, and 3, expressed as NO2, shall not exceed 0.20 lb/MMBtu 
determined over a 30 successive boiler operating day period. For each 
boiler operating day, hourly emissions of NO2, in pounds of 
NO2, for units 1, 2 and 3 for that day shall be summed 
together. For each boiler operating day, heat input, in millions of BTU, 
for units 1, 2 and 3 for that day shall be summed together. Each day the 
30 successive boiler operating day NO2 emission rate, in lb/
MMBtu, shall be determined by adding together that day and the preceding 
29 boiler operating days' pounds of NO2 and dividing that 
total pounds of NO2 by the sum of the heat input during the 
same 30-day period.
    (3) Compliance date. The owners and operators subject to this 
section shall comply with the emissions limitations and other 
requirements of this section by January 1, 2015 and thereafter.
    (4) Testing and monitoring. (i) At all times after the compliance 
date specified in paragraph (f)(3) of this section, the owner/operator 
of each unit shall maintain, calibrate, and operate a CEMS, in full 
compliance with the requirements found at 40 CFR part 75, to accurately 
measure NOX, diluent, and stack gas volumetric flow rate from 
each unit. In addition to these requirements, relative accuracy test 
audits shall be performed for both the NO2 pounds per hour 
measurement and the hourly heat input measurement. Each such relative 
accuracy test audit shall have a relative accuracy, as defined in 40 CFR 
part 60, appendix F, section 2.6, of less than 20 percent. This testing 
shall be evaluated each time the 40 CFR part 75 monitors undergo 
relative accuracy testing. Compliance with the

[[Page 447]]

emission limit for NO2 shall be determined by using valid 
data that is quality assured in accordance with the requirements of this 
paragraph. (ii) If a valid NOX pounds per hour or heat input 
is not available for any hour for a unit, that heat input and 
NOX pounds per hour shall not be used in the calculation of 
the unit-wide rolling 30 successive boiler operating day average. Each 
unit shall obtain at least 90 percent hours of data over each calendar 
quarter. 40 CFR part 60 Appendix A Reference Methods may be used to 
supplement the part 75 monitoring.
    (iii) Upon the effective date of the unit-wide NOX limit, 
the owner or operator shall have installed CEMS software that meets with 
the requirements of this section for measuring NO2 pounds per 
hour and calculating the unit-wide 30 successive boiler operating day 
average as required in paragraph (f)(2) of this section.
    (iv) Upon the completion of installation of ammonia injection on any 
of the three units, the owner or operator shall install, and thereafter 
maintain and operate, instrumentation to continuously monitor and record 
levels of ammonia consumption for that unit.
    (5) Notifications. (i) The owner or operator shall notify EPA within 
two weeks after completion of installation of combustion controls or 
ammonia injection on any of the units subject to this section.
    (ii) The owner or operator shall also notify EPA of initial start-up 
of any equipment for which notification was given in paragraph (f)(5)(i) 
of this section.
    (6) Equipment Operations. After completion of installation of 
ammonia injection on any of the three units, the owner or operator shall 
inject sufficient ammonia to minimize the NOX emissions from 
that unit while preventing excessive ammonia emissions.
    (7) Recordkeeping. The owner or operator shall maintain the 
following records for at least five years: (i) For each unit, CEMS data 
measuring NOX in lb/hr, heat input rate per hour, the daily 
calculation of the unit-wide 30 successive boiler operating day rolling 
lb NO2/MMbtu emission rate as required in paragraph (f)(2) of 
this section. (ii) Records of the relative accuracy test for 
NOX lb/hr measurement and hourly heat input
    (iii) Records of ammonia consumption for each unit, as recorded by 
the instrumentation required in paragraph (f)(4)(iv) of this section.
    (8) Reporting. Reports and notifications shall be submitted to the 
Director of Enforcement Division, U.S. EPA Region IX, at 75 Hawthorne 
Street, San Francisco, CA 94105. Within 30 days of the end of each 
calendar quarter after the effective date of this section, the owner or 
operator shall submit a report that lists the unit-wide 30 successive 
boiler operating day rolling lb NO2/MMBtu emission rate for 
each day. Included in this report shall be the results of any relative 
accuracy test audit performed during the calendar quarter.
    (9) Enforcement. Notwithstanding any other provision in this 
implementation plan, any credible evidence or information relevant as to 
whether the unit would have been in compliance with applicable 
requirements if the appropriate performance or compliance test had been 
performed, can be used to establish whether or not the owner or operator 
has violated or is in violation of any standard or applicable emission 
limit in the plan.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
67 FR 6133, Feb. 8, 2002; 69 FR 54019, Sept. 7, 2004; 77 FR 17341, Mar. 
26, 2012; 77 FR 50951, Aug. 23, 2012]



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

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

[55 FR 18111, May 1, 1990]

[[Page 448]]



Sec. 52.1490  Original identification of plan.

    (a) This section identified the original ``Air Quality 
Implementation Plan for the State of Nevada'' and all revisions 
submitted by the State of Nevada that were federally approved prior to 
September 28, 2010.
    (b) The plan was officially submitted on January 28, 1972.
    (1) Previously approved on May 31, 1972 and now deleted without 
replacement Rules 2.8 and 2.11.
    (2) Previously approved on May 31, 1972 in paragraph (b) and now 
deleted without replacement: Articles 2.10.1, 2.10.1.1, 3.3.4, 4.3.4, 
and Section 13, Nos. 15 and 19 of Senate Bill No. 275.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Errata sheet to the plan was submitted on April 26, 1972, by the 
Division of Health.
    (2) Washoe County regulations submitted on June 12, 1972, by the 
Governor.
    (i) Previously approved on July 27, 1972 in paragraph (c)(2) of this 
section and now deleted from the SIP without replacement Washoe County 
Air Quality Regulations: Rules 020.020, 020.030, 020.075, and 040.055.
    (3) Compliance schedules submitted on July 14, 1972, by the 
Governor.
    (4) Legal opinions concerning the plan submitted on November 17, 
1972, by the Office of the Attorney General.
    (5) Amended Clark County regulations submitted on January 19, 1973, 
by the Governor.
    (i) Previously approved on May 14, 1973 in paragraph (c)(5) of this 
section and now deleted without replacement: Section 15 (Prohibition of 
Nuisance Conditions) and Section 29 (Odors in the Ambient Air).
    (6) Amendments to the Nevada Air Quality Regulations NAQR to 
regulate construction of complex sources (Article 13) submitted on April 
1, 1974, by the Governor.
    (7) Amendments to the NAQR to regulate sulfur emissions from 
nonferrous smelters; (Article 8.1); to regulate and monitor visible 
emissions from stationary sources (Article 4); and to allow 
supplementary control systems (Article 14); submitted on June 14, 1974, 
by the Governor.
    (i) Previously approved on February 6, 1975 in paragraph (7) and now 
deleted without replacement: Article 8.1.
    (8) Amendments to the NAQR to regulate open burning (Article 5.2.3 
and 5.2.4), and to regulate the construction of complex sources (Article 
13), submitted on November 12, 1974, by the Governor.
    (9) Administrative procedures for the review of complex sources 
submitted on December 11, 1974, by the Governor's representative.
    (10) Amendments to the Nevada Revised Statutes (NRS) (1975 
Legislative Session) on motor vehicle inspection and testing (NRS 
445.640, 445.700, 482.640 and 169.125), public availability of emission 
data (NRS 445.576), organization (NRC 445.481 and 481.----). (Section 1 
of 1975 Assembly Bill 326), stack testing (NRS 445.447), and alleged 
violations (NRS 445.526) submitted on September 10, 1975 by the 
Governor.
    (11) Amendments to the NAQR, as amended through September 18, 1975, 
submitted on October 31, 1975, by the Governor, as follows:

    Article 1--Definitions: 1.6-1.13, 1.15-1.33, 1.35-1.69;
    Article 2--General Provisions: 2.4.1-2.4.4, 2.5.1, 2.5.2, 2.5.4, 
2.6.1-2.6.4, 2.7.1, 2.8.1, 2.8.4, 2.8.5.1, 2.9.1-2.9.3, 2.9.5-2.9.7, 
2.10.1.2, 2.10.2-2.10.4, 2.11.4.2;
    Article 3--Registration Certificates and Operating Permits: 3.1.3, 
3.1.5, 3.1.6, 3.1.8a & d-i, 3.1.9, 3.2.2-3.2.6, 3.3.2, 3.3.5, 3.4.1, 
3.4.6-3.4.14;
    Article 4--Visible Emissions From Stationary Sources: 4.1, 4.2, 
4.3.5, 4.4-4.4.2;
    Article 5--Open Burning: 5.2.3, 5.2.4;
    Article 6--Incinerator Burning: 6.3-6.6.2;
    Article 7--Particulate Matter: 7.1.3, 7.2.1-7.2.3, 7.3.1-7.3.3;
    Article 8--Sulfur Emissions: 8.1.1, 8.1.2, 8.1.4, 8.2.2.1, 8.3-8.4;
    Article 9--Organic Solvent, Other Volatile Compounds: 9.1, 9.2-
9.2.1.1, 9.2.2, 9.2.3;
    Article 10--Odors: 10.2.1.1, 10.2.1.2;
    Article 11--Mobile Equipment: 11.3-11.7.1, 11.7.4-11.7.5, 11.10, 
11.10.1, 11.11-11.14.17.

    (i) Previously approved on January 9, 1978 in paragraph (11) and now 
deleted without replacement: Articles 2.10.1.2, 2.10.2, 2.10.3, 8.1.1, 
8.1.2, and 8.1.4.
    (12) Amendments to miscellaneous Nevada air quality control 
regulations and to other sections of the State plan submitted on 
December 10, 1976, by the Governor, as follows:


[[Page 449]]


    Article 1--Definitions: 1.1-1.213;
    Article 2--General Provisions: 2.5.3, 2.6.2-2.6.9, 2.7.1-2.7.4, 
2.8.5.2, 2.16, 2.17;
    Article 3--Registration Certificates and Operating Permits, 3.1.9.1, 
3.2.1;
    Article 7--Particulate Matter: 7.2.4;
    Article 8--Sulfur Emissions: 8.2.2-8.2.4;
    Article 11--Mobile Equipment: 11.7.6, 11.8, 11.9, 11.10.2;
    Section 3--Air quality data: 3.2;
    Section 4--Emissions summary: 4.2;
    Section 5--Control strategy: 5.1, table 5.1, table 5.2;
    Section 10--Air quality surveillance network: Monitoring network 
table, sampling sites modification table.

    (i) Previously approved on August 21, 1978 in paragraph (12) and now 
deleted without replacement: Article 2.7.4.
    (13) Amendments to the NAQR and the control strategy submitted on 
October 7, 1976, by the Governor.
    (i) Article 7--Particulate Matter: 7.2.7; Table 4.2--Emissions 
Inventory Summary for Particulates.
    Table 5.2--Summary of Control Strategy Analysis for Particulates.
    (14) The following amendments to the plan were submitted on December 
29, 1978, by the Governor.
    (i) Nevada State Emergency Episode Plan Sections: 6.1.4, 6.1.5, 
6.5.2.2; Tables: 6.1, 6.2 (Stages 1, 2, and 3), 6.3; Air Pollution 
Episode Notice; Episode Communication Checklist.
    (ii) Nevada Revised Statutes Policy Declarations; Definitions:

    445.401, 445.406, 445.411, 445.416, 445.421, 445.424, 445.427, 
445.431, 445.441, 445.446; State Environmental Commission: 445.451, 
445.456, 445.461, 445.466, 445.471, 445.472, 445.473, 445.474, 445.476; 
Local Hearing Boards: 445.486; Enforcement Provisions: 445.491, 445.496, 
445.497, 445.498, 445.499, 445.501; Variances: 445.506, 445.511, 
445.516, 445.521; Hearings, Orders Respecting Violations: 445.529; Local 
Air Pollution Control Programs: 445.546, 445.551, 445.556, 445.561, 
445.566; Miscellaneous Provisions: 445.571, 445.581, 445.586, 445.596, 
445.598; Penalties: 445.601; Deletions: Senate Bill 275, Sections 8.5, 
17(1-4, 6, 7), 27, 38.

    (A) Previously approved on July 10, 1980 and now deleted without 
replacement Statutes 445.506, 445.511, 445.516, and 445.521.
    (iii) Nonattainment area plans for Mason Valley/Fernley Area, Lander 
County, Carson Desert, Winnemucca Segment, Truckee Meadows, and Las 
Vegas Valley.
    (iv) Nevada Revised Statutes, Engine Emission Controls:

    445.610, 445.620, 445.625, 445.630, 445.640, 445.650, 445.660, 
445.670, 445.680, 445.690, 445.700, 445.705, and 445.710.

    (v) Nevada Air Quality Regulations for Mobile Equipment:

    Article 1--Sections 1.1 to 1.38; Article 2--Sections 2.1 to 2.2; 
Article 3--Sections 3.1 to 3.14.6; and Article 4--Sections 4.1 to 4.20.

    (vi) Nevada Revised Statute 445.493, Limitations on Enforcement of 
Regulations as to Indirect Sources and Authority to Review New Indirect 
Sources.
    (vii) Amendments to the Nevada Air Quality Regulations:

    Article 1, Rules 1.44, 1.53, 1.60, 1.98.1; Article 2, Rules 2.2.2, 
2.11.7, 2.17.3.2 a/b, 2.17.4, 2.17.4.1, 2.17.9.8, 2.17.10, 2.17.10.1; 
Article 3, Rules 3.1.1, 3.1.2, 3.1.3, 3.4.11; Article 4, Rule 4.3.[6]4; 
Article 5, Rule 5.2.4; Article 6, Rule 6.3; Article 7 Rules 7.1.[3]2, 
7.3.3; Article 8, Rules 8.2.1.1, 8.2.1.2, 8.2.2, and Article 12, Rule 
12.1.

    (A) Previously approved on August 27, 1981 in paragraph (c)(14)(vii) 
of this section and now deleted from the SIP without replacement Nevada 
Air Quality Regulations: Rule 2.11.7.
    (viii) Amendments to the Nevada Air Quality Regulations:

    Article 1; Article 7, Rules 7.2.8.1--7.2.8.3; Article 16, Rules 
16.3.1.2--16.3.3 and Rules 16.15.1--16.15.4.

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

[[Page 450]]

    (i) Amendments to the Nevada Air Quality Regulations:

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

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

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

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

    Definitions, Sections 010.011, 010.014, 010.028, 010.057, 010.059, 
010.071, 010.072, 010.091, 010.106, 010.107B, 010.108, 010.116, 010.117, 
010.136, 010.148, 010.149, 010.151, 010.166, 010.197, and 010.1751; 
Source Registration and Operation, Sections 030.000, 030.005, 030.010, 
030.015, 030.025, 030.030, 030.110, 030.115 (1 and 5)B, 030.120, 
030.1201, 030.205, 030.210, 030.215, 030.245, and 030.250; Section 
040.070--Storage of Petroleum Products; Section 040.075--Gasoline 
Loading into Tank Trucks and Trailers; Section 040.080--Gasoline 
unloading from Tank Trucks and Trailers into Storage Tanks; Section 
040.085--Organic Solvents; and Section 040.090--Cut-Back Asphalt.

    (iv) Paving schedules for the following Nonattainment Area Plans: 
Mason Valley/Fernley Area, Carson Desert, Winnemucca Segment, and Lander 
County.
    (v) Amendments to the Las Vegas Valley Nonattainment Area Plan: Two 
memoranda of understanding between Clark County, the Health District, 
and the Transportation Policy Committee.
    (vi) Nevada Revised Statutes, Engine Emission Control: 445.632, 
445.634, 445.635, and 445.644.
    (vii) Lake Tahoe Basin Nonattainment Area Plan.
    (viii) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 2, Rules 2.1, 2.2, 2.3; Section 3, Rule 3.1; Section 4, 
Rules 4.1--4.11; Section 5, Rule 5.1; Section 6, Rule 6.1; Section 7, 
Rules 7.1--7.19; Section 8, Rules 8.1, 8.2, 8.7 (deletion); Section 9, 
Rules 9.1--9.3; Section 10; Section 16, Rules 16.1,--16.5, 16.6 
(Operating Permits), 16.6 (Emission of Visible Air Contaminants) 
(deletion), 16.7--16.9; Section 17, Rules 17.1--17.8; Section 18, Rules 
18.1--18.12; Section 23, Rules 23.1--23.5; Section 24, Rules 24.1--24.5; 
Section 25, Rules 25.1, 25.2, 25.4 (deletion); Section 26, Rules 26.1--
26.3; Section 27, Rules 27.1, 27.2, 27.3, 27.4; Section 28, Rules 28.1, 
28.2; Section 29; Section 30, Rules 30.1--30.7; Section 31; Section 32, 
Rules 32.1, 32.2; Section 40, Rule 40.1; Section 41, Rules 41.1--41.4; 
Section 42, Rules 42.1--42.4; Section 43, Rule 43.1; Section 70, Rules 
70.1--70.6; Sections 80, and 81.

    (A) Previously approved on August 27, 1981 and now deleted without 
replacement Section 9, Rules 9.2 to 9.3.
    (B) Previously approved on August 27, 1981 at (c)(16)(viii) and now 
deleted Section 17, Rules 17.1-17.8.
    (C) Previously approved on August 27, 1981 in paragraph 
(c)(16)(viii) of this section and now deleted without replacement: 
Section 40, Rule 40.1 (Prohibition of Nuisance Conditions); Section 42, 
Rule 42.2 (open burning); and Section 43, Rule 43.1 (Odors in the 
Ambient Air).
    (D) Previously approved on August 27, 1981 in paragraph 
(c)(16)(viii) of this section and now deleted from the SIP without 
replacement Nevada Air Quality Regulations: Clark County District Board 
of Health Air Pollution Control Regulations: Section 3, Rule 3.1.

    Editorial Note: At 47 FR 27071, June 23, 1982, the following 
paragraph (c)(16)(viii) was added to Sec. 52.1470.
    (viii) Repeal and removal of all references to Indirect (Complex) 
Sources in the following rules or portions of rules in the Nevada Air 
Quality Regulations.

    Article 1--Definitions: 1.12, 1.95, 1.147(b), and 1.202. Article 2--
Registration Certificates and Operating Permits: 3.1.9, 3.2.1, 3.2.2, 
and 3.2.5. Article 13--Point Sources: 13.1.1, 13.1.2, 13.2, and 13.2.1 
to 13.5.3.

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

    Sections 020.055, 030.300, 030.305, 030.310, 030.3101-030.3105, 
030.3107, and 030.3108 and the following deletions: 010.115, 050.005, 
050.010, 050.015, 050.020, 050.025, 050.030, and 050.035.

    (A) Previously approved on August 27, 1981 in paragraph (c)(16)(ix) 
of this section and now deleted from the SIP without replacement Washoe 
County Air Quality Regulations: Rules 030.3105, 030.3107, and 030.3108.
    (x) Amendments to the Nevada Air Quality Regulations: Article 12, 
Lead (Pb).

[[Page 451]]

    (17) The following amendments to the plan were submitted on 
September 18, 1979, by the Governor.
    (i) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 1--Definitions (except 1.14, 1.15, 1.79, and 1.94); Section 
15.14--Source Registration Requirements for Areas Exceeding Air Quality 
Standards; and Section 60--Evaporation and Leakage.

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

    Section 1, Rules 1.79, 1.94; Section 11, Rules 11.1, 11.1.1-11.1.8, 
11.2, 11.2.1-11.2.3, 11.3, 11.3.1, 11.3.2, 11.4, and Section 13, Rule 
13.5 (deletion).

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

    (18) Amendments to the Nevada Air Quality Regulations submitted on 
March 17, 1980, by the Governor.
    (i) Article 13.1.3--Point Sources and Registration Certificates.
    (A) Previously approved on April 14, 1981 in paragraph (c)(18)(i) of 
this section and now deleted without replacement: Nevada Air Quality 
Regulations (NAQR) article 13.1.3(3).
    (19) The following amendments to the plan were submitted on June 24, 
1980, by the Governor.
    (i) Section 10--State of Nevada Ambient Air Quality Monitoring and 
Surveillance.
    (ii) Amendment to the Nevada Air Quality Regulations: Article 4, 
Rule 4.3.6.
    (iii) Clark County, Nevada Lead SIP.
    (20) The following amendment to the plan was submitted on August 19, 
1980 by the Governor.
    (i) Request for Extension of the Carbon Monoxide Attainment Date for 
the Truckee Meadows Nonattainment Area.
    (21) The following amendments to the plan were submitted on October 
13, 1980, by the Governor.
    (i) Amendments to the Nevada Revised Statutes: 704.820 through 
704.900 (Utility Environmental Protection Act).
    (ii) Rule 25, of General Order No. 3, Nevada Public Service 
Commission.
    (22) The following amendments to the plan were submitted on November 
5, 1980, by the Governor.
    (i) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations: Section 4, Rules 4.12, 4.12.1-4.12.3.
    (ii) Amendments to the Nevada Air Quality Regulations: Article 7, 
Rules 7.2.5, 7.2.5.1, 7.2.9; and Article 8, Rule 8.3.4.
    (iii) Previously approved on June 18, 1982 in paragraph (22)(ii) and 
now deleted without replacement: Articles 7.2.5, 7.2.9, and 8.3.4.
    (23) The following amendments to the plan were submitted on March 4, 
1981, by the Governor:
    (i) Las Vegas Valley Air Quality Implementation Plan (excluding 
Clark County Air Pollution Control Regulations).
    (24) The following amendments to the plan were submitted on November 
17, 1981 by the Governor.
    (i) Amendments to the Nevada Air Quality Regulations: Article 14.1.
    (ii) Resolution of the Washoe Council of Governments adopted August 
28, 1981 and Endorsement of the State Environmental Commission dated 
October 15, 1981.
    (iii) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 1--Definitions 1.7, 1.13, 1.14, 1.15, 1.32, 1.48, 1.50, 
1.52, 1.57, 1.67, 1.72, 1.90 and the addition of the following 
unnumbered definitions: ``Emission Unit,'' ``Criteria Pollutant,'' 
``Non-Criteria Pollutant,'' ``Baseline Area,'' ``Begin Actual 
Construction,'' ``Building, Structure, Facility, or Installation,'' 
``Particulate Precursor,'' ``Secondary Emissions,'' and ``Significant.''
    Section 15--Source Registration, 15.1, 15.1.1, 15.1.2, 15.1.3, 
15.1.4, 15.1.5, 15.1.6, 15.1.7, 15.1.8, 15.2; 15.2.1, 15.2.2, 15.3, 
15.4, 15.5; Preconstruction Review for New and Modified Sources, 15.6, 
15.6.1, 15.6.1.1, 15.6.1.2 (deleted), 15.6.1.6, 15.6.2, 15.6.2.1 
(deleted), 15.6.2.2, 15.6.2.3, 15.6.2.4, 15.6.2.5, 15.6.3, 15.6.3.1, 
15.6.3.2 to 15.6.3.5 (added), 15.6.6, 15.7, 15.8, 15.9, 15.10, 15.10.1, 
15.10.2, 15.10.3, 15.10.4, 15.11, 15.12; Prevention of Significant 
Deterioration, 15.13 (added); Preconstruction Review Requirements for 
New or Modified Sources in Areas Exceeding Air Quality Standards 
(``Offset'' Rules), 15.14.1, 15.14.1.2, 15.14.1.3 (added), 15.14.3.1, 
15.14.3.2, 15.14.4, 15.14.4.1, 15.14.4.3, 15.14.3.3 (added), 15.14.4.3.4 
(added), 15.14.4.3.5 (added) and, 15.14.4.4 (deleted).


[[Page 452]]


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

    Section 4, Rule 4.7.3; Section 7; Section 9, Rules 9.1; Section 16; 
Section 17, Rules 17.2.1 and 17.6.1; Section 18, Rules 18.1--18.5.2; 
Section 23, Rules 23.2.1--23.3.1.2 and Rules 23.3.4--23.3.5; Section 27; 
Section 30, Rules 30.4 and 30.8; Section 52, Rules 52.4.2.3 and 52.7.2; 
and Section 60, Rules 60.4.3.

    (A) Previously approved on June 18, 1982 and now deleted without 
replacement Section 7, Rules 7.1 to 7.19 and Section 9, Rule 9.1.
    (B) Previously approved on June 18, 1982 at (c)(24)(iv) and now 
deleted Section 17, Rules 17.2.1 and 17.6.1.
    (v) Nevada State Lead SIP Revision submitted by the State on 
November 5, 1981.
    (vi) Amendment to the Clark County District Board of Health Air 
Pollution Control Regulations: Section 60, Rule 60.4.2.
    (25) The following amendments to the plan were submitted on October 
26, 1982, by the Governor.
    (i) Amendments of Chapter 445 of the Nevada Administrative Code.

    (A) New or amended sections 445.430-445.437, 445.439-445.447, 
445.451, 445.453-445.472, 445.474-445.477, 445.480-445.504, 445.509-
445.519, 445.522-445.537, 445.539, 445.542-445.544, 445.546-445.549, 
445.551, 445.552, 445.554-445.568, 445.570, 445.572-445.587, 445.589-
445.605, 445.608-445.612, 445.614-445.622, 445.624, 445.626, 445.627, 
445.629-445.655, 445.660, 445.662-445.667, 445.682, 445.685-445.700, 
445.704-445.707, 445.712-445.716, 445.721, 445.723, 445.729-445.732, 
445.734, 445.742, 445.743, 445.746, 445.753, 445.754, 445.764, 445.844, 
and 445.845.

    (ii) Previously approved on March 27, 1984, in paragraph (25)(i)(A) 
and now deleted without replacement: Nevada Administrative Code (NAC) 
sections: 445.447, 445.554, 445.596, 445.662, 445.695, 445.698, 445.700, 
and 445.844.
    (iii) Previously approved on March 27, 1984, in paragraph (25)(i)(A) 
and now deleted without replacement: Nevada Administrative Code (NAC) 
sections: 445.440, 445.442-445.443, 445.446, 445.451, 445.453-445.456, 
445.459-445.463, 445.465-445.469, 445.474-445.476, 445.481, 445.483-
445.485, 445.487, 445.489-445.491, 445.493-445.498, 445.502-445.503, 
445.509-445.511, 445.514-445.515, 445.518-445.519, 445.522-445.524, 
445.526-445.532, 445.534, 445.539, 445.543-445.544, 445.546, 445.547, 
445.551, 445.566-445.568, 445.572-445.573, 445.576-445.580, 445.582-
445.583, 445.586-445.587, 445.591, 445.593-445.595, 445.598, 445.600, 
445.602-445.605, 445.608-445.611, 445.614-445.616, 445.619-445.620, 
445.626, 445.629, 445.631-445.632, 445.634-445.646, 445.648, 445.652, 
445.654, and 445.723.
    (iv) Previously approved on March 27, 1984 in paragraph 
(c)(25)(i)(A) of this section and now deleted without replacement: 
Nevada Administrative Code (NAC) section: 445.535.
    (v) Previously approved on March 27, 1984, in paragraph 
(c)(25)(i)(A) of this section and now deleted without replacement: 
Nevada Administrative Code (NAC) section: 445.655.
    (vi) Previously approved on March 27, 1984, in paragraph 
(c)(25)(i)(A) of this section and now deleted without replacement: 
Nevada Administrative Code (NAC) section 445.706(2).
    (26) The following amendments to the plan were submitted on 
September 14, 1983 by the Governor.
    (i) Amendments to Chapter 445 of the Nevada Administrative Code.
    (A) New or amended Sections 445.732, 445.808 (paragraphs (1), (2)(a-
c), and (3)-(5)), 445.815 (paragraphs (1), (2)(a)(1 and 2), and (3)-
(5)), 445.816 (paragraphs (1), (2)(a-i), and (3)-(5)), 445.843, and 
445.846 (paragraphs (1), (3), and (4)).
    (B) Previously approved on March 27, 1984, in paragraph (26)(i)(A) 
and now deleted without replacement: Nevada Administrative Code (NAC) 
sections 445.815 (paragraphs (1), (2)(a)(1)-(2), and (3)-(5)) and 
445.816 (paragraph (2)(a)-(c) and (e)-(i)).
    (ii) The Truckee Meadows Air Quality Implementation Plan 1982 Update 
except for the attainment and RFP demonstrations and Legally Enforceable 
Measures portions of the plan.
    (iii) Amendments related to Nevada's inspection and maintenance (I/
M) program.
    (A) State legislation (AB 677) which defers the start-up of the 
annual I/M program from July 1, 1983 to October 1, 1983.
    (B) An I/M public education plan.
    (C) Revisions to the Engine Emission Control Regulations (Nevada 
Administrative Code 455.851 to 445.945).
    (27) The following amendments to the plan were submitted on December 
9, 1982, by the State:

[[Page 453]]

    (i) Emission reduction estimates and/or changes in vehicular 
activity for the adopted control measures.
    (ii) A modeling analysis indicating 1982 attainment.
    (iii) Documentation of the modeling analysis including air quality, 
traffic and meteorological data:
    (iv) Evidence of implementation and/or future commitments for the 
adopted control measures.
    (v) Appendix of previous reports, measured data and other official 
correspondence including:
    (A) Resource commitments from the responsible agencies for 
implementing the RFP,
    (B) 1979 and 1980 Annual Reports for the Lake Tahoe Air Basin, and
    (C) 1981 Nevada Air Quality Report.
    (28) The following amendments to the plan were submitted on December 
16, 1982 by the State:
    (i) Additional evidence of commitment to the control evidence by the 
responsible state and/or local agencies,
    (ii) Additional supporting documentation for the 1982 attainment 
modeling analysis which included revised technical data on measured and 
modeled CO traffic volumes, and a revised narrative on the calibration 
constant and the impacts to the model.
    (29) The following amendments to the plan were submitted on January 
28, 1983 by the State:
    (i) Response to EPA's preliminary evaluation, specifying 
documentation for calibrating the model, the mobile source emission 
factors, and additional traffic data.
    (ii) Conversion factors for the model.
    (iii) A revised 1982 attainment modeling analysis and supporting 
documentation including:
    (A) 1979, 1980-82 traffic data for the Stateline Area, (Appendix A);
    (B) Stateline Cold Start/Hot Start Analysis, (Appendix B);
    (C) Portions of the Highway 50 Corridor Study, June 1979 (Appendix 
C);
    (D) Reference from Transportation and Traffic Engineering Handbook, 
(1979), (Appendix D); and
    (E) Revised Caline 3 and Mobile 2 modeling analysis using both 27% 
and 50% cold start factors, (Appendix E).
    (30) The following amendments to the plan were submitted on May 5, 
1983 by the State:
    (i) ``Stateline, Nevada, 1983 Carbon Monoxide Study''--a traffic, 
ambient air monitoring and predictive modeling report, and
    (ii) A revised analysis of the Caline 3 model verifying 1982 
attainment, based on data collected in February and March 1983.
    (31) The following amendments to the plan were submitted on May 30, 
1984, by the Governor.
    (i) Washoe County, Nevada Lead SIP Revision.
    (32) The Las Vegas Valley 1982 Air Quality Implementation Plan 
(AQIP) Update for carbon monoxide submitted by the Governor on June 23, 
1982.
    (33) On January 11, 1985, the following amendments to the plan were 
submitted by the State.
    (i) Incorporation by reference.
    (A) Las Vegas Valley Air Quality Implementation Plan, Post 1982 
Update for Ozone adopted on October 16, 1984 (including section 33 
(Chlorine in Chemical Processes)), adopted May 18, 1984).
    (ii) Additional material.
    (A) Emissions Inventory for 1995, transmitted by a letter dated 
March 14, 1986.
    (34) Program elements were submitted on June 28, 1994 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on June 28, 1994.
    (35) Program elements were submitted on July 5, 1995 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on July 5, 1995.
    (36)-(37) [Reserved]
    (38) On August 7, 1998, regulations for the following Health 
District were submitted by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Health District.
    (1) Section 53 adopted on September 25, 1997.

[[Page 454]]

    (39) The following plan was submitted on February 14, 1995, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Redesignation Request and Maintenance Plan for the National 
Sulfur Dioxide Standard--Central Steptoe Valley, adopted by Nevada 
Division of Environmental Protection on February 14, 1995.
    (40) The following plan supplement was submitted on February 27, 
2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Supplement to the Maintenance Plan for the National Sulfur 
Dioxide Standard--Central Steptoe Valley (Letter from Allen Biaggi, 
Administrator, Nevada Division of Environmental Protection, to Wayne 
Nastri, Regional Administrator, EPA Region IX, dated February 27, 2002).
    (41) Regulations for the following agencies were submitted on 
November 19, 2002 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Air Quality Management Board.
    (1) Clark County Building Code, section 3708, adopted on November 
20, 1990.
    (2) City of Las Vegas Building Code, section 3708, adopted on 
November 21, 1990.
    (3) City of North Las Vegas Building Code, section 13.16.150, 
adopted on September 18, 1991.
    (4) City of Henderson Building Code, section 15.40.010, adopted on 
October 15, 1996.
    (42) The following plan was submitted on July 23, 2001, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) PM-10 State Implementation Plan for Clark County including: 
Chapter 3, Chapter 4 (excluding pages 4-125 and 4-126), Chapters 5 
through 7, Appendices A through E, Appendix G (excluding pages 90-1 
through 90-10, 91-1 through 91-9, 92-1 through 92-7, 93-1 through 93-8, 
and the following paragraphs of pages 0-1 through 0-46: 0.1-0.24, 0.26-
0.32, 0.34, 0.35, 0.38-0.42, 0.44, 0.49, 0.50, 0.52-0.57, 0.59-0.64, 
0.66-0.69, 0.71-0.80, 0.82, 0.83, 0.85-0.109, 0.112, 0.113, 0.115, 
0.116, 0.118, 0.119, 0.121-0.126, 0.128-0.131, 0.134-0.139, 0.142-0.146, 
0.148-0.161, 0.163, 0.165, and 0.167-0.172), Appendix J, and Appendices 
L through N adopted on June 19, 2001.
    (43) The following regulations were submitted on October 24, 2002, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) Sections 90, 91, 92 and 93 adopted on November 20, 2001.
    (44) The following plan amendments were submitted on November 19, 
2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) Pages 4-125 and 4-126 and Appendix R adopted on November 19, 
2002.
    (45) The following plan was submitted on October 27, 2003, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Carbon Monoxide Redesignation Request and Limited Maintenance 
Plan for the Nevada Side of the Lake Tahoe Basin, dated October 2003, 
adopted by the State Environmental Commission on September 18, 2003.
    (1) Attainment year (2001) emissions inventory, monitoring network 
and verification of continued attainment, and contingency plan, 
including commitments to follow maintenance plan contingency procedures 
by the Nevada Division of Environmental Protection, the Tahoe 
Metropolitan Planning Organization, the Nevada Department of 
Transportation, and the Washoe County District Health Department.
    (B) Letter of October 27, 2003, from the Nevada Division of 
Environmental Protection, transmitting the redesignation request and 
maintenance plan for the Lake Tahoe Nevada CO nonattainment area and 
including a State commitment to track CO concentrations and to adopt, 
submit as a SIP revision, and implement expeditiously any and all 
measures to achieve the level of CO emissions reductions needed to 
maintain the CO NAAQS in the event that an exceedance of the CO NAAQS is 
monitored, and to work with the involved jurisdictions to ensure that 
sufficient measures are adopted and implemented in a timely fashion to 
prevent a violation.

[[Page 455]]

    (C) Additional material--Addendum to the October 27, 2003 letter of 
transmittal of the redesignation request and maintenance plan: emissions 
projections for on-road motor vehicles through 2016.
    (46) The following plan revision was submitted on March 20, 1996, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) State of Nevada State Implementation Plan for an Enhanced 
Program for the Inspection and Maintenance of Motor Vehicles for Las 
Vegas Valley and Boulder City, Nevada, revised March 1996, transmitted 
by letter dated March 20, 1996, including the cover page through page 
15, appendix 1 (only the Nevada attorney general's opinion and 
memorandum dated November 15, 1993 and June 29, 1994, respectively), and 
appendices 2 through 9.
    (47) The following plan revision was submitted on August 9, 2000, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) Carbon Monoxide State Implementation Plan, Las Vegas Valley 
Nonattainment Area, Clark County, Nevada, August 2000, adopted on August 
1, 2000, including the following sections within which certain 
exceptions are noted but excluding all sections not specifically cited: 
chapters 1 through 8 (with the exception of chapter 7, subsection 7.2.2, 
``Contingency Measures''); appendix A, ``Emissions Inventory'', sections 
1 through 7, and section 8-- ``Annexes'' (with the exception of appendix 
E, ``Quality Assurance/Quality Control''); appendix B, ``Transportation 
Documentation'', section 1; appendix D, ``Regulations, Policies and 
Public Participation Documentation'', section 1-- ``Cleaner Burning 
Gasoline (CBG) Regulations and Supporting Documentation'' (with the 
exception of District Board of Health of Clark County Air Pollution 
Control Regulations section 54 as adopted on April 22, 1999), section 2, 
section 3, section 4--``Nevada Administrative Code, Chapter 445B: 
Technician Training and Licensing'' (with the exception of NAC 445B.485-
445B.487, 445B.489-445B.493, and 445B.495-445B.498), and sections 5 
through 9; and appendix E, ``Supplemental Technical Support 
Documentation'', sections 1 through 4, and 7.
    (48) The following plan revision was submitted on January 30, 2002 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) New or amended regulations implementing Nevada's vehicle 
inspection and maintenance program in Las Vegas Valley and Boulder City: 
Nevada Administrative Code, chapter 445B, sections 445B.400-445B.774 
(i.e., ``Emissions from Engines''), including the sections under the 
subheadings ``General Provisions,'' ``Facilities for Inspection and 
Maintenance,'' ``Inspectors,'' ``Exhaust Gas Analyzers,'' ``Control of 
Emissions: Generally'' [excluding sections 445B.576-445B.578, and 
excluding section 445B.594 (``Inspections required in Washoe County'')], 
``Restored Vehicles,'' ``Miscellaneous Provisions,'' but excluding the 
sections under the subheading ``Control of Emissions: Heavy-Duty Motor 
Vehicles'' (i.e., sections 445B.737-445B.774), codification as of 
February 2002 by the Legislative Counsel Bureau.
    (2) Previously approved on September 21, 2004, in paragraph 
(c)(48)(i)(A)(1) of this section and now deleted from the SIP without 
replacement: Nevada Administrative Code (NAC) sections: 445B.461(3)(d) 
and 445B.595(2)(d).
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.
    (1) NV2000 Analyzer Electronic Data Transmission Equipment 
Specifications (June 15, 2000), revision 5, November 8, 2000.
    (49) The following plan revisions were submitted on June 4, 2002 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) New or amended statutes related to Nevada's vehicle inspection 
and maintenance program in Las Vegas Valley and Boulder City, as amended 
through the 2001 Legislative sessions: Nevada Revised Statutes, title 
40, chapter 445B, sections 445B.210, 445B.700, 445B.705, 445B.710, 
445B.715,

[[Page 456]]

445B.720, 445B.725, 445B.730, 445B.735, 445B.740, 445B.745, 445B.750, 
445B.755, 445B.758, 445B.760, 445B.765, 445B.770, 445B.775-445B.778, 
445B.780, 445B.785, 445B.790, 445B.795, 445B.798, 445B.800, 445B.805, 
445B.810, 445B.815, 445B.820, 445B.825, 445B.830, 445B.832, 445B.834, 
445B.835, 445B.840, and 445B.845, and title 43, chapter 482, section 
482.461, transmitted by letter dated June 4, 2002.
    (2) New regulation establishing the State's low Reid Vapor Pressure 
wintertime requirement for gasoline sold in Clark County: Nevada 
Administrative Code, chapter 590, section 590.065 as adopted on October 
28, 1998 (made effective December 14, 1998) by the State Board of 
Agriculture.
    (3) Regulation R017-02, adopted on March 8, 2002 by the Nevada State 
Environmental Commission: New or amended rules in Chapter 445B of the 
Nevada Administrative Code removing the limitation on applicability of, 
and removing the restrictive trigger for effectuating the implementation 
of, the on-board diagnostics systems test for Nevada's vehicle 
inspection and maintenance program.
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.
    (1) Contract between Nevada Department of Motor Vehicles and MD 
LaserTech for on-road testing services, dated January 15, 2002.
    (50) The following plan revision was submitted on September 9, 2003 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) New or amended statutes related to Nevada's vehicle inspection 
and maintenance program in Las Vegas Valley and Boulder City, as amended 
through the 2001 Legislative sessions: Nevada Revised Statutes, title 
43, chapter 481, sections 481.019, 481.023, 481.027, 481.031, 481.035, 
481.043, 481.047, 481.0473, 481.0475, 481.0477, 481.048, 481.0481, 
481.051, 481.052, 481.055, 481.057, 481.063, 481.065, 481.079, 481.081, 
481.082, 481.083, 481.085, and 481.087; title 43, chapter 482, sections 
482.155, 482.160, 482.162, 482.165, 482.170, 482.171, 482.173, 482.175, 
482.180, 482.1805, 482.181, 482.183, 482.186-482.188, 482.205, 482.206, 
482.208, 482.210, 482.215, 482.216, 482.220, 482.225, 482.230, 482.235, 
482.240, 482.245, 482.255, 482.260, 482.265-482.268, 482.270, 482.2703, 
482.2705, 482.271, 482.2715, 482.2717, 482.272, 482.274, 482.275, 
482.280, 482.2805, 482.2807, 482.281, 482.283, 482.285, 482.290, 
482.385, and 482.565; and title 43, chapter 484, sections 484.644 and 
484.6441, transmitted by letter dated September 9, 2003.
    (51) The following plan revision was submitted on September 24, 2003 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Regulation R178-01, adopted on July 11, 2002 by the Nevada 
Department of Motor Vehicles (and made effective August 21, 2002): New 
or amended rules in Chapter 445B of the Nevada Administrative Code 
establishing on-board diagnostics systems test procedures for Nevada's 
vehicle inspection and maintenance program.
    (52) The following plan revision was submitted on November 10, 2003 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) New or amended Section 53--Oxygenated Gasoline Program, and 
Section 54--Cleaner Burning Gasoline (CBG): Wintertime Program, adopted 
on May 20, 2003 (made effective June 3, 2003).
    (53) The following plan revision was submitted on October 23, 2003, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) New or amended rules adopted on October 7, 2003 by the Clark 
County Board of County Commissioners: Clark County Air Quality 
Regulations section 0 (Definitions), section 11 (Ambient Air Quality 
Standards), section 12 (Preconstruction Review for New or Modified 
Stationary Sources), excluding subsection 12.2.18 and 12.2.20, section 
58 (Emission Reduction Credits), and section 59 (Emission Offsets), 
excluding subsection 59.2 (``Local Offset Requirements'').

[[Page 457]]

    (54) The following plan revision was submitted on November 20, 2003 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Nevada Administrative Code section 445B.22083, adopted March 3, 
1994 (effective March 29, 1994), by the State Environmental Commission.
    (55) The following plan revision and regulations were submitted on 
August 5, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Board of Health.
    (1) Rules 040.031 and 040.032, adopted on February 27, 2002.
    (2) Regulation 040.030 adopted on July 26, 2002.
    (56) The following regulations and statutes were submitted on 
January 12, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) The following sections of the Nevada Air Quality Regulations 
were adopted on the dates listed below and recodified as Chapter 445B of 
the Nevada Administrative Code in November 1994:
    (i) September 16, 1976: 445B.002, 445B.009, 445B.022, 445B.042, 
445B.047, 445B.053, 445B.080, 445B.086, 445B.091, 445B.095, 445B.106, 
445B.121, 445B.122, 445B.127, 445B.129, 445B.144, 445B.161, 445B.163, 
445B.167, 445B.174, 445B.176, 445B.185, 445B.198, 445B.205, 445B.207, 
445B.2204, and 445B.2209.
    (ii) November 8, 1977: 445B.168.
    (iii) September 12, 1978: 445B.125.
    (2) The following sections of Chapter 445 of the Nevada 
Administrative Code were adopted on the dates listed below and 
recodified as Chapter 445B of the Nevada Administrative Code in November 
1994:
    (i) August 19, 1982: 445B.004 and 445B.060.
    (ii) September 3, 1987: 445B.018, 445B.030, 445B.051, 445B.072, 
445B.097, 445B.119, 445B.151, and 445B.209.
    (iii) August 29, 1990: 445B.073.
    (iv) November 18, 1991: 445B.135.
    (v) November 3, 1993: 445B.055, 445B.056, and 445B.061.
    (vi) March 3, 1994: 445B.075, 445B.103, 445B.109, and 445B.182.
    (3) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed below:
    (i) October 3, 1995: 445B.005, 445B.059, 445B.077, 445B.112, 
445B.116, 445B.130, 445B.145, 445B.152, 445B.177, 445B.180, 445B.22037, 
and 445B.227.
    (ii) January 22, 1998: 445B.011, 445B.0425, 445B.058, 445B.22027, 
and 445B.22033.
    (iii) September 9, 1999: 445B.2203 and 445B.22047.
    (iv) May 10, 2001: 445B.113 and 445B.1135.
    (v) September 18, 2001: 445B.006.
    (vi) February 26, 2004: 445B.22067, 445B.2207, and 445B.22097.
    (vii) August 19, 2004: 445B.001, 445B.211, 445B.22043, 445B.2205, 
and 445B.230.
    (viii) October 4, 2005: 445B.22017 (effective April 1, 2006) and 
445B.2202 (effective April 1, 2006).
    (4) Title 40, Chapter 445B of Nevada Revised Statutes (2003): 
Sections 445B.105, 445B.110, 445B.115, 445B.120, 445B.125, 445B.130, 
445B.135, 445B.140, 445B.145, 445B.150, 445B.155, 445B.210, 445B.220, 
445B.225, 445B.235, 445B.245, 445B.275, 445B.280, 445B.300, 445B.320, 
445B.500, 445B.510, 445B.520, 445B.530, 445B.540, 445B.560, and 
445B.595.
    (5) The following sections of the Nevada Air Quality Regulations 
were adopted on the dates listed below and recodified as Chapter 445B of 
the Nevada Administrative Code in November 1994:
    (i) September 16, 1976: 445B.134, 445B.257, 445B.258, 445B.259, 
445B.260, 445B.261, and 445B.263.
    (6) The following sections of Chapter 445 of the Nevada 
Administrative Code were adopted on the dates listed below and 
recodified as Chapter 445B of the Nevada Administrative Code in November 
1994:
    (i) April 26, 1984: 445B.265.
    (ii) November 3, 1993: 445B.084.
    (iii) March 3, 1994: 445B.202.
    (7) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed below:
    (i) October 3, 1995: 445B.015, 445B.062, and 445B.256.
    (ii) August 22, 2000: 445B.264.

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    (iii) September 18, 2003: 445B.262 and 445B.267.
    (iv) October 4, 2005: 445B.063, 445B.153, and 445B.22093.
    (8) Title 40, Chapter 445B of Nevada Revised Statutes (NRS)(2003): 
Sections 445B.200, 445B.205, 445B.230, 445B.240, 445B.340, 445B.350, 
445B.360, 445B.450, 445B.460, 445B.570, 445B.580, 445B.600, 445.610, and 
445.640.
    (9) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed in paragraph 
(c)(56)(i)(A)(9) of this section:
    (i) September 18, 2003: 445B.252.
    (57) The following plan revision was submitted on February 14, 2006, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Carbon Monoxide State Implementation Plan Revision, Las Vegas 
Valley Nonattainment Area, Clark County, Nevada, adopted on October 4, 
2005 by the Clark County Board of Commissioners (with the exception of 
section 7.3 (page 7-2), ``Mobile Source Emissions Budget'').
    (58) The following plan revision was submitted on May 12, 2006, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Section 7.3 (page 7-2), ``Mobile Source Emissions Budget'' of 
the Carbon Monoxide State Implementation Plan Revision, Las Vegas Valley 
Nonattainment Area, Clark County, Nevada, adopted on May 2, 2006 by the 
Clark County Board of Commissioners.
    (59) The following statute was submitted on March 24, 2006, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Title 0, Preliminary Chapter-General Provisions, of Nevada 
Revised Statutes: Section 0.039, effective April 29, 1985.
    (60) The following plan revision was submitted on January 23, 2003, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Sections 90 and 92, adopted June 22, 2000 by the Clark County 
Board of Commissioners, and amended on December 17, 2002.
    (61) The following plan revision was submitted on March 26, 2003, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Section 93, adopted on June 22, 2000 by the Clark County Board 
of Commissioners and amended on March 4, 2003; Section 94, adopted on 
June 22, 2000 by the Clark County Board of Commissioners and amended on 
March 18, 2003; and, the ``Construction Activities Dust Control 
Handbook'', adopted June 22, 2000 by the Clark County Board of 
Commissioners and amended on March 18, 2003.
    (62) The following plan revision was submitted on December 8, 2006, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on September 6, 2006: 445B.134, 
445B.230, 445B.258, 445B.259, and 445B.260.
    (63) New or amended regulations were submitted on May 5, 2006, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department.
    (1) Rules 010.117, 040.005, and 040.051, revised on February 23, 
2006, and Rule 050.001, adopted on March 23, 2006.
    (64) The following plan was submitted on February 5, 2007 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Nevada State Implementation Plan for Interstate Transport to 
Satisfy the Requirements of Clean Air Act 110(a)(2)(D)(i) for the 8-hour 
Ozone and PM2.5 NAAQS Promulgated in July 1997 (January 31, 
2007), adopted by the Nevada Division of Environmental Protection on 
February 5, 2007.

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    (65) The following plan was submitted on May 30, 2007 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department, Air Quality Management 
Division.
    (1) Maintenance Plan for the Washoe County 8-Hour Ozone Attainment 
Area (April 2007), Washoe County District Health Department, excluding 
appendices.
    (66) The following plan revision was submitted on June 26, 2007 by 
the Governor's designee. All section citations listed below refer to the 
January 2007 codification of chapter 445B of the Nevada Administrative 
Code as published by the Nevada Legislative Counsel Bureau.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) The following section of the Nevada Air Quality Regulations was 
adopted on the date listed below and recodified as Chapter 445B of the 
Nevada Administrative Code in November 1994:
    (i) September 16, 1976, effective date December 4, 1976: 445B.172, 
``Six-Minute Period defined.''
    (2) The following section of Chapter 445 of the Nevada 
Administrative Code was adopted on the date listed below and recodified 
as Chapter 445B of the Nevada Administrative Code in November 1994:
    (i) November 3, 1993: 445B.190, ``Stop order defined.''
    (3) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed below:
    (i) October 3, 1995: 445B.225, ``Prohibited conduct: Concealment of 
emissions;'' and 445B.229, ``Hazardous emissions: Order for reduction or 
discontinuance.''
    (ii) August 19, 2004, effective date September 24, 2004: 445B.001, 
``Definitions;'' 445B.22043, ``Sulfur emissions: Exceptions for 
stationary sources;'' and 445B.2205, ``Sulfur emissions: Other processes 
which emit sulfur.''
    (iii) October 4, 2005: 445B.063, ``Excess emissions defined;'' 
445B.153, ``Regulated air pollutant defined;'' 445B.22017, ``Visible 
emissions: Maximum opacity; determination and monitoring of opacity;'' 
445B.2202, ``Visible emissions: Exceptions for stationary sources;'' and 
445B.22093, ``Organic solvents and other volatile compounds.''
    (iv) March 8, 2006: 445B.275, ``Violations: Acts constituting; 
notice;'' and 445B.277, ``Stop orders.''
    (v) September 6, 2006: 445B.220, ``Severability.''
    (4) Nevada Revised Statutes (NRS) (2003), chapter 445B, section 
445B.310 (``Limitations on enforcement of federal and state regulations 
concerning indirect sources'').
    (67) New or amended regulations were submitted on August 20, 2007 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Nevada Administrative Code (January 2007 codification by the 
Legislative Counsel Bureau) section 445B.22083, ``Construction, major 
modification or relocation of plants to generate electricity using steam 
produced by burning of fossil fuels;'' and section 445B.250, 
``Notification of Director: Construction, reconstruction and initial 
start-up; demonstration of continuous monitoring system performance;'' 
adopted by the State Environmental Commission on October 4, 2005.
    (68) The following plan revision was submitted on June 3, 1994 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) State Implementation Plan for a Basic Program for the Inspection 
and Maintenance of Motor Vehicles for the Truckee Meadows Planning Area, 
Nevada (June 1994), including the cover page through page 9.
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.
    (1) State Implementation Plan for a Basic Program for the Inspection 
and Maintenance of Motor Vehicles for the Truckee Meadows Planning Area, 
Nevada (June 1994), appendix 1, appendix 2 (only the certificate of 
compliance and Nevada attorney general's opinion), and appendices 3, 6, 
8, and 10.

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    (69) The following plan revision was submitted on November 4, 2005 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department.
    (1) Rule 040.095, ``Oxygen content of motor vehicle fuel,'' revised 
on September 22, 2005.
    (i) Washoe County District Board of Health Meeting, September 22, 
2005, Public Hearing--Amendments--Washoe County District Board of Health 
Regulations Governing Air Quality Management; to Wit: Rule 040.095 
(Oxygen Content of Motor Vehicle Fuel).
    (2) Redesignation Request and Maintenance Plan for the Truckee 
Meadows Carbon Monoxide Non-Attainment Area (September 2005), excluding 
appendices B, C, and D.
    (70) The following plan revision was submitted on November 2, 2006 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department.
    (1) Basic I/M Performance Standard, excluding appendices A through 
D.
    (i) Washoe County District Board of Health Meeting, September 28, 
2006, Public Hearing--State Implementation Plan (SIP)--``Basic Program--
Inspection and Maintenance (I/M) of Motor Vehicles--Truckee Meadows 
Planning Area, Nevada;'' to Wit: Basic Inspection and Maintenance (I/M) 
Performance Standard.
    (ii) Additional material.
    (A) Washoe County District Health Department.
    (1) Basic I/M Performance Standard, appendices A through D.
    (71) The following plan revision was submitted on May 11, 2007 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) New or amended statutes related to mobile sources, including 
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Revised Statutes (2005), 
chapter 365, section 365.060, ``Motor vehicle fuel defined;'' chapter 
366, section 366.060, ``Special fuel defined;'' chapter 445B, sections 
445B.210, ``Powers of Commission,'' 445B.700, ``Definitions,'' 445B.705, 
``Approved inspector defined,'' 445B.710, ``Authorized inspection 
station defined,'' 445B.715, ``Authorized maintenance station defined,'' 
445B.720, ``Authorized station defined,'' 445B.725, ``Commission 
defined,'' 445B.730, ``Evidence of compliance defined,'' 445B.735, 
``Fleet station defined,'' 445B.737, ``Heavy-duty motor vehicle 
defined,'' 445B.740, ``Light-duty motor vehicle defined,'' 445B.745, 
``Motor vehicle defined,'' 445B.747, ``Motor vehicle fuel defined,'' 
445B.750, ``Passenger car defined,'' 445B.755, ``Pollution control 
device defined,'' 445B.757, ``Special fuel defined,'' 445B.758, ``Used 
motor vehicle defined,'' 445B.759, ``Inapplicability to military 
tactical vehicles,'' 445B.760, ``Authority of Commission to prescribe 
standards for emissions from mobile internal combustion engines; 
trimobiles; standards pertaining to motor vehicles to be approved by 
Department of Motor Vehicles,'' 445B.765, ``Information concerning 
program for control of emissions from motor vehicles: Collection, 
interpretation and correlation; public inspection,'' 445B.770, 
``Regulations of Commission: Control of emissions from motor vehicles; 
program for inspection and testing of motor vehicles,'' 445B.775, 
``Regulations of Commission: Requirements for licensing of stations by 
Department of Motor Vehicles,'' 445B.780, ``Program for regulation of 
emissions from heavy-duty motor vehicles; equipment used to measure 
emissions; waiver from requirements of program,'' 445B.785, 
``Regulations of Department of Motor Vehicles: Licensing of stations; 
performance of inspection and issuance of evidence of compliance; 
diagnostic equipment; fee, bond or insurance; informational pamphlet; 
distribution,'' 445B.790, ``Regulations concerning inspection of 
stations; grounds for denial, suspension or revocation of license of 
inspector or station,'' 445B.795, ``Compulsory program for control of 
emissions: Limitations,'' 445B.798, ``Authority of Department of Motor 
Vehicles, in larger counties, to conduct test of emissions from motor 
vehicle being operated on highway,'' 445B.800, ``Evidence of compliance: 
Requirements for registration, sale or long-term lease of used vehicles 
in certain counties,''

[[Page 461]]

445B.805, ``Evidence of compliance: Exemptions from requirements,'' 
445B.810, ``State Department of Conservation and Natural Resources to 
provide assistance,'' 445B.815, ``Evidence of compliance: Duty of 
employees and agents of Department of Motor Vehicles; submission by 
owner or lessee of fleet,'' 445B.820, ``Installation and inspection of 
pollution control device,'' 445B.825, ``Exemption of certain classes of 
motor vehicles; waiver from provisions of NRS 445B.770 to 445B.815, 
inclusive,'' 445B.830, ``Fees to be paid to Department of Motor 
Vehicles; Pollution Control Account; expenditure of money in Account; 
quarterly distributions to local governments; annual reports by local 
governments; grants; creation and duties of advisory committee; 
submission and approval of proposed grants,'' 445B.832, ``Surcharge for 
electronic transmission of information: Authority to impose; inclusion 
as separate entry on form certifying emission control compliance; 
definition,'' 445B.834, ``Additional fee for form certifying emission 
control compliance: Retention of portion of fee by station performing 
inspection; definition,'' 445B.835, ``Administrative fine; hearing; 
additional remedies to compel compliance,'' 445B.840, ``Unlawful acts,'' 
and 445B.845, ``Criminal penalty; enforcement of provisions by peace 
officer; mitigation of offense;'' chapter 481, sections 481.019, 
``Creation; powers and duties,'' 481.023, ``Administration of laws by 
Department; exceptions,'' 481.027, ``General functions of Department of 
Motor Vehicles and Department of Transportation respecting state 
highways,'' 481.031, ``Office of Director of Department created,'' 
481.035, ``Director of Department: Appointment; classification; other 
employment prohibited; employment of deputies and staff,'' 481.047, 
``Appointment of personnel,'' 481.0473, ``Divisions of Department,'' 
481.0475, ``Duties of Administrative Services Division,'' 481.048, 
``Division of Compliance Enforcement: Appointment and duties of 
investigators,'' 481.0481, ``Section for Control of Emissions From 
Vehicles and Enforcement of Matters Related to Use of Special Fuel: 
Creation; appointment and duties of investigators, officers and 
technicians,'' 481.051, ``Powers and duties of Director: Generally,'' 
481.0515, ``Powers and duties of Director: References to names of 
persons in documents and records,'' 481.052, ``Powers and duties of 
Director: Adoption of definition of `seasonal resident' by regulation,'' 
481.0535, ``Powers and duties of Director: Expenditure of appropriations 
to assist certain entities to purchase and obtain evidence; receipt and 
safekeeping of money,'' 481.055, ``Department to keep main office in 
Carson City; maintenance of branch offices,'' 481.057, ``Offices of 
Department: Extended hours of operation,'' 481.063, ``Collection and 
deposit of fees for publications of Department and private use of files 
and records of Department; limitations on release and use of files and 
records; regulations,'' 481.065, ``Acceptance of donations for programs 
for traffic safety,'' 481.079, ``Money collected to be deposited in 
Motor Vehicle Fund; exception; dishonored payments; adjustment of 
deposits,'' 481.081, ``Arrearage in tax, fee or assessment administered 
by Department: Department authorized to file certificate; certificate as 
lien; extension of lien,'' 481.082, ``Arrearage in tax, fee or 
assessment administered by Department: Release or subordination of lien; 
certificate issued by Department as conclusive evidence,'' 481.083, 
``Money for administration of chapter; claims,'' and 481.087, 
``Administrative expenses deemed cost of administration of operation of 
motor vehicles on public highways;'' chapter 482, sections 482.029, 
``Electric personal assistive mobility device defined,'' 482.155, 
``Enforcement of provisions of chapter by Department, its officers and 
peace officers,'' 482.160, ``Administrative regulations; branch offices; 
appointment of agents and designation of county assessor as agent; 
compensation of certain agents,'' 482.162, ``Department to adopt 
regulations setting forth criteria for determination of whether person 
is farmer or rancher; presentation of evidence to Department,'' 482.165, 
``Director to provide forms,'' 482.170, ``Records of Department 
concerning registration and licensing,'' 482.171, ``List of registered 
owners to be provided for selection of jury; reimbursement of 
Department,'' 482.173, ``Schedule for retention and disposition of 
certain records of

[[Page 462]]

Department,'' 482.175, ``Validity of registration: Powers and duties of 
Department and registered dealers,'' 482.180, ``Motor Vehicle Fund: 
Creation: deposits; interest and income; dishonored payments; 
distribution of money collected for basic governmental services tax; 
transfers,'' 482.1805, ``Revolving Account for Issuance of Special 
License Plates: Creation; deposit of certain fees; use of money in 
Account; transfer of excess balance to State Highway Fund,'' 482.181, 
``Governmental services taxes: Certification of amount collected each 
month; distribution,'' 482.183, ``Motor Vehicle Revolving Account: 
Creation; use; deposits,'' 482.186, ``Certain odometers deemed to 
register mileage reflected on odometer plus 100,000 miles,'' 482.187, 
``Department authorized to enter into written agreements for periodic 
payment of delinquent taxes or fees; regulations,'' 482.188, ``Waiver of 
penalty or interest for failure timely to file return or pay tax, 
penalty or fee in certain circumstances,'' 482.205, ``Registration 
required for certain vehicles,'' 482.206, ``Periods of registration for 
motor vehicles; exceptions,'' 482.208, ``Registration of leased vehicles 
by long-term lessor or long-term lessee,'' 482.210, ``Exemptions from 
registration,'' 482.215, ``Application for registration,'' 482.216, 
``Department may authorize new vehicle dealer to accept applications for 
registration and transfer of registration of new motor vehicles and to 
issue certificates of registration; duties of dealer; prohibited acts; 
regulations,'' 482.220, ``Application for specially constructed, 
reconstructed, rebuilt or foreign vehicle; certificate of inspection; 
charge for inspection,'' 482.225, ``Collection of sales or use tax upon 
application for registration of certain vehicles purchased outside this 
State; payment of all applicable taxes and fees required for 
registration; refund of tax erroneously or illegally collected,'' 
482.230, ``Grounds requiring refusal of registration,'' 482.235, 
``Registration indexes and records; assignment of registration number by 
registered dealer,'' 482.240, ``Issuance of certificates of registration 
and title by Department or registered dealer; period of validity of 
certificate,'' 482.245, ``Contents of certificates of registration and 
title,'' 482.255, ``Placement of certificate of registration; surrender 
upon demand of peace officer, justice of the peace or deputy of 
Department; limitation on conviction,'' 482.260, ``Duties of Department 
of Motor Vehicles and its agents relative to registration of vehicle; 
issuance of certificate of title; fees and taxes,'' 482.265, ``License 
plates issued upon registration; stickers, tabs or other devices issued 
upon renewal of registration; return of plates; fee for and limitations 
on issuance of special license plates,'' 482.266, ``Manufacture of 
license plates substantially similar to license plates issued before 
January 1, 1982: Written request; fee; delivery; duties of Department; 
retention of old plates authorized if requested plates contain same 
letters and numbers,'' 482.267, ``License plates: Production at facility 
of Department of Corrections,'' 482.268, ``License plates: Additional 
fee for issuance; deposit of fee,'' 482.270, ``License plates: General 
specifications; redesign; configuration of special license plates 
designed, prepared and issued pursuant to process of direct application 
and petition,'' 482.2703, ``License plates: Samples; form; fee; 
penalty,'' 482.2705, ``License plates: Passenger cars and trucks,'' 
482.271, ``License plates: Decals; fees,'' 482.2715, ``License plates: 
Registrant entitled to maintain code if continuously renewed; 
exceptions; issuance of replacement plates with same code after 
expiration of registration; fee,'' 482.2717, ``License plates to be 
issued to automobile wreckers and operators of salvage pools,'' 482.272, 
``License plates: Motorcycles,'' 482.274, ``License plates: Trailers,'' 
482.275, 
``License plates: Display,'' 482.280, 
``Expiration and renewal of registration,'' 482.2805, ``Department not 
to renew registration if local authority has filed notice of nonpayment 
pursuant to NRS 484.444; fee for service performed by Department,'' 
482.2807, ``Requirements for registration if local government has filed 
notice of nonpayment pursuant to NRS 484.444,'' 482.281, ``Authority of 
Department of Motor Vehicles to allow authorized inspection station or 
authorized station to renew certificates of registration; adoption of 
regulations,'' 482.283, ``Change of name or place of residence:

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Notice to Department required; timing and contents of notice,'' 482.285, 
``Certificates, decals and number plates: Illegibility, loss, mutilation 
or theft; obtaining of duplicates or substitutes; fees and taxes,'' 
482.290, ``Assignment and recording of new number for identification of 
vehicle if old number destroyed or obliterated; fee; penalty for willful 
defacement, alteration, substitution or removal of number with intent to 
defraud,'' 482.385, ``Registration of vehicle of nonresident owner not 
required; exceptions; registration of vehicle by person upon becoming 
resident of this State; penalty; taxes and fees; surrender or 
nonresident license plates and registration certificate; citation for 
violation,'' 482.461 ``Failure of mandatory test of emissions from 
engines; notification; cost of inspection,'' 482.565, ``Administrative 
fines for violations other than deceptive trade practices; injunction or 
other appropriate remedy; enforcement proceedings;'' and chapter 484, 
sections 484.101, ``Passenger car defined,'' 484.644, ``Device for 
control of pollution: Use required; disconnection or alteration 
prohibited; exceptions,'' and 484.6441, ``Device for control of 
pollution: Penalty; proof of conformity may be required.''
    (2) New or amended rules related to mobile sources, including 
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Administrative Code, chapter 
445B (January 2007 revision by the Legislative Counsel Bureau), sections 
445B.400, ``Scope,'' 445B.401, ``Definitions,'' 445B.403, ``Approved 
inspector defined,'' 445B.4045, ``Authorized inspection station 
defined,'' 445B.405, ``Authorized station defined,'' 445B.408, ``Carbon 
monoxide defined,'' 445B.409, ``Certificate of compliance defined,'' 
445B.4092, ``Certified on-board diagnostic system defined,'' 445B.4096, 
``Class 1 approved inspector defined,'' 445B.097, ``Class 1 fleet 
station defined,'' 445B.098, ``Class 2 approved inspector defined,'' 
445B.4099, ``Class 2 fleet station defined,'' 445B.410, ``CO2 
defined,'' 445B.411, ``Commission defined,'' 445B.413, ``Department 
defined,'' 445B.415, ``Director defined,'' 445B.416, ``Emission 
defined,'' 445B.418, ``EPA defined,'' 445B.419, ``Established place of 
business defined,'' 445B.420, ``Evidence of compliance defined,'' 
445B.421, ``Exhaust emissions defined,'' 445B.422, ``Exhaust gas 
analyzer defined,'' 445B.424, ``Fleet station defined,'' 445B.4247, 
``Gross vehicle weight rating defined,'' 445B.426, ``Heavy-duty motor 
vehicle defined,'' 445B.427, ``Hydrocarbon defined,'' 445B.428, ``Hz 
defined,'' 445B.432, ``Light-duty motor vehicle defined,'' 445B.433, 
``Mini motor home defined,'' 445B.434, ``Motor home defined,'' 445B.435, 
``Motor vehicle defined,'' 445B.440, ``New motor vehicle defined,'' 
445B.442, ``Opacity defined,'' 445B.443, ``Person defined,'' 445B.444, 
``ppm defined,'' 445B.449, ``Smoke defined,'' 445B.450, ``Special mobile 
equipment defined,'' 445B.451, ``Standard defined,'' 445B.4515, ``State 
electronic data transmission system defined,'' 445B.452, ``Tampering 
defined,'' 445B.4525, ``Test station defined,'' 445B.453, ``Truck 
defined,'' 445B.454, ``Used motor vehicle defined,'' 445B.455, ``Van 
conversion defined,'' 445B.4553, ``Vehicle inspection report defined,'' 
445B.4556, ``Vehicle inspection report number defined,'' 445B.456, 
``Severability,'' 445B.460, ``Test station: License required to operate; 
expiration of license; ratings; performance of certain services; 
prohibited acts; location,'' 445B.461, 
``Compliance by Federal Government, state agencies and political 
subdivisions,'' 445B.462, ``Test station: Application for license to 
operate; inspection of premises; issuance of license,'' 445B.463, ``Test 
station: Grounds for denial, revocation or suspension of license; 
reapplication; permanent revocation of license,'' 445B.464, ``Test 
station: Hearing concerning denial, suspension or revocation of 
license,'' 445B.465, ``Authorized station or authorized inspection 
station: Requirements for bond or deposit,'' 445B.466, ``Authorized 
station or authorized inspection station: Liability under bond or 
deposit; suspension and reinstatement of licenses,'' 445B.467, 
``Authorized station or authorized inspection station: Disbursement, 
release or refund of bond or deposit,'' 445B.468, ``Authorized stations 
and authorized inspection stations: Scope of coverage of bond or 
deposit,'' 445B.469, ``Authorized station or authorized inspection 
station: Posting of signs and placards,''

[[Page 464]]

445B.470, ``Test station: Display of licenses; availability of reference 
information,'' 445B.471, ``Test station: Advertising; provision by 
Department of certain informational material for public,'' 445B.472, 
``Test station: Records of inspections and repairs; inspection of place 
of business; audit of exhaust gas analyzers,'' 445B.473, ``Test station: 
Notice of wrongfully distributed or received vehicle inspection reports; 
inventory of vehicle inspection reports,'' 445B.474, ``Test station: 
Failure to employ approved inspector,'' 445B.475, ``Authorized station 
or class 2 fleet station: Requirements for employees,'' 445B.476, ``Test 
station: Willful failure to comply with directive; suspension of 
license; reapplication after revocation of license,'' 445B.478, ``Fleet 
station: Licensing; powers and duties,'' 445B.480, ``Test station: 
Requirements concerning business hours,'' 445B.485, ``Prerequisites to 
licensing,'' 445B.486, ``Examination of applicants for licensing,'' 
445B.487, ``Denial of license,'' 445B.489, ``Grounds for denial, 
suspension or revocation of license,'' 445B.490, ``Hearing on suspension 
or revocation of license,'' 445B.491, ``Temporary suspension or refusal 
to renew license,'' 445B.492, ``Duration of suspension; surrender of 
license,'' 445B.493, ``Limitation on reapplication after revocation or 
denial or license; surrender of revoked license; permanent revocation of 
license,'' 445B.495, ``Contents of license,'' 445B.496, ``Expiration of 
license,'' 445B.497, ``Requirements for renewal of license,'' 445B.498, 
``Performance of emission inspection without license prohibited; 
expiration of license; license ratings,'' 445B.4983, ``Issuance of 
access code to approved inspector; use of access code and identification 
number,'' 445B.4985, ``Violations,'' 445B.499, ``Fees,'' 445B.501, 
``Report of change in place of employment or termination of 
employment,'' 445B.502, ``Submission of certificate of employment to 
report change,'' 445B.5049, ``Connection to state electronic data 
transmission system,'' 445B.505, ``Availability of list of approved 
analyzers and their specifications,'' 445B.5052, ``Approved analyzer: 
Use and equipment; deactivation by Department,'' 445B.5055, ``Revocation 
of approval of analyzer,'' 445B.5065, 
``Manufacturer of approved analyzer: Required warranty,'' 445B.5075, 
``Manufacturer of approved analyzer: Required services; administrative 
fine for violations,'' 445B.575, ``Device to control pollution: General 
requirement; alteration or modification,'' 445B.576, ``Vehicles powered 
by gasoline or diesel fuel: Restrictions on visible emissions and on 
idling of diesel engines,'' 445B.577, ``Devices used on stationary 
rails: Restrictions on visible emissions,'' 445B.578, ``Exceptions to 
restrictions on visible emissions,'' 445B.579, ``Inspection of vehicle: 
Devices for emission control required,'' 445B.580, ``Inspection of 
vehicle: Procedure for certain vehicles with model year of 1995 or older 
and heavy-duty vehicles with model year of 1996 or newer,'' 445B.5805, 
``Inspection of vehicle: Procedure for light-duty vehicles with model 
year of 1996 or newer,'' 445B.581, ``Inspection of vehicle: Place and 
equipment for performance,'' 445B.5815, ``Inspection of vehicle: 
Certified on-board diagnostic systems,'' 445B.582, ``Repair of vehicle; 
reinspection or testing,'' 445B.583, ``Evidence of compliance: Purpose; 
records,'' 445B.584, ``Evidence of compliance: Purchase of vehicle 
inspection report numbers,'' 445B.585, ``Evidence of compliance: 
Issuance by approved inspector,'' 445B.586, ``Evidence of compliance: 
Return of fee,'' 445B.587, ``Test of light-duty motor vehicles powered 
by diesel engines: Equipment for measurement of smoke opacity,'' 
445B.588, ``Testing of light-duty motor vehicles powered by diesel 
engines: List of approved equipment,'' 445B.589, ``Testing of light-duty 
motor vehicles powered by diesel engines: Procedure; certificate of 
compliance; effect of failure; lack of proper fuel cap,'' 445B.5895, 
``Dissemination of list of authorized stations,'' 445B.590, ``Waiver of 
standards for emissions,'' 445B.591, ``Form for registration of vehicle 
in area where inspection of vehicle not required,'' 445B.5915, 
``Requirements for registration of vehicle temporarily being used and 
maintained in another state,'' 445B.592, ``Applicability of certain 
standards for emissions and other requirements,'' 445B.593, ``Evidence 
of compliance required for certain vehicles based in Clark County,'' 
445B.594, ``Evidence of compliance required for certain vehicles based 
in Washoe County,'' 445B.595

[[Page 465]]

(excluding subsection(2)), ``Inspections of vehicles owned by State or 
political subdivisions or operated on federal installations,'' 445B.596, 
``Standards for emissions,'' 445B.598, ``Imposition and statement of fee 
for inspection and testing; listing of stations and fees,'' 445B.599, 
``Prescription and notice of maximum fees for inspections and testing,'' 
445B.600, ``Procedure for setting new fee,'' 445B.601, ``Concealment of 
emissions prohibited,'' 445B.6115, ``Exemption of vehicle from certain 
provisions,'' 445B.6125, ``Certification of vehicle for exemption,'' 
445B.7015, ``Annual and additional inspections,'' 445B.7025, 
``Alteration of emission control system of vehicle used to conduct 
inspection,'' 445B.7035, ``Preliminary written notice of violation; 
reinspection of vehicle,'' 445B.7045, ``Administrative fines and other 
penalties for certain violations,'' 445B.727, ``Administrative fines and 
other penalties,'' and 445B.735, ``Program for licensure to install, 
repair and adjust devices for control of emissions.''
    (3) Previously approved on July 3, 2008, in paragraph 
(c)(71)(i)(A)(2) of this section and now deleted from the SIP without 
replacement: Nevada Administrative Code (NAC) section: 445B.461(3)(d).
    (4) New or amended rules related to mobile sources, including 
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Administrative Code, chapter 
445B (January 2007 revision by the Legislative Counsel Bureau), 
paragraphs (a), (b), and (c) of subsection (2) of section 445B.595, 
``Inspections of vehicles owned by State or political subdivisions or 
operated on federal installations.''
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.
    (1) Correspondence dated March 6, 2007 from the Nevada Department of 
Motor Vehicles to the Nevada Division of Environmental Protection 
describing an upgrade to the NV2000 emission analyzer to make emissions 
testing possible on motor vehicles containing a certified on-board 
diagnostic system which uses controller area network communication.
    (72) The following plan revision was submitted on April 1, 2008, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Clark County Transportation Conformity Plan (January 2008), 
adopted by the Clark County Board of County Commissioners on January 15, 
2008.
    (73) The following plan revision was submitted on September 18, 
2008, by the Governor's designee.
    (i) [Reserved]
    (ii) Additional material.
    (A) Resolution of the Clark County Board of Commissioners Adopting 
the Clark County Carbon Monoxide Redesignation Request and Maintenance 
Plan, adopted by the Clark County Board of Commissioners on September 2, 
2008.
    (B) Carbon Monoxide Redesignation Request and Maintenance Plan, Las 
Vegas Valley Nonattainment Area, Clark County, Nevada (September 2008), 
adopted by the Clark County Board of Commissioners on September 2, 2008 
(excluding the appendices).
    (74) The following plan revision was submitted on March 26, 2010 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Clark County Board of County Commissioners, Ordinance No. 3809, 
``An Ordinance to Suspend the Applicability and Enforceability of All 
Provisions of Clark County Air Quality Regulation Section 54, the 
Cleaner Burning Gasoline Wintertime Program; and Provide for Other 
Matters Properly Relating Thereto,'' adopted September 15, 2009, 
effective (for state purposes) on September 29, 2009.
    (B) Nevada Department of Agriculture.
    (1) Nevada Board of Agriculture, Adopted Regulation of the State 
Board of Agriculture LCB File No. R111-08, including an amended version 
of Nevada Administrative Code (NAC) section 590.065, effective (for 
state purposes) on January 28, 2010, (excluding newly designated 
subsection (7) of NAC section 590.065).

[[Page 466]]

    (75) The following plan revision was submitted on August 30, 2010, 
by the Governor's designee.
    (i) [Reserved]
    (ii) Additional material.
    (A) Letter from Anthony Lesperance, Director, Nevada Department of 
Nevada, to Lewis Wallenmeyer, Director, Clark County Department of Air 
Quality and Environmental Management, dated June 22, 2010, setting forth 
the Nevada Department of Agriculture's commitment to seek reinstatement 
of the Low RVP wintertime gasoline requirement in Clark County if 
necessary under the Las Vegas Valley Carbon Monoxide Maintenance Plan to 
address future carbon monoxide violations.

[37 FR 10878, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1490, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1491  Interstate transport.

    (a) Approval. On February 7, 2007, the Nevada Division of 
Environmental Protection submitted the ``Nevada State Implementation 
Plan for Interstate Transport to Satisfy the Requirements of the Clean 
Air Act 110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 NAAQS 
Promulgated in July 1997'' (``2007 Interstate Transport SIP''). The 2007 
Interstate Transport SIP meets the requirements of Clean Air Act section 
110(a)(2)(D)(i) for the 1997 8-hour ozone and 1997 PM2.5 
NAAQS other than the requirements of Clean Air Act section 
110(a)(2)(D)(i)(II) regarding interference with other states' measures 
to protect visibility.
    (b) Approval. The requirements of Clean Air Act section 
110(a)(2)(D)(i)(II) regarding interference with other states' measures 
to protect visibility for the 1997 8-hour ozone and 1997 
PM2.5 NAAQS are met by the ``Nevada Regional Haze State 
Implementation Plan,'' as supplemented and amended on February 18, 2010 
and September 20, 2011.

[77 FR 17341, Mar. 26, 2012]



                        Subpart EE_New Hampshire



Sec. 52.1519  Identification of plan--conditional approval.

    (a) The following plan revisions were submitted on the dates 
specified.
    (1) On January 12, 1993, the New Hampshire Department of 
Environmental Services submitted a small business stationary source 
technical and environmental compliance assistance program (PROGRAM). On 
May 19, 1994, New Hampshire submitted a letter deleting portions of the 
January 12, 1993 submittal. In these submissions, the State commits to 
designate a state agency to house the small business ombudsman and to 
submit adequate legal authority to establish and implement a compliance 
advisory panel and a small business ombudsman. Additionally, the State 
commits to have a fully operational PROGRAM by November 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated January 12, 1993 submitting a revision to the New 
Hampshire State Implementation Plan.
    (B) State Implementation Plan Revision for a Small Business 
Technical and Environmental compliance Assistance Program dated January 
12, 1993.
    (C) Letter from the New Hampshire Department of Environmental 
Services dated May 19, 1994 revising the January 12, 1993 submittal.
    (ii) Additional materials.
    (A) Non-regulatory portions of the State submittal.
    (2) [Reserved]
    (3) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on April 3, 2008, with a supplement submitted on July 3, 2012, 
is conditionally approved for Clean Air Act (CAA) elements 110(a)(2)(A), 
(C) only as it relates to the PSD program, (D)(i)(II) only as it relates 
to the PSD program, (E)(ii), and (J) only as it relates to the PSD 
program. This conditional approval is contingent upon New Hampshire 
taking actions to meet requirements of these elements within one year of 
conditional approval, as committed to in a letter from the state to EPA 
Region 1 dated June 29, 2012.

[[Page 467]]

    (4) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on September 18, 2009, with a supplement submitted on July 3, 
2012, is conditionally approved for CAA elements 110(a)(2)(A), (C) only 
as it relates to the PSD program, (D)(i)(II) only as it relates to the 
PSD program, (E)(ii), and (J) only as it relates to the PSD program. 
This conditional approval is contingent upon New Hampshire taking 
actions to meet requirements of these elements within one year of 
conditional approval, as committed to in a letter from the state to EPA 
Region 1 dated June 29, 2012.
    (b)-(c) [Reserved]

[59 FR 50506, Oct. 4, 1994, as amended at 59 FR 51517, Oct. 12, 1994; 60 
FR 47290, Sept. 12, 1995; 66 FR 1871, Jan. 10, 2001; 77 FR 63233, Oct. 
16, 2012]



Sec. 52.1520  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for New Hampshire under section 110 of the Clean Air 
Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air 
quality standards or other requirements under the Clean Air Act.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to August 
18, 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 submitted by the state to EPA, and 
notice of any change in the material will be published in the Federal 
Register. Entries for paragraphs (c) and (d) of this section with EPA 
approval dates after August 18, 2009, will be incorporated by reference 
in the next update to the SIP compilation.
    (2) EPA Region 1 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
Implementation Plan as of August 18, 2009.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, New England Regional 
Office, 5 Post Office Square--Suite 100, Boston, MA 02109-3912; Air and 
Radiation Docket and Information Center, EPA West Building, 1301 
Constitution Ave., NW., Washington, DC 20460; and the National Archives 
and Records Administration (NARA). If you wish to obtain materials from 
the EPA Regional Office, please call (617) 918-1668; for materials from 
a docket in the EPA Headquarters Library, please call the Office of Air 
and Radiation (OAR) 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 New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State          EPA approval
          State citation              Title/subject     effective date        date\1\            Explanations
----------------------------------------------------------------------------------------------------------------
Env-A 100........................  Organizational           12/21/2010  2/6/2012, 77 FR      Added sections
                                    Rules: Definitions.                  5700.                101.35, Env-A
                                                                                              101.96, and Env-A
                                                                                              101.115.
Env-A 200........................  Procedural Rules...       7/23/2001  10/28/2002, 67 FR    Parts Env-A 206;
                                                                         65710.               208; and Sections
                                                                                              Env-A 209.01
                                                                                              through 209.04 are
                                                                                              not part of the
                                                                                              approved SIP.
Env-A 300........................  Ambient Air Quality       4/21/1989  8/19/1994, 59 FR     Part Env-A 304 is
                                    Standards.                           42766.               not part of the
                                                                                              approved SIP.
Env-A 400........................  Sulfur Content           12/24/1990  8/14/1992, 57 FR     Section Env-A
                                    Limits in Fuels.                     36603.               405.05 (c) and
                                                                                              (d); and Part Env-
                                                                                              A 406 are not part
                                                                                              of the SIP.
Env-A 600........................  Statewide Permit         12/21/2010  2/6/2012, 77 FR      Added section Env-A
                                    System.                              5700.                619.03(b)-(e).
Env-A 700........................  Permit Fee System..      12/24/1990  8/14/1992, 57 FR     Approved Parts Env-
                                                                         36603.               A 701 through 705.

[[Page 468]]

 
Env-A 800........................  Testing and          10/31/2002; 12/ 11/5/2012, 77 FR     Approved Sections
                                    Monitoring                 22/2004   66388.               Env-A 801 through
                                    Procedures.                                               806, 808 and 809
                                                                                              of New Hampshire's
                                                                                              air emission
                                                                                              testing and
                                                                                              monitoring
                                                                                              requirements.
Env-A 900........................  Owner or Operator        04/21/2007  11/5/12, 77 FR       Approved Env-A 900
                                    Obligations.                         66388.               through 906,
                                                                                              907.01(a) and
                                                                                              (b)(1) through
                                                                                              (b)(4), 907.02 and
                                                                                              .03, 908 through
                                                                                              910, and 911.01
                                                                                              through 911.04.
Env-A 1000.......................  Prevention,               5/19/1989  8/19/1994, 59 FR     Approved Part Env-A
                                    Abatement, and                       42766.               1001.
                                    Control of Open
                                    Source Air
                                    Pollution.
Env-A 1200.......................  Volatile Organic           05/26/11  11/8/12, 77 FR       Approved PART Env-A
                                    Compounds (VOCs)                     66921.               1201 through 1222
                                    Reasonably                                                for the following
                                    Available Control                                         CTG categories:
                                    Technology (RACT).                                        Fiberglass boat
                                                                                              manufacturing
                                                                                              materials; flat
                                                                                              wood paneling
                                                                                              coatings; flexible
                                                                                              package printing;
                                                                                              industrial
                                                                                              cleaning solvent;
                                                                                              metal furniture
                                                                                              coatings;
                                                                                              miscellaneous
                                                                                              industrial
                                                                                              adhesives;
                                                                                              miscellaneous
                                                                                              metal parts and
                                                                                              plastic parts
                                                                                              coatings; offset
                                                                                              lithographic
                                                                                              printing and
                                                                                              letterpress
                                                                                              printing; and
                                                                                              paper, film, and
                                                                                              foil coatings.
Env-A 1500.......................  Conformity of             4/19/1996  8/16/1999, 64 FR     Approved Part Env-A
                                    General Federal                      44417.               1502.
                                    Actions.
Env-A 2300.......................  Mitigation of                1/8/11  8/22/12, 77 FR
                                    Regional Haze.                       50607.
Env-A 2703.02(a).................  Hot Mix Asphalt           11/4/2004  8/22/2012, 77 FR     Adopted Regulation
                                    Plants.                              50608                established Hot
                                                                                              Mix Asphalt Plant
                                                                                              Requirements.
Env-A 3200.......................  NOx Budget Trading        7/27/1998  11/14/2000, 65 FR    Approved Parts Env-
                                    Program.                             68078.               A 3201 through
                                                                                              3218.
Env-A 3600.......................  National Low              7/21/1999  3/9/2000, 65 FR      Approved Parts Env-
                                    Emission Vehicle                     12476.               A 3601 through
                                    (National LEV)                                            3603
                                    Program.
Saf-C 3200.......................  Official Motor       6/22/07 and 6/  1/25/13, 78 FR 5292  EPA is approving
                                    Vehicle Inspection           20/08                        submitted
                                    Requirements.                                             subsections Saf-C
                                                                                              3201, 3202, 3203,
                                                                                              3204, 3205,
                                                                                              3206.04, 3207.01,
                                                                                              3209, 3210, 3218,
                                                                                              3220, and 3222
                                                                                              (except for
                                                                                              subsection
                                                                                              3222.04).
Saf-C 5800.......................  Roadside Diesel              1/1/99  1/25/13, 78 FR 5292  Approving submitted
                                    Opacity Inspection.                                       regulation with
                                                                                              the exception of
                                                                                              subsection Saf-C
                                                                                              5805.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (d) EPA-approved State Source specific requirements.

[[Page 469]]



                             EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
          Name of source                Permit No.           State       EPA approval date    explanations/Sec.
                                                        effective date          \2\            52.1535 citation
----------------------------------------------------------------------------------------------------------------
The James River--Berlin/Gorham,    ...................        5/2/1984  9/27/1984, 49 FR     See 52.1535(c)(33).
 Inc. Berlin, NH.                                                        38104.               Administrative
                                                                                              order issued May
                                                                                              2, 1984 to the
                                                                                              James River
                                                                                              Corporation.
Operating limits for boilers at    Permit Number PO-B-        1/6/1986  2/2/1987, 52 FR      See 52.1535(c)(35).
 Dartmouth College.                 1501, condition 5.                   3117.
Operating limits for boilers at    Permit Number PO-B-        1/6/1986  2/2/1987, 52 FR      See 52.1535(c)(35).
 Dartmouth College.                 1502, condition 5.                   3117.
Operating limits for boilers at    Permit No. PO-B-           1/6/1986  2/2/1987, 52 FR      See 52.1535(c)(35).
 Dartmouth College.                 1503, condition 5.                   3117.
Operating limits for boilers at    Temporary Permit TP-       1/6/1986  2/2/1987, 52 FR      See 52.1535(c)(35).
 Dartmouth College.                 B-150, condition                     3117.
                                    2, 3 and 4.
The James River Corporation,       Permit Number PO-B-        9/6/1985  12/14/1987, 52 FR    See 52.1535(c)(38).
 Groveton, NH.                      1550, Conditions                     47392.               The air permit
                                    5B, 5C, and 5D.                                           conditions limit
                                                                                              sulfur-in-fuel
                                                                                              content to 2.2%
                                                                                              sulfur by weight
                                                                                              at the James River
                                                                                              Corporation,
                                                                                              Groveton, NH.
The James River Corporation,       Permit Number PO-B-        9/6/1985  12/14/1987, 52 FR    See 52.1535(c)(38).
 Groveton, NH.                      213, Conditions 2                    47392.               The air permit
                                    and 5A.                                                   conditions limit
                                                                                              sulfur-in-fuel
                                                                                              content to 2.2%
                                                                                              sulfur by weight
                                                                                              at the James River
                                                                                              Corporation,
                                                                                              Groveton, NH.
The James River Corporation,       Permit No. PO-B-           9/6/1985  12/14/1987, 52 FR    See 52.1535(c)(38).
 Groveton, NH.                      214, Conditions 2                    47392.               The air permit
                                    and 5A.                                                   conditions limit
                                                                                              sulfur-in-fuel
                                                                                              content to 2.2%
                                                                                              sulfur by weight
                                                                                              at the James River
                                                                                              Corporation,
                                                                                              Groveton, NH.
The James River Corporation,       Permit No. PO-B-           9/6/1985  12/14/1987, 52 FR    See 52.1535(c)(38).
 Groveton, NH.                      215, Conditions 2                    47392.               The air permit
                                    and 5A.                                                   conditions limit
                                                                                              sulfur-in-fuel
                                                                                              content to 2.2%
                                                                                              sulfur by weight
                                                                                              at the James River
                                                                                              Corporation,
                                                                                              Groveton, NH.
The James River Corporation,       Permit No. PO-BP-          9/6/1985  12/14/1987, 52 FR    See 52.1535(c)(38).
 Groveton, NH.                      2240, Condition 5B.                  47392.               The air permit
                                                                                              conditions limit
                                                                                              sulfur-in-fuel
                                                                                              content to 2.2%
                                                                                              sulfur by weight
                                                                                              at the James River
                                                                                              Corporation,
                                                                                              Groveton, NH.
Source specific NOX RACT order     Order ARD-95-001...       5/10/1995  4/9/1997, 62 FR      See 52.1535(c)(50).
 for Groveton Paperboard Corp.,                                          17087.
 Groveton, NH.
Source specific NOX RACT order     Order ARD-95-002...       9/12/1995  4/9/1997, 62 FR      See 52.1535(c)(50).
 for Plymouth Cogeneration Ltd.                                          17087.
 Partnership, Plymouth, NH.
Source specific NOX RACT order     Order ARD-95-003...       9/19/1995  4/9/1997, 62 FR      See 52.1535(c)(50).
 for Waterville Valley Ski Area                                          17087.
 Ltd., Waterville Valley, NH.
VOC RACT for L.W. Packard and      Order ARD-94-001...        5/5/1995  3/10/1998, 63 FR     See 52.1535(c)(51).
 Company, Inc. Ashland, NH.                                              11600.
VOC RACT for Kalwall Corporation,  Order ARD-95-010...       9/10/1996  3/10/1998, 63 FR     See 52.1535(c)(51).
 Manchester, NH.                                                         11600.

[[Page 470]]

 
VOC RACT for Textile Tapes         Order ARD-96-001...       10/4/1996  3/10/1998, 63 FR     See 52.1535(c)(51).
 Corporation, Gonic, NH.                                                 11600.
Source specific NOX RACT order     Order ARD-97-001...       4/14/1997  5/13/1998, 63 FR     See 52.1535(c)(54).
 for Public Service of New                                               26455.
 Hampshire, Bow, NH.
Source specific NOX RACT order     Order ARD-95-011...        5/6/1997  5/13/1998, 63 FR     See 52.1535(c)(54).
 for Hampshire Chemical                                                  26455.
 Corporation, Nashua, NH.
Source specific NOX RACT order     Order ARD-97-003...       9/24/1997  5/13/1998, 63 FR     See 52.1535(c)(54).
 for Crown Vantage, Berlin, NH.                                          26455.
Source-specific NOX RACT order     Order ARD-98-001...       7/17/1998  11/14/2000, 65 FR    See 52.1535(c)(64).
 and discrete emission reduction                                         68078.
 protocols for Public Service of
 New Hampshire.
VOC RACT for Anheuser-Busch,       Order ARD-00-001...       4/15/2002  7/23/2002, 67 FR     See 52.1535(c)(68).
 Merrimack, NH.                                                          48033.
PSNH Merrimack Station...........  TP-0008............        7/8/2011  8/22/2012, 77 FR     Flue Gas
                                                                         50602.               Desulfurization
                                                                                              System.
Concord Litho Group..............  ARD-07-003.........       9/17/2007  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Concord, NH.
Hitchiner Manufacturing..........  ARD-02-001.........       6/21/2002  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Milford, NH.
Hutchinson Sealing Systems.......  ARD-01-002.........        8/8/2002  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Newfields, NH.
Kalwall Corporation..............  ARD-99-001.........      11/20/2011  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Manchester, NH.
Metal Works......................  ARD-05-001.........      12/22/2004  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Londonderry, NH.
Parker-Hanifan Corporation.......  ARD-03-001.........       7/18/2002  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Hudson, NH.
Polyonics........................  ARD-99-001.........      12/28/2007  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Westmoreland, NH.
Sturm, Ruger & Company...........  ARD-03-001.........       12/1/2003  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility located
                                                                                              in Newport, NH.
Textile Tapes Corporation........  ARD-96-001.........       8/10/2007  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in Gonic,
                                                                                              NH.
TFX Medical Incorporated.........  ARD-07-002.........        8/7/2007  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Jaffrey, NH.
Webster Valve....................  ARD-07-001.........       3/21/2007  11/5/2012, 77 FR     Single source VOC
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Franklin, NH.
Anheuser Busch...................  ARD-05-001.........        5/9/2005  11/5/2012, 77 FR     Single source NOX
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Merrimack, NH.
Newington Energy, LLC............  ARD-04-001.........       6/20/2007  11/5/2012, 77 FR     Single source NOX
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Newington, NH.
PSNH, Schiller Station...........  ARD-06-001.........        8/4/2006  11/5/2012, 77 FR     Single source NOX
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Portsmouth, NH.

[[Page 471]]

 
Waste Management.................  ARD-01-001.........       8/26/2002  11/5/2012, 77 FR     Single source NOX
                                                                         66388.               RACT order for
                                                                                              facility in
                                                                                              Rochester, NH.
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (e) Nonregulatory.

                                           New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
    Name of nonregulatory SIP         geographic or     submittal date/  EPA approved date       Explanations
            provision               nonattainment area  effective date          \3\
----------------------------------------------------------------------------------------------------------------
``State of New Hampshire           Statewide..........       1/27/1972  5/31/1972, 37 FR     The plan was
 Implementation Plan''.                                                  10842.               officially
                                                                                              submitted on
                                                                                              January 27, 1972.
Miscellaneous non-regulatory       Statewide..........       2/23/1972  7/27/1972, 37 FR     See 52.1535(c)(1).
 additions to the plan correcting                                        15080.
 minor deficiencies.
Non-regulatory provisions for      Statewide..........       3/23/1972  7/27/1972, 37 FR     See 52.1535(c)(2).
 retention and availability of                                           15080.
 air quality data.
Attainment dates of national       Statewide..........        8/8/1972  9/22/1972, 37 FR     See 52.1535(c)(3).
 primary and secondary air                                               19806.
 quality standards.
Compliance schedules.............  Statewide..........       2/14/1973  6/20/1973, 38 FR     See 52.1535(c)(5).
                                                                         16144.
Compliance schedules.............  Statewide..........       3/22/1973  6/20/1973, 38 FR     See 52.1535(c)(6).
                                                                         16144.
Revision exempting steam           Statewide..........        4/3/1973  12/14/1973, 38 FR    See 52.1535(c)(7).
 locomotives from the plan.                                              34476.
AQMA identification material.....  Statewide..........       5/20/1974  6/2/1975, 40 FR      See 52.1535(c)(9).
                                                                         23746.
Attainment plans to meet the       Statewide..........       5/29/1979  4/11/1980, 45 FR     See 52.1535(c)(12).
 requirements of Part D for                                              24869.
 carbon monoxide for Metropolitan
 Manchester and ozone for AQCR
 121, programs for the review of
 construction and operation of
 new and modified major
 stationary sources of pollution
 in both attainment and non-
 attainment areas and certain
 miscellaneous provisions.
November 6, 1979 letter from New   Statewide..........       11/6/1979  4/11/1980, 45 FR     See 52.1535(c)(12).
 Hampshire Assistant Attorney                                            24869.
 General.
March 17, 1980 letter addressing   Statewide..........       3/17/1980  4/11/1980, 45 FR     See 52.1535(c)(12).
 external emission offsets.                                              24869.
Attainment plans to meet the       Areas designated          9/19/1979  6/23/1980, 45 FR     See 52.1535(c)(13).
 requirements of Part D for total   non-attainment for                   41942.
 suspended particulates and         one or more
 sulfur dioxide in Berlin, NH.      pollutants.
A plan to provide comprehensive    Statewide..........       2/28/1980  9/9/1980, 45 FR      See 52.1535(c)(15).
 public participation and an                                             59313.
 analysis of the effects of the
 New Hampshire 1979 SIP revisions.

[[Page 472]]

 
A comprehensive air quality        Statewide..........         1/30/80  12/18/1980, 45 FR    See 52.1535(c)(17).
 monitoring plan, intended to                                            83227.
 meet requirements of 40 CFR Part
 58.
A plan to attain and maintain the  Statewide..........       4/15/1980  7/15/1981, 46 FR     See 52.1535(c)(18).
 National Ambient Air Quality                                            36699.
 Standard for lead and to amend
 the state's air quality
 standards.
A letter further explaining the    Statewide..........       12/9/1980  7/15/1981, 46 FR     See 52.1535(c)(18).
 state procedures for review of                                          36699.
 new major sources of lead
 emissions and confirming the use
 of reference methods.
Revisions to meet the              City of Manchester.       1/12/1981  1/7/1982, 47 FR 763  See 52.1535(c)(19).
 requirements of Part D and                                                                   These revisions
 certain other sections of the                                                                supplement the
 Clean Air Act, as amended, for                                                               1979 CO attainment
 attaining carbon monoxide                                                                    plan.
 standards in the City of
 Manchester.
Revision to the January 12, 1981   City of Manchester.       2/18/1981  1/7/1982, 47 FR 763  See 52.1535(c)(19).
 CO Attainment Plan for
 Manchester, NH.
Carbon monoxide attainment plan    City of Manchester.       10/5/1982  6/27/1983, 48 FR     See 52.1535
 revisions for the City of                                               29479.               (c)(23).
 Manchester which meet the
 requirements of Part D of the
 Act for 1982 SIP revisions.
Revision to the October 5, 1982    City of Manchester.      12/20/1982  6/27/1983, 48 FR     See 52.1535(c)(23).
 CO Attainment Plan for                                                  29479.
 Manchester, NH.
The TSP Plan to attain primary     Berlin, NH.........        5/9/1984  9/27/1984, 49 FR     See 52.1535(c)(33).
 standards in Berlin, New                                                38104.
 Hampshire.
Letter from the New Hampshire Air  Statewide..........       4/26/1985  9/17/1987, 52 FR     See 52.1535(c)(37).
 Resources Commission submitting                                         35081.
 revisions to the SIP.
Letter interpreting NH's           Statewide..........       1/20/1986  9/17/1987, 52 FR     See 52.1535(c)(37).
 regulation for Continuous                                               35081.
 Emission Monitoring Systems.
NH Letter of intent to implement   Statewide..........       5/12/1987  9/17/1987, 52 FR     See 52.1535(c)(37).
 applicable emission limits                                              35081.
 required by EPA's New Source
 Performance Standard (NSPS).
Letter submitting a revision to    Nashua and 11             9/12/1985  8/25/1988, 53 FR     See 52.1535(c)(39).
 the CO Attainment Plan for the     surrounding towns.                   32391.               Attainment plans
 City of Nashua, NH.                                                                          for carbon
                                                                                              monoxide for the
                                                                                              City of Nashua
                                                                                              including an
                                                                                              extension of the
                                                                                              attainment date to
                                                                                              December 31, 1990.
Narrative submittals, including    Nashua and 11             2/26/1985  8/25/1988, 53 FR     See 52.1535(c)(39).
 an attainment demonstration for    surrounding towns.                   32391.
 carbon monoxide for the City of
 Nashua.

[[Page 473]]

 
Letter identifying extensions to   Nashua and 11             12/3/1985  8/25/1988, 53 FR     See 52.1535(c)(39).
 the Nashua intersection-specific   surrounding area.                    32391.
 measures (Build I).
Letter submitting final motor      Nashua and 11             10/7/1986  8/25/1988, 53 FR     See 52.1535(c)(39).
 vehicle emissions inspection       surrounding towns.                   32391.
 (I&M) program for the Nashua, NH
 area.
Letter from Governor John H.       Nashua and 11              3/6/1987  8/25/1988, 53 FR     See 52.1535(c)(39).
 Sununu to Michael R. Deland        surrounding towns.                   32391.
 committing to take legislative
 measures to convert the
 Inspection/Maintenance program
 in the Nashua area to the use of
 computerized emission analyzers
 in the event that the program is
 found to not be achieving the
 necessary emission reductions.
Letter from NH DES, Air Resources  Nashua and 11             5/12/1987  8/25/1988, 53 FR     See 52.1535(c)(39).
 Division providing additional      surrounding towns.                   32391.
 information on Nashua
 intersection-specific traffic
 flow improvements in Nashua, NH
 CO Attainment Plan.
Letter from NH DES, Air Resources  Nashua and 11            10/15/1987  8/25/1988, 53 FR     See 52.1535(c)(39).
 Division submitting additions to   surrounding towns.                   32391.
 the Nashua, NH CO Attainment
 Plan.
Letter from the New Hampshire Air  Statewide..........        7/6/1989  8/19/1994, 59 FR     See 52.1535(c)(40).
 Resources Division dated July 6,                                        42766.
 1989 submitting revisions to the
 NH SIP.
Letter from the New Hampshire Air  Statewide..........       2/12/1991  8/14/1991, 56 FR     See 52.1535(c)(41).
 Resources Division dated                                                40252.
 February 12, 1991 submitting a
 revision to the NH SIP.
Nonregulatory portions of the      Statewide..........       2/12/1991  8/14/1991, 56 FR     See 52.1535(c)(41).
 State submittal.                                                        40252.
Letter from the New Hampshire Air  Statewide..........      11/21/1989  6/13/1991, 56 FR     See 52.1535(c)(43).
 Resources Division dated                                                27197.
 November 21, 1989 submitting a
 revision to the NH SIP.
Letter from Robert W. Varney,      Statewide..........      11/21/1989  6/13/1991, 56 FR     See 52.1535(c)(43).
 Commissioner of the Department                                          27197.
 of Environmental Services of New
 Hampshire, to John B. Hammond,
 Acting Director of the New
 Hampshire Office of Legislative
 Services, dated November 15,
 1989, adopting final rules.

[[Page 474]]

 
Letter from the New Hampshire Air  Statewide..........       9/12/1990  12/12/1991, 56 FR    See 52.1535(c)(44).
 Resources Division dated                                                64703.
 September 12, 1990 submitting a
 revision to the NH SIP that
 withdraws nine source-specific
 operating permits incorporated
 by reference at 40 CFR
 52.1535(c)(21), (c)(25) and
 (c)(32).
Letter from the New Hampshire Air  Statewide..........        7/2/1991  12/12/1991, 56 FR    See 52.1535(c)(44).
 Resources Division dated July 2,                                        64703.
 1991 submitting documentation of
 a public hearing.
Letter from the New Hampshire Air  Statewide..........       2/12/1991  8/14/1992, 57 FR     See 52.1535(c)(45).
 Resources Division dated                                                36603.
 February 12, 1991 submitting
 revisions to the NH SIP.
Letter from the New Hampshire Air  Statewide..........        5/7/1991  8/14/1992, 57 FR     See 52.1535(c)(45).
 Resources Division dated May 7,                                         36603.
 1991 withdrawing certain portion
 of the February 12, 1991 SIP
 submittal.
Letter from the New Hampshire Air  Statewide..........       8/20/1991  8/14/1992, 57 FR     See 52.1535(c)(45).
 Resources Division dated August                                         36603.
 20, 1991 withdrawing certain
 portion of the February 12, 1991
 SIP submittal.
Letter from the New Hampshire Air  Statewide..........       8/26/1991  8/14/1992, 57 FR     See 52.1535(c)(45).
 Resources Division dated August                                         36603.
 26, 1991 withdrawing certain
 portion of the February 12, 1991
 SIP submittal.
Letter from the New Hampshire Air  Statewide..........        3/6/1992  8/14/1992, 57 FR     See 52.1535(c)(45).
 Resources Division dated March                                          36603.
 6, 1992 withdrawing certain
 portion of the February 12, 1991
 SIP submittal.
Letter from the New Hampshire Air  Statewide..........        5/6/1992  8/14/1992, 57 FR     See 52.1535(c)(45).
 Resources Division dated May 6,                                         36603.
 1992 withdrawing certain portion
 of the February 12, 1991 SIP
 submittal.
Letter from the New Hampshire Air  Statewide..........       5/15/1992  1/19/1993, 58 FR     See 52.1535(c)(46).
 Resources Division dated May 15,                                        4902.                Revisions to the
 1992 submitting a revision to                                                                SIP consisting of
 the NH SIP.                                                                                  amendments to
                                                                                              Emission Control
                                                                                              Methods for
                                                                                              Cutback and
                                                                                              Emulsified
                                                                                              Asphalt.
Letter from the New Hampshire Air  Statewide..........       5/15/1992  5/25/1993, 58 FR     See 52.1535(c)(47).
 Resources Division dated May 15,                                        29973.
 1992 submitting a revision to
 the NH SIP.

[[Page 475]]

 
Letter from the New Hampshire Air  Statewide..........      12/21/1992  4/9/1997, 62 FR      See 52.1535(c)(49).
 Resources Division dated                                                17087.
 December 21, 1992, submitting
 revisions to the NH SIP.
Letter from the New Hampshire Air  Statewide..........       6/17/1994  4/9/1997, 62 FR      See 52.1535(c)(49).
 Resources Division dated June                                           17087.
 17, 1994 submitting revisions to
 the NH SIP.
Letter from the New Hampshire Air  Statewide..........        7/7/1995  4/9/1997, 62 FR      See 52.1535(c)(50).
 Resources Division dated July 7,                                        17087.
 1995 submitting revisions to the
 NH SIP.
Letter from the New Hampshire Air  Statewide..........       9/18/1995  4/9/1997, 62 FR      See 52.1535(c)(50).
 Resources Division dated                                                17087.
 September 18, 1995 submitting
 revisions to the NH SIP.
Letter from the New Hampshire Air  Statewide..........      10/18/1995  4/9/1997, 62 FR      See 52.1535(c)(50).
 Resources Division dated October                                        17087.
 18, 1995, submitting revisions
 to the NH SIP.
Letter from the New Hampshire Air  Gonic, NH..........       12/9/1996  3/10/1998, 63 FR     See 52.1535(c)(51).
 Resources Division dated                                                11600.
 December 9, 1996 submitting
 revisions to the NH SIP.
Letter from the New Hampshire Air  Statewide..........       6/28/1996  3/10/1998, 63 FR     See 52.1535(c)(51).
 Resources Division dated June                                           11600.
 28, 1996 submitting revisions to
 the NH SIP.
Letter from the New Hampshire Air  Manchester, NH.....      10/24/1996  3/10/1998, 63 FR     See 52.1535(c)(51).
 Resources Division dated October                                        11600.
 24, 1996 submitting revisions to
 the NH SIP.
Letter from the New Hampshire Air  Statewide..........       7/10/1995  3/10/1998, 63 FR     See 52.1535(c)(51).
 Resources Division dated July                                           11600.
 10, 1995 submitting revisions to
 the NH SIP.
Letter from the New Hampshire Air  Statewide..........      12/21/1992  3/10/1998, 63 FR     See 52.1535(c)(51).
 Resources Division dated                                                11600.
 December 21, 1992 submitting
 revisions to the NH SIP.
Letter dated November 21, 1997     Statewide..........      11/21/1997  3/10/1998, 63 FR     See 52.1535(c)(51).
 withdrawing Env-A 1204.06 from                                          11600.
 the SIP submittal.
NH-DES letter dated December 13,   Statewide..........      12/13/1994  10/27/1997, 62 FR    See 52.1535(c)(52).
 1994, and signed by Thomas M.                                           55521.
 Noel, Acting Director, NH DES.

[[Page 476]]

 
State of New Hampshire             Statewide..........      12/13/1994  10/27/1997, 62 FR    See 52.1535(c)(52).
 Photochemical Assessment                                                55521.
 Monitoring Stations--Network
 Plan--Network Overview.
Letter from the New Hampshire Air  Portsmouth-Dover-         8/29/1996  10/27/1997, 62 FR    See 52.1533.
 Resources Division dated August    Rochester serious                    55521.               Revisions to the
 29, 1996 submitting a revision     ozone                                                     SIP for the
 to the NH SIP.                     nonattainment                                             purpose of
                                    area, and the NH                                          satisfying the
                                    portion of the                                            rate-of-progress
                                    Boston-Lawrence-                                          requirement of
                                    Worcester serious                                         section 182(b) and
                                    ozone                                                     the contingency
                                    nonattainment area.                                       measure
                                                                                              requirement of
                                                                                              section 172(c)(9)
                                                                                              of the Clean Air
                                                                                              Act.
Letter from the New Hampshire Air  Statewide..........       4/14/1997  5/13/1998, 63 FR     See 52.1535(c)(54).
 Resources Division dated April                                          26455.
 14, 1997 submitting revisions to
 the NH SIP.
Letter from the New Hampshire Air  Nashua, NH.........        5/6/1997  5/13/1998, 63 FR     See 52.1535(c)(54).
 Resources Division dated May 6,                                         26455.
 1997 submitting revisions to the
 NH SIP.
Letter from the New Hampshire Air  Statewide..........       9/24/1997  5/13/1998, 63 FR     See 52.1535(c)(54).
 Resources Division dated                                                26455.
 September 24, 1997 submitting
 revisions to the NH SIP.
Letter from the New Hampshire Air  Statewide..........       7/27/1998  11/14/2000, 65 FR    See 52.1535(c)(57).
 Resources Division dated July                                           68078.
 27, 1998 submitting a revision
 to the NH SIP.
Letter from the New Hampshire Air  Statewide..........      11/24/1992  12/7/1998, 63 FR     See 52.1535(c)(58).
 Resources Division dated                                                67405.
 November 24, 1992 submitting a
 revision to the New Hampshire
 State Implementation Plan.
New Hampshire Department of        Statewide..........      11/24/1992  12/7/1998, 63 FR     See 52.1535(c)(58).
 Environmental Services ``Stage                                          67405.
 II Equivalency Demonstration,''
 dated November 1992.
Nonregulatory portions of the      Statewide..........        7/2/1993  12/7/1998, 63 FR     See 52.1535(c)(58).
 submittal.                                                              67405.               NH's Gasoline
                                                                                              Vapor Recovery
                                                                                              Testing Procedures
                                                                                              and Inspection
                                                                                              Manual.
Letter from the New Hampshire Air  Statewide..........      11/20/1998  1/10/2001, 66 FR     See 52.1535(c)(59).
 Resources Division dated                                                1868.
 November 20, 1998 submitting a
 revision to the NH SIP.
Letter from the New Hampshire Air  Statewide..........        9/4/1998  1/10/2001, 66 FR     See 52.1535(c)(59).
 Resources Division dated                                                1868.
 September 4, 1998 submitting a
 revision to the NH SIP.

[[Page 477]]

 
Document entitled ``Alternative    Statewide..........        9/4/1998  1/10/2001, 66 FR     See 52.1535(c)(59).
 New Hampshire Motor Vehicle                                             1868.
 Inspection/Maintenance State
 Implementation Plan Revision''
 dated September 4, 1998.
Letter from the New Hampshire Air  Statewide..........        8/9/2001  10/28/2002, 67 FR    See 52.1535(c)(60).
 Resources Division dated August                                         65710.
 6, 2001 submitting a revision to
 the NH SIP.
Letter from the New Hampshire Air  Statewide..........       4/26/1995  10/28/2002, 67 FR    See 52.1535(c)(60).
 Resources Division dated April                                          65710.
 26, 1995 submitting a revision
 to the NH SIP.
Nonregulatory portions of the      Statewide..........       4/26/1995  10/28/2002, 67 FR    See 52.1535(c)(60).
 State submittal..                                                       65710.
Document entitled ``New Hampshire  Statewide..........        7/9/1998  9/29/1999, 64 FR     See 52.1535(c)(61).
 Stage II Comparability                                                  52434..
 Analysis,'' prepared by the New
 Hampshire Department of
 Environmental Services, dated
 July 1, 1998.
Letter from the New Hampshire      Statewide..........        6/7/1994  9/29/1999, 64 FR     See 52.1535(c)(62).
 Department of Environmental                                             52434..
 Services dated June 7, 1994
 submitting a revision to the NH
 SIP.
Document entitled ``Clean Fuel     Statewide..........        6/7/1994  9/29/1999, 64 FR     See 52.1535(c)(62).
 Fleet Equivalency                                                       52434..
 Demonstration,'' prepared by the
 New Hampshire Department of
 Environmental Services, dated
 May, 1994.
Letter from the New Hampshire      Statewide..........       7/10/1996  8/16/1999, 64 FR     See 52.1535(c)(63).
 Department of Environmental                                             44417.
 Services dated July 10, 1996
 submitting a revision to the NH
 SIP.
Letter from the New Hampshire Air  Statewide..........       7/17/1998  11/14/2000, 65 FR    See 52.1535(c)(64).
 Resources Division dated July                                           68078.
 17, 1998 submitting Final RACT
 Order 98-001 as a revision to
 the NH SIP.
Letter from the New Hampshire      Statewide..........       8/16/1999  3/9/2000, 65 FR      See 52.1535(c)(65).
 Department of Environmental                                             12476.
 Services dated August 16, 1999
 submitting the Low Emission
 Vehicle program as a revision to
 the NH SIP.
Letter from the New Hampshire Air  Statewide..........       7/29/1993  7/27/2001, 66 FR     See 52.1535(c)(66).
 Resources Division dated July                                           39100.
 29, 1993 submitting a revision
 to the New Hampshire State
 Implementation Plan.

[[Page 478]]

 
Letter from the New Hampshire Air  Statewide..........        7/2/1999  7/27/2001, 66 FR     See 52.1535(c)(66).
 Resources Division dated July 2,                                        39100.
 1999 submitting a revision to
 the New Hampshire State
 Implementation Plan.
Letter from the New Hampshire      Statewide..........       9/11/1998  7/10/2000, 65 FR     See 52.1535(c)(67).
 Department of Environmental                                             42290.
 Services dated September 11,
 1998 stating a negative
 declaration for the aerospace
 coating operations Control
 Techniques Guideline category.
Letter from the DES, dated April   Merrimack, NH......       4/15/2002  7/23/2002, 67 FR     See 52.1535(c)(68).
 15, 2002, submitting revised                                            48033.
 Anheuser-Busch order to EPA as a
 SIP revision and withdrawing
 previous submittal for this
 facility dated June 20, 2000.
Letter from the DES, dated March   Nashua, NH.........       3/22/2002  7/23/2002, 67 FR     See 52.1535(c)(68).
 22, 2002, containing information                                        48033.
 on New Filcas of America.
Submittal to meet Clean Air Act    State of New           December 14,  July 8, 2011.......  This action
 Section 110(a)(2) Infrastructure   Hampshire.                    2007  76 FR 40248........   addresses the
 Requirements for the 1997 8-Hour                                                             following Clean
 Ozone National Ambient Air                                                                   Air Act
 Quality Standard.                                                                            requirements:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C), (D)(ii), (E),
                                                                                              (F), (G), (H),
                                                                                              (J), (K), (L), and
                                                                                              (M).
New Hampshire Regional Haze SIP    Statewide..........      1/29/2010;  8/22/2012, 77 FR
 and its supplements.                                      supplements   50607.
                                                         submitted; 1/
                                                        14/2011, 8/26/
                                                                  2011
Submittal to meet Section          Statewide..........       4/3/2008;  10/16/2012, 77 FR    This submittal is
 110(a)(2) Infrastructure                                   supplement   63228.               approved with
 Requirements for the 1997 PM2.5                        submitted 7/3/                        respect to the
 NAAQS.                                                           2012                        following CAA
                                                                                              elements or
                                                                                              portions thereof:
                                                                                              110(a)(2)(B), (C)
                                                                                              (enforcement
                                                                                              program only),
                                                                                              (D)(i)(I),
                                                                                              (D)(ii), (E)(i),
                                                                                              (E)(iii), (F),
                                                                                              (G), (H), (J)
                                                                                              (consultation and
                                                                                              public
                                                                                              notification
                                                                                              only), (K), (L),
                                                                                              and (M).
Submittal to meet Section          Statewide..........      9/18/2009;  10/16/2012, 77 FR    This submittal is
 110(a)(2) Infrastructure                                   supplement   63228.               approved with
 Requirements for the 2006 PM2.5                        submitted 7/3/                        respect to the
 NAAQS.                                                           2012                        following CAA
                                                                                              elements or
                                                                                              portions thereof:
                                                                                              110(a)(2)(B), (C)
                                                                                              (enforcement
                                                                                              program only),
                                                                                              (D)(i)(I),
                                                                                              (D)(ii), (E)(i),
                                                                                              (E)(iii), (F),
                                                                                              (G), (H), (J)
                                                                                              (consultation and
                                                                                              public
                                                                                              notification
                                                                                              only), (K), (L),
                                                                                              and (M).

[[Page 479]]

 
Negative Declarations included in  Statewide..........      07/26/2011  11/8/12, 77 FR       Includes negative
 New Hampshire's State                                                   66921.               declarations for
 Implementation Plan Revision for                                                             the following CTG
 the 2006, 2007, and 2008 Control                                                             categories: Large
 Techniques Guidelines.                                                                       appliance
                                                                                              coatings; and
                                                                                              automobile and
                                                                                              light-duty truck
                                                                                              assembly coatings.
Certification for RACT for the     Statewide..........       1/28/2008  11/5/2012, 77 FR     New Hampshire
 1997 8-Hour Ozone Standard.                                             66388.               submitted
                                                                                              documentation that
                                                                                              RACT requirements
                                                                                              were in place for
                                                                                              sources of VOC and
                                                                                              NOX for purposes
                                                                                              of the 1997 8-hour
                                                                                              ozone standard.
SIP Narrative associated with New  Statewide..........      11/17/2011  1/25/13, 78 FR 5292
 Hampshire Vehicle Inspection and
 Maintenance Program SIP Revision.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[74 FR 50120, Sept. 30, 2009, as amended at 76 FR 40257, July 8, 2011; 
76 FR 49672, Aug. 11, 2011; 77 FR 5702, Feb. 6, 2012; 77 FR 50607, 
50610, Aug. 22, 2012; 77 FR 63233, Oct. 16, 2012; 77 FR 63233, Oct. 16, 
2012; 77 FR 66395, Nov. 5, 2012; 77 FR 66926, Nov. 8, 2012; 78 FR 5302, 
Jan. 25, 2013]



Sec. 52.1521  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Androscoggin Valley Interstate............................          IA         IA       III       III        III
Central New Hampshire Intrastate..........................         III        III       III       III        III
Merrimack Valley-Southern New Hampshire Interstate........           I          I       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10879, May 31, 1972, as amended at 45 FR 24876, Apr. 11, 1980]



Sec. 52.1522  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves New Hampshire's plan as identified in Sec. 52.1520 of this 
subpart for the attainment and maintenance of the national standards 
under section 110 of the Clean Air Act. Furthermore, the Administrator 
finds the plans satisfy all requirements of Part D, Title I of the Clean 
Air Act as amended in 1977, except as noted below.
    (b) To insure Federal approval of State issued new source review 
permits pursuant to section 173 of the Clean Air Act, the provisions of 
Section V of the emission offset interpretative rule published January 
16, 1979, (44 FR 3274) must be met.

[45 FR 24876, Apr. 11, 1980, as amended at 48 FR 50078, Oct. 31, 1983; 
75 FR 82557, Dec. 30, 2010; 77 FR 5703, Feb. 6, 2012]



Sec. 52.1523  Attainment dates for national standards.

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

[[Page 480]]



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


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



Sec. 52.1524  Compliance schedules.

    (a) Compliance schedules for the sources identified below are 
approved as meeting the requirements of subpart N of this chapter. All 
regulations cited are air pollution control regulations of the State, 
unless otherwise noted.

--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Markem Corporation.................  Keene, NH.............  No. 1204.05...........  Feb. 10, 1984........  Feb. 19, 1981........  July 1, 1985.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (c) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved        Date of adoption
----------------------------------------------------------------------------------------------------------------
Brown Co.............................  Berlin, N.H............  No. 15.................  May 14, 1973.
----------------------------------------------------------------------------------------------------------------

    (d) Federal compliance schedules. The compliance schedules for the 
sources identified below are promulgated herein in satisfaction of the 
requirements of subpart N of this chapter. All regulations cited are air 
pollution control regulations ofthe State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                                                          Regulation                          Final compliance
              Source                      Location         involved      Effective date             date
----------------------------------------------------------------------------------------------------------------
Brown Co.:
  (a) No. 11 Kraft recovery.......  Berlin, N.H.........          15  Immediately.........  Jan. 1973.
  (b) No. 11 Kraft recovery.......  ......do............          15  ......do............  Jan. 1974.
  (c) No. 8 Kraft recovery boiler   ......do............          15  ......do............  July 1974.
   main stack.
  (d) No. 8 Kraft recovery smelt    ......do............          15  ......do............  Dec. 1974.
   tank vent.
  (e) Heavy black liquor oxidation  ......do............          15  ......do............  June 1974.
  (f) No. 1 lime kiln stack.......  ......do............          15  ......do............  Jan. 1973.
  (g) No. 2 lime kiln stack.......  ......do............          15  ......do............  Dec. 1974.
----------------------------------------------------------------------------------------------------------------


[[Page 481]]


[38 FR 12713, May 14, 1973, as amended at 38 FR 16145, June 20, 1973; 38 
FR 22744, Aug. 23, 1973; 49 FR 38102, Sept. 27, 1984; 51 FR 40676, 
40677, Nov. 7, 1986; 54 FR 25259, June 14, 1989]



Sec. 52.1525  EPA-approved new Hampshire state regulations.

    The following table identifies that State regulations which have 
been submitted to and approved by EPA as revisions to the New Hampshire 
State Implementation Plan. This table is for informational purposes only 
and does not have any independent regulatory effect. To determine 
regulatory requirements for a specific situation consult the plan 
identified in Sec. 52.1520. To the extent that this table conflicts 
with Sec. 52.1520, Sec. 52.1520 governs.

                                          Table 52.1525--EPA-Approved Rules and Regulations \1\--New Hampshire
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Date
           Title/subject                State citation      adopted     Date approved EPA       Federal Register       52.1520          Explanation
                                         chapter \2\         State                                  citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Organizational Rules: Definitions.  CH Air 100...........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        Sections Air 101.01-
                                                                                                                                    .03; .27; .31; .50;
                                                                                                                                    .52; .57; .63; .70-
                                                                                                                                    .73; .76; .78; .90;
                                                                                                                                    .97 and PARTs Air
                                                                                                                                    102 and 103 are not
                                                                                                                                    part of the approved
                                                                                                                                    SIP.
                                                             7/21/83  2/01/84..............  49 FR 3989...........  (c)(28)        Approved Section Air
                                                                                                                                    101.74, Def. of
                                                                                                                                    `process weight.'
                                    Env-A 100............   11/16/89  6/13/91..............  56 FR 27197..........  (c)(43)        Approved Sections Env-
                                                                                                                                    A 101.79, Def. of
                                                                                                                                    `Reasonable
                                                                                                                                    Available Control
                                                                                                                                    Technology' and Env-
                                                                                                                                    A 101.98, Def. of
                                                                                                                                    `Volatile Organic
                                                                                                                                    Compound.'
                                                            12/24/90  8/14/92..............  57 FR 36605..........  (c)(45)        Part Env-A 101
                                                                                                                                    renumbered and
                                                                                                                                    completely replaced;
                                                                                                                                    Sections Env-A
                                                                                                                                    101.21; .27; .33;
                                                                                                                                    .51; .53; .58; .63;
                                                                                                                                    .98; and Parts Env-A
                                                                                                                                    102 and 103 are not
                                                                                                                                    part of the approved
                                                                                                                                    SIP.
Procedural Rules..................  CH Air 200...........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        Parts Air 201-204 and
                                                                                                                                    Parts Air 206-210
                                                                                                                                    are not part of the
                                                                                                                                    approved SIP.
                                                            10/21/82  4/21/83..............  48 FR 17077..........  (c)(24)        Section Air 205.10
                                                                                                                                    added.
                                    Env-A 200............   12/24/90  8/14/92..............  57 FR 36605..........  (c)(45)        Parts Env-A 206 and
                                                                                                                                    208 and Sections Env-
                                                                                                                                    A 209.01-04 are not
                                                                                                                                    part of the approved
                                                                                                                                    SIP.
Procedural Rules..................  Env-A 200............    2/17/95  10/28/02.............  67 FR 65710..........  (c)(60)        Approving Env-A
                                                                   &                                                                205.03 & Env-A
                                                             7/23/01                                                                205.04 as amended 7/
                                                                                                                                    23/01.
Ambient Air Quality Standards.....  CH Air 300...........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        Part Air 304 is not
                                                                                                                                    part of the approved
                                                                                                                                    SIP.
                                    Env-A 300............   12/24/90  8/14/92..............  57 FR 36605..........  (c)(45)        Part Env-A 304 is not
                                                                                                                                    part of the approved
                                                                                                                                    SIP.
Particulate matter................  Env-A 303............    4/21/89  8/19/94..............  59 FR 42768..........  (c)(40)        303.01
                                                                                                                                   303.015
Sulfur Content Limits in Fuels....  CH Air 400...........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        Section Air 402.02 is
                                                                                                                                    not part of the
                                                                                                                                    approved SIP.
                                                             2/20/75  3/23/84..............  49 FR 11094..........  (c)(26)        Section Air 402.02
                                                                                                                                    added, raising
                                                                                                                                    allowable sulfur-in-
                                                                                                                                    oil limit for but 10
                                                                                                                                    sources.
                                                            10/20/83  8/07/84..............  49 FR 31415..........  (c)(29)        Revision to Section
                                                                                                                                    Air 402.02, raises
                                                                                                                                    allowable sulfur-in-
                                                                                                                                    oil limit for 5
                                                                                                                                    source excluded at
                                                                                                                                    (c)(26) above.
                                                            12/15/83  8/01/84..............  49 FR 30695..........  (c)(31)        Revision to Section
                                                                                                                                    Air 402.02, raises
                                                                                                                                    allowable sulfur-in-
                                                                                                                                    oil limit for 2
                                                                                                                                    sources excluded at
                                                                                                                                    (c)(26) above.
                                                             4/17/86  2/02/87..............  52 FR 3117...........  (c)(35)        Revision restricting
                                                                                                                                    emission limits for
                                                                                                                                    Dartmouth College.

[[Page 482]]

 
                                                             1/17/85  4/15/87..............  52 FR 12164..........  (c)(36)        Revision to Section
                                                                                                                                    Air 402.02, raises
                                                                                                                                    allowable sulfur-in-
                                                                                                                                    oil limit for James
                                                                                                                                    River Corp.--
                                                                                                                                    Cascade.
                                                             9/09/85  12/14/87.............  52 FR 47392..........  (c)(38)        Revision to Section
                                                                                                                                    Air 402.02, raises
                                                                                                                                    allowable sulfur-in-
                                                                                                                                    oil limit for James
                                                                                                                                    River Corp.--
                                                                                                                                    Groveton.
                                    Env-A 400............   12/24/90  8/14/92..............  57 FR 36605..........  (c)(45)        Part Env-A 405
                                                                                                                                    renumbered and
                                                                                                                                    completely replaced;
                                                                                                                                    Section Env-A 405.05
                                                                                                                                    (c) and (d); and
                                                                                                                                    Part Env-A 406 are
                                                                                                                                    not part of the
                                                                                                                                    approved SIP.
Statewide Permit System...........  CH Air 600...........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        Part Air 609 repealed
                                                                                                                                    at (c)(16).
                                                             1/26/84  3/13/85..............  50 FR 10004..........  (c)(36)        Revisions to Part Air
                                                                                                                                    610.
                                    Env-A 600............   12/24/90  8/14/92..............  57 FR 36606..........  (c)(45)        Part Env-A 603
                                                                                                                                    renumbered and
                                                                                                                                    completely replaced;
                                                                                                                                    Sections Env-A
                                                                                                                                    603.02(p), 603.03(f)
                                                                                                                                    and 603.03(g) are
                                                                                                                                    not part of the
                                                                                                                                    approved SIP.
Statewide Permit System...........  Env-A 600............    5/21/93  7/27/01..............  FR 39104.............  (c)(66)        Part Env-622
                                                             6/26/97                                                                (formally 610)
                                                             1/29/99                                                                Adopted NSR CAA
                                                                                                                                    requirements Adopted
                                                                                                                                    plantwide definition
                                                                                                                                    Adopted CAA sections
                                                                                                                                    173(a)(4) & (5).
Statewide Permitting System.......  Env-A 600............    7/23/01  10/28/02.............  67 FR 65710..........  (c)(60)        Adding Part Env-A
                                                                                                                                    623: New Hampshire's
                                                                                                                                    PSD permit
                                                                                                                                    requirements.
Permit Fee System.................  CH Air 700...........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        .....................
                                                            12/20/84  9/17/87..............  52 FR 35082..........  (c)(37)        Revisions to Sections
                                                                                                                                    Air 704.01-.02 and
                                                                                                                                    Air 706.01-.02.
                                    Env-A 700............   12/24/90  8/14/92..............  57 FR 36605..........  (c)(45)        .....................
Testing and Monitoring............  CH Air 800...........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        Part Air 803 is not
                                                                                                                                    part of the approved
                                                                                                                                    SIP.
                                    Env-A 800............   11/16/89  6/13/91..............  56 FR 27197..........  (c)(43)        Part Env-A 804 added;
                                                                                                                                    Revision to Section
                                                                                                                                    Env-A 802.07.
                                                            12/24/90  8/14/91..............  56 FR 40253..........  (c)(41)        Sections Env-A 802.09-
                                                                                                                                    .10 added.
                                                            12/24/90  8/14/92..............  57 FR 36605..........  (c)(45)        Part Env-A 803 is not
                                                                                                                                    part of the approved
                                                                                                                                    SIP.
Testing Requirements..............  CH Air 800...........    1/17/92  5/25/93..............  58 FR 29974..........  (c)(47)        Part Env-A 805
                                                                                                                                    Capture Efficiency
                                                                                                                                    Test Procedures
Purpose...........................  CH air 800, Part Env-   11/13/92  3/10/98..............  63 FR 11600..........  (c)(51)        Adds testing and
                                     A 801.                                                                                         monitoring
                                                                                                                                    procedures.
Testing and Monitoring for          CH air 800, Part Env-   11/13/92  3/10/98..............  63 FR 11600..........  (c)(51)        Adds testing and
 Stationary Sources: General         A 802.                                                                                         monitoring
 Requirements.                                                                                                                      procedures.
VOC Testing.......................  CH air 800, Part Env-    8/21/95  3/10/98..............  63 FR 11600..........  (c)(51)        Adds testing and
                                     A 803.                                                                                         monitoring
                                                                                                                                    procedures.
Capture Efficiency................  CH air 800, Part Env-    8/21/95  3/10/98..............  63 FR 11600..........  (c)(51)        Adds testing and
                                     A 804.                                                                                         monitoring
                                                                                                                                    procedures.
Continuous Emission Monitoring....  CH air 800, Part Env-   11/13/92  3/10/98..............  63 FR 11600..........  (c)(51)        Adds testing and
                                     A 805.                                                                                         monitoring
                                                                                                                                    procedures.
Testing for Diesel Engines and      CH air 800, Part Env-   11/13/92  3/10/98..............  63 FR 11600..........  (c)(51)        Adds testing and
 Motor Vehicles.                     A 806.                                                                                         monitoring
                                                                                                                                    procedures.
Approval of Alternate Methods.....  CH air 800, Part Env-   11/13/92  3/10/98..............  63 FR 11600..........  (c)(51)        Adds testing and
                                     A 807.                                                                                         monitoring
                                                                                                                                    procedures.
Owner or Operator Obligations.....  CH Air 900...........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        .....................
                                    Env-A 900............   11/16/89  6/13/91..............  56 FR 27197..........  (c)(43)        Sections Env-A
                                                                                                                                    901.021-.022 and
                                                                                                                                    901.05 added;
                                                                                                                                    Revision to Section
                                                                                                                                    Env-A 901.02.
                                                            12/24/90  8/14/92..............  57 FR 36605..........  (c)(45)        .....................

[[Page 483]]

 
Recordkeeping requirements........  CH Air 900, Part Env-   11/13/92  4/9/97...............  62 FR 17092..........  (c)(49)        Adds NOX
                                     A 901, section Env-A                                                                           recordkeeping
                                     901.06.                                                                                        requirements.
                                    CH Air 900, Part Env-   11/13/92  4/9/97...............  62 FR 17092..........  (c)(49)        Adds NOX reporting
                                     A 901, section Env-A                                                                           requirements.
                                     901.07.
Recordkeeping and Reporting by      CH air 900, Part Env-   11/13/92  3/10/98..............  63 FR 11600..........  (c)(51)        Adds recordkeeping
 Sources.                            A 901, sections                                                                                and reporting
                                     901.01, 901.03,                                                                                requirements.
                                     901.09.
Recordkeeping and Reporting by      CH air 900, Part Env-    8/21/95  3/10/98..............  63 FR 11600..........  (c)(51)        Adds recordkeeping
 Sources.                            A 901, sections                                                                                and reporting
                                     901.02, 901.04,                                                                                requirements.
                                     901.05, and 901.08.
Malfunctions and Breakdowns of Air  CH air 900, Part Env-   11/13/92  3/10/98..............  63 FR 11600..........  (c)(51)        Adds recordkeeping
 Pollution Control Equipment.        A 902.                                                                                         and reporting
                                                                                                                                    requirements.
Compliance Schedules..............  CH air 900, Part Env-   11/13/92  3/10/98..............  63 FR 11600..........  (c)(51)        Adds recordkeeping
                                     A 903.                                                                                         and reporting
                                                                                                                                    requirements.
Prevention, Abatement, and Control  CH Air 1000..........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        Part Air 1002 is not
 of Open Source Air Pollution.                                                                                                      part of the approval
                                                                                                                                    SIP.
                                    Env-A 1000...........   12/24/90  8/14/92..............  57 FR 36605..........  (c)(45)        Part Env-A 1002 is
                                                                                                                                    not part of the
                                                                                                                                    approval SIP.
Open-Air Burning..................  Env-A 1001...........    5/19/89  8/19/94..............  59 FR 42768..........  (c)(40)        1001.02
Prevention, Abatement, and Control  CH Air 1200..........    6/17/82  3/15/83..............  48 FR 10830..........  (c)(22)        Section Air 1201.07
 of Stationary Source Air                                                                                                           and Part Air 1206
 Pollution Part.                                                                                                                    are not part of the
                                                                                                                                    approved SIP.
                                                             2/19/80  10/31/83.............  48 FR 50077..........  (c)(27)        Revisions to Section
                                                                                                                                    1204.02(c) and
                                                                                                                                    1204.21(j); Section
                                                                                                                                    1204.17 added.
                                                             7/21/83  2/01/84..............  49 FR 3989...........  (c)(28)        Revision to Section
                                                                                                                                    Air 1204.01.
                                                             2/16/84  6/01/84..............  49 FR 24724..........  (c)(30)        Section Air
                                                                                                                                    1201.05(e) added.
                                                            12/20/84  9/17/87..............  52 FR 35082..........  (c)(37)        Revisions to Sections
                                                                                                                                    Air 1202.07-.09;
                                                                                                                                    Section Air 1202.10
                                                                                                                                    added.
Prevention, Abatement and Control   CH Air 1200..........    1/17/92  5/25/93..............  58 FR 29974..........  (c)(47)        Part Env-A Sections
 of Stationary Source Air                                                                                                           1204.02; 1204.04;
 Pollution.                                                                                                                         1204.05 through
                                                                                                                                    1204.08; 1204.14
                                                                                                                                    through 1204.15.
                                    Env-A 1200...........   11/16/89  6/13/91..............  56 FR 27197..........  (c)(43)        Revisions to Sections
                                                                                                                                    Env-A 1204.01-.16;
                                                                                                                                    Section Env-A
                                                                                                                                    1204.19 added.
                                                            12/24/90  8/14/92..............  57 FR 36605..........  (c)(45)        Section Env-A 1206.03
                                                                                                                                    is not part of the
                                                                                                                                    approved SIP.
                                    Env-A 1200...........    1/17/92  1/19/93..............  58 FR 4904...........  (c)(46)        Revisions to Section
                                                                                                                                    Env-A 1204.12.
Nitrogen oxides emission limits...  CH Air 1200 Part Env-    5/20/94  4/9/97...............  62 FR 17092..........  (c)(49)        Adds NOX RACT
                                     A 1211.                                                                                        requirements.
Stationary Sources of Volatile      CH air 1204, Part Env-   8/21/95  3/10/98..............  63 FR 11600..........  c(51)          Adds VOC RACT
 Organic Compounds.                  A 1204 (except                                                                                 requirements.
                                     1204.09).                                                                                      Limited approval
                                                                                                                                    only of Env-A
                                                                                                                                    1204.27
Applicability Criteria and          Env-A 1204.27........    8/21/95  7/23/02..............  67 FR 48036..........  (c)(68)        Rule fully approved
 Compliance Options for                                                                                                             for the New
 Miscellaneous and Multi-category                                                                                                   Hampshire portion of
 Stationary VOC Sources.                                                                                                            the eastern
                                                                                                                                    Massachusetts
                                                                                                                                    serious ozone
                                                                                                                                    nonattainment area.

[[Page 484]]

 
Source Specific Order.............  Order ARD-94-001.....     5/5/95  3/10/98..............  63 FR 11600..........  (c)(51)        VOC RACT for L.W.
                                                                                                                                    Packard.
Source specific order.............  Order ARD-95-001.....    5/10/95  4/9/97...............  62 FR 17092..........  (c)(52)        Source specific NOX
                                                                                                                                    RACT order for
                                                                                                                                    Groveton Paperboard
                                                                                                                                    Corp., in Groveton,
                                                                                                                                    NH.
                                    Order ARD-95-002.....    9/12/95  4/9/97...............  62 FR 17093..........  (c)(50)        Source specific NOX
                                                                                                                                    RACT order for
                                                                                                                                    Plymouth
                                                                                                                                    Cogeneration Ltd.
                                                                                                                                    Partnership, in
                                                                                                                                    Plymouth, NH.
                                    Order ARD-95-003.....    9/19/95  4/9/97...............  62 FR 17093..........  (c)(50)        Source specific NOX
                                                                                                                                    RACT order for
                                                                                                                                    Waterville Valley
                                                                                                                                    Ski Area Ltd., in
                                                                                                                                    Waterville Valley,
                                                                                                                                    NH.
Source Specific Order.............  Order ARD-95-010.....    9/10/96  3/10/98..............  63 FR 11600..........  (c)(51)        VOC RACT for Kalwall,
                                                                                                                                    Manchester.
Source Specific Order.............  Order ARD-96-001.....    10/4/96  3/10/98..............  63 FR 11600..........  (c)(51)        VOC RACT for Textile
                                                                                                                                    Tapes.
Source specific order.............  Order ARD-97-001.....   04/14/97  5/13/98..............  63 FR 26460..........  (c)(54)        Source specific NOX
                                                                                                                                    RACT order for
                                                                                                                                    Public Service of
                                                                                                                                    New Hampshire in
                                                                                                                                    Bow, NH.
Source specific order.............  Order ARD-95-011.....   05/06/97  5/13/98..............  63 FR 26460..........  (c)(54)        Source specific NOX
                                                                                                                                    RACT order for
                                                                                                                                    Hampshire Chemical
                                                                                                                                    Corporation in
                                                                                                                                    Nashua, NH.
Source specific order.............  Order ARD-97-003.....    9/24/97  5/13/98..............  63 FR 26460..........  (c)(54)        Source specific NOX
                                                                                                                                    RACT order for Crown
                                                                                                                                    Vantage in Berlin,
                                                                                                                                    NH.
Source specific order.............  Order ARD 98-001.....    7/17/98  11/14/00.............  65 FR 68082..........  (c)(64)        Source-specific NOX
                                                                                                                                    RACT order and
                                                                                                                                    discrete emission
                                                                                                                                    reduction protocols
                                                                                                                                    for Public Service
                                                                                                                                    of New Hampshire.
Source Specific Order.............  Order ARD-00-001.....    4/15/02  7/23/02..............  67 FR 48036..........  (c)(68)        VOC RACT for Anheuser-
                                                                                                                                    Busch.
Conformity of General Federal       CH Env-A 1500, Part      4/19/96  8/16/99..............  64 FR 44420..........  (c)(63)        None.
 Actions.                            Env-A 1502.
National Low Emission Vehicle       CH air 3600..........    7/21/99  3/9/00...............  65 FR 12480..........  (c)(65)        Approval of
 Program.                                                                                                                           commitment to
                                                                                                                                    National Low
                                                                                                                                    Emission Vehicle
                                                                                                                                    Program.
NOX Budget Trading Program........  Part Env-A 3200......    7/27/98  11/14/00.............  65 FR 68082..........  (c)(57)        Approval of OTC NOX
                                                                                                                                    budget and allowance
                                                                                                                                    trading program.
Emission Amendments to Official     NHCAR, Part Saf-C       11/17/98  1/10/01..............  66 FR 1871             (c)(59)        Part Saf-C 3221A
 Motor Vehicle Inspection Req.       3221A.                                                                                         ``Emission
                                                                                                                                    Amendments to
                                                                                                                                    Official Motor
                                                                                                                                    Vehicle Inspection
                                                                                                                                    Requirements''
                                                                                                                                    adopted on November
                                                                                                                                    17, 1998;
Roadside Diesel Opacity Inspection  NHCAR, Part Saf-C       11/17/98  1/10/01..............  66 FR 1871             (c)(59)        Part Saf-C 5800
 Program Rules.                      5800.                                                                                          ``Roadside Diesel
                                                                                                                                    Opacity Inspection
                                                                                                                                    Program Rules''
                                                                                                                                    adopted on November
                                                                                                                                    17, 1998.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These regulations are applicable statewide unless otherwise noted in the Explanation section.
\2\ When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter title for the air regulations changed from
  CH Air to Env-A.


[50 FR 767, Jan. 7, 1985]

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



Sec. 52.1526  [Reserved]



Sec. 52.1527  Rules and regulations.

    (a) [Reserved]
    (b) The following elements are not part of the approved SIP:
    (1) Intergovernmental consultations
    (2) Public notification

[[Page 485]]

    (3) Conflict of Interest
    (4) Non-SIP regulations' numbers listed below:

     Chapter Env-A 100: Sections Env-A 101.21, .27, 
.33, .51, .53, .58., .63 and
     98; and Parts Env-A 102-103
     Chapter Env-A 200: Part Env-A 206; Part Env-A 
208; and Sections 209.01-.04
     Chapter Env-A 300: Part Env-A 304
     Chapter Env-A 400: Section Env-A 405.05(c)-(d) 
and Part Env-A 406
     Chapter Env-A 500: Parts Env-A 501-506
     Chapter Env-A 600: Sections Env-A 603.02(p), 
603.03(f)-(g)
     Chapter Env-A 800: Part Env-A 803
     Chapter Env-A 1000: Part Env-A 1002
     Chapter Env-A 1100:Part Env-A 1101
     Chapter Env-A 1200: Sections Env-A 1206.03
     Chapter Env-A 1300; Parts Env-A 1301-1305

[48 FR 10833, Mar. 15, 1983, as amended at 48 FR 48665, Oct. 20, 1983; 
50 FR 51250, Dec. 16, 1985; 57 FR 36607, Aug. 14, 1993]



Sec. 52.1528  Control strategy: Carbon monoxide.

    (a) Approval--On February 1, 1999, the New Hampshire Department of 
Environmental Services submitted a revision to the State Implementation 
Plan to remove the Nashua Inspection/Maintenance program for carbon 
monoxide that ceased operating on January 1, 1995. The Nashua 
Inspection/Maintenance was originally approved at Sec. 52.1520(c)(39). 
The Nashua Inspection/Maintenance program was replaced with controls 
consisting of the existing federal Tier 1 emission standards for new 
vehicles and the federal reformulated gasoline program.
    (b) Approval--On February 2, 1999, the New Hampshire Department of 
Environmental Services submitted a request to redesignate the City of 
Manchester carbon monoxide nonattainment area to attainment for carbon 
monoxide. As part of the redesignation request, the State submitted a 
maintenance plan as required by 175A of the Clean Air Act, as amended in 
1990. Elements of the section 175A maintenance plan include a base year 
(1990 attainment year) emission inventory for carbon monoxide, a 
demonstration of maintenance of the carbon monoxide NAAQS with projected 
emission inventories to the year 2010 for carbon monoxide, a plan to 
verify continued attainment, a contingency plan, and an obligation to 
submit additional information in eight years acknowledging that the 
maintenance plan will remain in effect through the year 2020, as 
required by the Clean Air Act. If the area records a violation of the 
carbon monoxide NAAQS (which must be confirmed by the State), New 
Hampshire will implement one or more appropriate contingency measure(s) 
which are contained in the contingency plan. The menu of contingency 
measures includes the enhanced safety inspection program and New 
Hampshire's low emission vehicle program (NLEV) as contingency measures. 
The redesignation request establishes a motor vehicle emissions budget 
of 55.83 tons per day for carbon monoxide to be used in determining 
transportation conformity for the Manchester area. The redesignation 
request and maintenance plan meet the redesignation requirements in 
sections 107(d)(3)(E) and 175A of the Act as amended in 1990, 
respectively.
    (c) Approval--On February 2, 1999, the New Hampshire Department of 
Environmental Services submitted a request to redesignate the City of 
Nashua carbon monoxide nonattainment area to attainment for carbon 
monoxide. As part of the redesignation request, the State submitted a 
maintenance plan as required by 175A of the Clean Air Act, as amended in 
1990. Elements of the section 175A maintenance plan include a base year 
(1990 attainment year) emission inventory for carbon monoxide, a 
demonstration of maintenance of the carbon monoxide NAAQS with projected 
emission inventories to the year 2010 for carbon monoxide, a plan to 
verify continued attainment, a contingency plan, and an obligation to 
submit additional information in eight years acknowledging that the 
maintenance plan will remain in effect through the year 2020, as 
required by the Clean Air Act. If the area records a violation of the 
carbon monoxide NAAQS (which must be confirmed by the State), New 
Hampshire will implement one or more appropriate contingency measure(s) 
which are contained in the contingency plan. The menu of contingency 
measures includes the enhanced safety inspection program and New 
Hampshire's low emission vehicle

[[Page 486]]

program (NLEV) as contingency measures. The redesignation request 
establishes a motor vehicle emissions budget of 60.13 tons per day for 
carbon monoxide to be used in determining transportation conformity for 
the Nashua area. The redesignation request and maintenance plan meet the 
redesignation requirements in sections 107(d)(3)(E) and 175A of the Act 
as amended in 1990, respectively.
    (d) Approval--On May 30, 2007, the New Hampshire Department of 
Environmental Services submitted a modification to the Nashua 
maintenance plan approved in paragraph (c) of this section. New 
Hampshire will not conduct CO monitoring in Nashua, but instead commits 
to continue to collect and review CO monitoring data from nearby 
Manchester, NH on an on-going basis. In the event the second highest CO 
concentration in any calendar year monitored in Manchester reaches 75 
percent of the federal 1-hour or 8-hour national ambient air quality 
standard for CO, New Hampshire will, within 9 months of recording such 
concentrations, re-establish a CO monitoring site in Nashua consistent 
with EPA siting criteria, and resume analyzing and reporting those data. 
New Hampshire commits to implement its contingency program in Nashua in 
the event that a CO violation is monitored at the re-established Nashua 
monitoring site at any time during the maintenance period. If the 
Manchester CO monitor measures a violation of the either the federal 1-
hour or 8-hour NAAQS for CO, contingency measures will be implemented in 
Nashua as well, until a re-established CO monitor in Nashua shows that 
the area is in attainment of the CO standard.

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



Sec. 52.1529  Significant deterioration of air quality.

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

[67 FR 65713, Oct. 28, 2002]



Sec. 52.1530  Requirements for State implementation plan revisions
relating to new motor vehicles.

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

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1531  Visibility protection.

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

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1532  Stack height review.

    The State of New Hampshire has declared to the satisfaction of EPA 
that no existing emission limitations have been affected by stack height 
credits greater than good engineering practice or any other prohibited 
dispersion technique as defined in EPA's stack height regulations, as 
revised on July 8, 1985. This declaration was submitted to EPA on March 
21, 1986. The State has further declared in a letter from Dennis 
Lunderville, dated July 25, 1986, that, ``As part of our new source 
review activities under the New Hampshire SIP and our delegated PSD 
authority, the New Hampshire Air Resources Agency will follow EPA's 
stack height regulation as revised in the Federal Register on July 8, 
1985 (50 FR 27892).'' Thus, New Hampshire has satisfactorily 
demonstrated that its regulations meet 40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]



Sec. 52.1533  Emission inventories.

    (a) The Governor's designee for the State of New Hampshire submitted 
a 1990 base year emission inventory for the entire state on January 26, 
1993 as

[[Page 487]]

a revision to the State Implementation Plan (SIP). Subsequent revisions 
to the State's 1990 inventories were made, the last of which occurred on 
August 29, 1996. The 1990 base year emission inventory requirement of 
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for the three nonattainment areas in the State. The three 
areas are the Portsmouth-Dover-Rochester serious area, the New Hampshire 
portion of the Boston-Lawrence-Worcester serious area, and the 
Manchester marginal area.
    (b) The inventory is for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventory 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The Portsmouth-Dover-Rochester serious nonattainment area 
includes all of Strafford County and part of Rockingham County. The New 
Hampshire portion of the Boston-Lawrence-Worcester serious area includes 
portions of Hillsborough and Rockingham Counties. The Manchester 
marginal area contains all of Merrimack County and portions of 
Hillsborough and Rockingham Counties.

[62 FR 55525, Oct. 27, 1997]



Sec. 52.1534  Control strategy: Ozone.

    (a) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on September 27, 1996. 
These revisions are for the purpose of satisfying the rate of progress 
requirement of section 182(c)(2)(B), and the contingency measure 
requirements of section 182(c)(9) of the Clean Air Act, for the 
Portsmouth-Dover-Rochester serious area, and the New Hampshire portion 
of the Boston-Lawrence-Worcester serious area.
    (b) Approval--Revisions to the State Implementation Plan submitted 
by the New Hampshire Department of Environmental Protection on June 1, 
1998. The revisions are for the purpose of satisfying the one-hour ozone 
attainment demonstration requirements of section 182(c)(2)(A) of the 
Clean Air Act, for the Boston-Lawrence-Worcester, MA-NH serious ozone 
nonattainment area. The revision establishes a one-hour attainment date 
of November 15, 2007 for the Boston-Lawrence-Worcester, MA-NH serious 
ozone nonattainment area. This revision establishes motor vehicle 
emissions budgets of 10.72 tons per day of volatile organic compounds 
(VOC) and 21.37 tons per day of nitrogen oxides (NOX) to be 
used in transportation conformity in the New Hampshire portion of the 
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area.
    (c) Determination of Attainment. Effective March 18, 2008, EPA is 
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-
hour ozone nonattainment area has attained the 8-hour ozone standard. 
Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), this determination suspends the reasonable further progress and 
attainment demonstration requirements of section 182(b)(1) and related 
requirements of section 172(c)(9) of the Clean Air Act for as long as 
the area does not monitor any violations of the 8-hour ozone standard. 
If a violation of the ozone NAAQS is monitored in the Boston-Manchester-
Portsmouth (SE), New Hampshire 8-hour ozone nonattainment area, this 
determination shall no longer apply.
    (d) Approval--Revision to the State Implementation Plan submitted by 
the New Hampshire Department of Environmental Services on May 28, 2008. 
This revision establishes Year 2009 motor vehicle emission budgets of 
15.31 tons per summer day of volatile organic compounds (VOC) and 28.53 
tons per summer day of nitrogen oxides (NOX) to be used in 
transportation conformity in the Boston-Manchester-Portsmouth (SE), New 
Hampshire moderate 8-hour ozone nonattainment area.
    (e) Determination of Attainment. Effective April 18, 2011, EPA is 
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-
hour ozone nonattainment area has attained the 1997 8-hour ozone 
standard based on 2007-2009 monitoring data. 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

[[Page 488]]

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 Boston-Manchester-Portsmouth (SE), New Hampshire 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.
    (f) Determination of Attainment for the One-Hour Ozone Standard. 
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour 
ozone standard, by the area's applicable attainment date of November 15, 
2007, based on 2005-2007 complete, certified, quality-assured ozone 
monitoring data at all monitoring sites in the area.
    (g) Determination of Attainment. Effective November 29, 2012, EPA is 
determining that the Portsmouth-Dover-Rochester one-hour ozone 
nonattainment area met the one-hour ozone standard, by the area's 
applicable attainment date of November 15, 1999, based on 1997-1999 
complete, certified, quality-assured ozone monitoring data at all 
monitoring sites in the area. Separate from and independent of this 
determination, EPA is determining that the Portsmouth-Dover-Rochester 
serious one-hour ozone nonattainment area has attained the one-hour 
ozone standard since 1999 and continues to attain based on complete, 
quality-assured data ozone monitoring data through 2011.
    (h) Determination of Attainment. Effective November 29, 2012, EPA is 
determining that the Manchester one-hour ozone nonattainment area met 
the one-hour ozone standard, by the area's applicable attainment date of 
November 15, 1993, based on 1991-1993 complete, certified, quality-
assured ozone monitoring data at all monitoring sites in the area. 
Separate from and independent of this determination, EPA is determining 
that the Manchester marginal one-hour ozone nonattainment area has 
attained the one-hour ozone standard, since 1993, and that it continues 
to attain based on complete quality-assured ozone monitoring data 
through 2011.
    (i) Approval--EPA is approving a redesignation request for the 
Boston-Manchester-Portsmouth (SE), New Hampshire moderate 1997 8-hour 
ozone nonattainment area. New Hampshire submitted this request on March 
2, 2012, and supplemented this submittal on September 21, 2012. 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 as required by the Clean 
Air Act. The ozone maintenance plan also establishes 2008 and 2022 Motor 
Vehicle Emission Budgets (MVEBs) for the area. New Hampshire is 
establishing 2008 MVEBs of 17.8 tons per summer weekday (tpswd) of VOC 
and 37.2 tpswd of NOX, for the Boston-Manchester-Portsmouth 
(SE), New Hampshire 1997 8-hour ozone maintenance area. In addition, New 
Hampshire is establishing MVEBs for 2022 at 9.2 tpswd of VOC and 11.8 
tpswd of NOX, for the same area. The 2008 and 2022 MVEBs were 
prepared with the MOVES model. Previously SIP-approved 2009 MVEBs 
prepared with MOBILE6.2 are being withdrawn. Finally, EPA is also 
approving a comprehensive 2008 emission inventory for this area.

[67 FR 18497, Apr. 16, 2002, as amended at 67 FR 72576, Dec. 6, 2002; 73 
FR 14388, Mar. 18, 2008; 74 FR 8867, Feb. 27, 2009; 76 FR 14807, Mar. 
18, 2011; 77 FR 31498, May 29, 2012; 77 FR 65627, Oct. 30, 2012; 78 FR 
6743, Jan. 31, 2013]



Sec. 52.1535  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of New Hampshire'' and all revisions submitted by New 
Hampshire that were federally approved prior to August 18, 2009.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions to the plan correcting 
minor deficiencies submitted on February 23, 1972, by the New Hampshire 
Air Pollution Control Agency.
    (2) Non-regulatory provisions for retention and availability of air 
quality

[[Page 489]]

data submitted on March 23, 1972, by the New Hampshire Air Pollution 
Control Agency.
    (3) Attainment dates of national primary and secondary air quality 
standards submitted on August 8, 1972, by the New Hampshire Air 
Pollution Control Agency.
    (4) Revision of regulation No. 5, section 111.A, limiting sulfur 
content of fuels submitted on September 26, 1972, by the New Hampshire 
Air Pollution Control Agency.
    (5) Compliance schedules submitted on February 14, 1973, by the New 
Hampshire Air Pollution Control Agency.
    (6) Compliance schedules submitted on March 22, 1973, by the New 
Hampshire Air Pollution Control Agency.
    (7) Revision exempting steam locomotives from the plan submitted on 
April 3, 1973, by the New Hampshire Air Pollution Control Agency.
    (8) Regulation No. 20 requiring review of indirect sources submitted 
on December 13, 1973, by New Hampshire Air Pollution Control Agency.
    (9) AQMA identification material submitted on May 20, 1974, by the 
New Hampshire Air Pollution Control Agency.
    (10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11, 
13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air 
Pollution Control Agency.
    (11) Revision to Regulation 18, ``Requirements for Recordkeeping at 
Facilities which Discharge Air Contaminants,'' submitted on May 28, 
1975, by the New Hampshire Air Pollution Control Agency.
    (12) Attainment plans to meet the requirements of Part D for carbon 
monoxide for Metropolitan Manchester and ozone for AQCR 121, programs 
for the review of construction and operation of new and modified major 
stationary sources of pollution in both attainment and non-attainment 
areas and certain miscellaneous provisions were submitted on May 29, 
1979, November 6, 1979, and March 17, 1980.
    (13) Attainment plans to meet the requirements of Part D for total 
suspended particulates and sulfur dioxide in Berlin were submitted by 
the Governor of New Hampshire on September 19, 1979.
    (14) Revisions to Regulation 5, Prevention, Abatement, and Control 
of Sulfur Emission from Stationary Combustion Equipment, submitted by 
the Governor of New Hampshire on July 12, 1973 and April 11, 1975.
    (15) A plan to provide comprehensive public participation and an 
analysis of the effects of the New Hampshire 1979 SIP revisions were 
submitted on February 28, 1980.
    (16) Revised regulations to assure reasonable further progress and 
compliance by owners of proposed new sources with Federal as well as 
state regulations were submitted on July 8, 1980.
    (17) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the New Hampshire Air 
Resource Agency Director on January 30, 1980.
    (18) A plan to attain and maintain the National Ambient Air Quality 
Standard for lead and to amend the state's air quality standards was 
submitted on April 15, 1980. A letter further explaining the state 
procedures for review of new major sources of lead emissions and 
confirming the use of reference methods was submitted on December 9, 
1980 by the Director of the Air Resources Agency.
    (19) Revisions to meet the requirements of Part D and certain other 
sections of the Clean Air Act, as amended, for attaining carbon monoxide 
standards in the City of Manchester which were submitted on January 12, 
1981 and February 18, 1981. The revisions supplement the 1979 CO 
attainment plan (Sec. 52.1520(c)(12)) and include three air quality-
improving transportation projects and a schedule for submitting a plan 
which will demonstrate attainment by no later than December 31, 1987.
    (20) Revisions to meet ozone attainment requirements of Part D (VOC 
Control Regulations) were submitted on August 17, 1981 and are approved 
as follows: Regulations Air 1204.03, 1204.11(d), 1204.12, 1204.13, 
1204.18 and 1204.21.
    (21) Operating permits with compliance schedules for VOC sources 
were

[[Page 490]]

submitted May 2, 1980, May 16, 1980, November 20, 1981 and January 8, 
1982. Approved are operating permits for Mobil Oil Corporation; ATC 
Petroleum, Inc.; Velcro USA, Inc.; and Nashua Corporation's facility at 
Nashua.
    (22) Revisions to (i) provide a new format and renumber the SIP 
regulations with associated miscellaneous language changes for purposes 
of consistency; (ii) to delete redundant regulations and definitions; 
(iii) amend several regulations; and (iv) to add additional regulations 
submitted by the New Hampshire Air Resources Commission on June 17, 1982 
and August 31, 1982. The federally-approved regulations of the New 
Hampshire SIP are as follows:

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

    (23) Carbon monoxide attainment plan revisions for the City of 
Manchester which meet the requirements of Part D of the Act for 1982 SIP 
revisions. The revisions were submitted on October 5, 1982 and December 
20, 1982 by the New Hampshire Air Resources Agency.
    (24) A revision specifying the State will follow Federal permit 
notice and hearing procedures for applications subject to PSD 
requirements was submitted by the Air Resources Commission on November 
19, 1982.
    (25) Revisions to the State Implementation Plan for ozone, 
consisting of emission limits and compliance schedules for Oak Materials 
Group, Ideal Tape Co., Markem Corp., Essex Group, and Nashua Corp.'s 
Merrimack Facility, were submitted on December 23, 1982, December 30, 
1982, January 19, 1983, and March 18, 1983.
    (26) Revisions to CHAPTER Air 400, Section Air 402.02 (formerly 
Regulation 5). raising the allowable sulfur-in-oil limit for all but ten 
sources, were submitted by New Hampshire on July 12, 1973, April 11, 
1975, December 21, 1982 and March 29, 1983. The excluded sources are:

    1. International Packings Corp., Bristol.
    2. Dartmouth College, Hanover.
    3. Hinsdale Products Co., Inc., Hinsdale.
    4. Groveton Paper Co., Northumberland.
    5. James River Corp./Cascade Division, Gorham.
    6. Velcro USA, Inc., Manchester.
    7. ATC Petroleum, Newington.
    8. Anheuser-Busch, Inc., Merrimack.
    9. Hoague-Sprague Corp., West Hopkinton.
    10. Public Service Co., Manchester Steam, Manchester.

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

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

    (30) Revisions to Air 1201.05 adding paragraph (e), concerning 
hazardous waste incinerators, was submitted on

[[Page 491]]

April 9, 1984. Approval of this regulation shall not be construed to 
supercede New Source Performance Standards; National Emission Standards 
for Hazardous Air Pollutants; and the regulations controlling emissions 
from major new or modified stationary sources in attainment and non-
attainment areas.
    (31) Revisions raising the allowable sulfur-in-oil limit to 2.0% for 
two sources excluded from revisions to CHAPTER Air 400, Section 402.02 
(identified at paragraph (c)(26) of this section), submitted on January 
13, 1984. The two sources, and the source specific restrictions at each, 
are:
    (i) Manchester Steam Station, Public Service Company of N.H., 
Manchester (The auxiliary boiler is allowed to burn 2.0% sulfur oil as 
long as the main boilers remain inactive. If either or both of the main 
boilers are reactivated, the maximum sulfur content of oil burned in any 
boiler shall not exceed 1.7% by weight. In addition, each main boiler 
shall not operate until its stack height is increased to 45 m.)
    (ii) Hinsdale Products Co., Inc., Hinsdale (Limited to a maximum 
hourly fuel firing rate of 213 gallons.)
    (32) A revision submitted on December 22, 1983 which requires Markem 
Corporation to install an incinerator. The installation of the 
incinerator must be completed by July 1, 1985.
    (33) The TSP plan to attain primary standards in Berlin, New 
Hampshire and the administrative order issued May 2, 1984 to the James 
River Corporation which were submitted by the Air Resources Agency on 
May 9, 1984.
    (34) Revisions to Part (Air) 610 of Chapter 600, ``Statewide Permit 
System'' for the preconstruction permitting of new major sources and 
major modifications in nonattainment areas submitted on April 9, 1984 
and September 10, 1984 by the New Hampshire Air Resources Commission.
    (35) A revision to approve operating limits for boilers at Dartmouth 
College, submitted on May 19, 1986 by the Director of the New Hampshire 
Air Resources Agency.
    (i) Incorporation by reference.
    (A) Permits to Operate issued by the State of New Hampshire Air 
Resources Agency to Dartmouth College, No. PO-B-1501.5, No. PO-B-1502.5, 
and No. PO-B-1503.5, and Temporary Permit TP-B-150.2, 3, and 4, dated 
January 6, 1986.
    (36) Approval of a revision to allow the James River Corporation 
(Cascade Mill), Gorham, to burn oil having a 2.2% sulfur-by-weight limit 
in accordance with previously approved SIP regulation Chapter Air 400, 
Section Air 402.02, submitted on February 11, 1985. This sources was 
excluded from revisions pertaining to New Hampshire regulation Chapter 
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this 
section), but New Hampshire has now submitted adequate technical support 
for approval.
    (37) Revisions to the State Implementation Plan submitted on April 
26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources 
Commission.
    (i) Incorporation by reference.
    (A) Letter dated April 26, 1985 from the New Hampshire Air Resources 
Commission submitting revisions to the State Implementation Plan for EPA 
approval.
    (B) Revisions to New Hampshire Code of Administrative Rules, Part 
Air 704.01, ``Permit Review Fee for Large Fuel Burning Devices,'' Part 
Air 704.02, ``Permit Review Fee for All Other Devices,'' Part Air 
706.01, ``Renewal Review Fee For Large Fuel Burning Devices,'' Part Air 
706.02, ``Renewal Review Fee For All Other Devices,'' Part Air 1202, 
``Fuel Burning Devices,'' effective on December 27, 1984.
    (C) Certification from the State of New Hampshire dated April 26, 
1985.
    (D) Letter from the State of New Hampshire dated January 20, 1986.
    (E) Letter from the State of New Hampshire dated May 12, 1987.
    (38) Approval of a revision to allow the James River Corporation, 
Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance 
with previously approved SIP regulation CHAPTER Air 400, Section Air 
402.02, submitted on January 22, 1986. This source was previously 
excluded from revisions pertaining to New Hampshire regulation CHAPTER 
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this 
section), but New Hampshire has now submitted adequate technical support 
for approval.
    (i) Incorporation by reference.

[[Page 492]]

    (A) The conditions in the following five Permits to Operate issued 
by the State of New Hampshire Air Resources Agency on September 6, 1985, 
to the James River Corporation--Groveton Group: Permit No. PO-B-1550, 
Conditions 5B, 5C, and 5D; Permit No. PO-B-213, Conditions 2 and 5A; 
Permit No. PO-B-214, Conditions 2 and 5A; Permit No. PO-B-215, 
Conditions 2 and 5A; and Permit No. PO-BP-2240, Condition 5B. These 
conditions limit the sulfur-in-fuel content at the James River 
Corporation, Groveton, to 2.2% sulfur by weight.
    (39) Attainment plans for carbon monoxide for the City of Nashua 
including an extension of the attainment date to December 31, 1990 as 
submitted on September 12, 1985, December 3, 1985, October 7, 1986, 
March 6, 1987, May 12, 1987 and October 15, 1987.
    (i) Incorporation by reference.
    (A) The New Hampshire Code of Administrative Rules, Department of 
Safety, Chapter 900, Emission Inspections, Part Saf-M, 901, Part Saf-M 
902, Part Saf-M 903, Part Saf-M 904, Part Saf-M 905, Part Saf-M 906,Part 
Saf-M 907, Part Saf-M 908, Part Saf-M 909, and Part Saf-M 910, effective 
October 6, 1986.
    (B) Section 715.02 Introductory Text and paragraph (1) of Part Saf-
M-715, and Sec. 716.01 Introductory Text and paragraph (g) of Part Saf-
M-716, submitted to New Hampshire Department of Safety by the State of 
New Hampshire on August 14, 1985.
    (ii) Additional material.
    (A) A letter from Governor John H. Sununu to Michael R. Deland, 
dated March 6, 1987, committing to take legislative measures to convert 
the Inspection/Maintenance program in the Nashua area to the use of 
computerized emission analyzers in the event that the program is found 
to not be achieving the necessary emission reductions.
    (B) Narrative submittals, including an attainment demonstration.
    (40) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 6, 1989.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated July 
6, 1989 submitting revisions to the New Hampshire State Implementation 
Plan.
    (B) Revisions to New Hampshire's Rule Env-A 303.01 entitled 
``Particulate Matter,'' effective April 21, 1989.
    (C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled 
``permissible Open Burning,'' effective May 26, 1989.
    (41) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on February 12, 1991.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
February 12, 1991 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Env-A 802.09 and Env-A 802.10 of the New Hampshire 
Administrative Rules Governing the Control of Air Pollution entitled 
``Continuous Emission Monitoring'' and ``CEM Recordkeeping 
Requirements,'' respectively. These regulations were effective on 
December 27, 1990.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (42) [Reserved]
    (43) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on November 21, 1989.
    (i) Incorporation by reference.
    (A) Letter form the New Hampshire Air Resources Division dated 
November 21, 1989 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Amendments to regulations for the State of New Hampshire's 
Administrative Rules Governing Air Pollution in Chapters Env-A 100, 800, 
900 and 1200 which were effective November 16, 1989.
    (C) Letter from Robert W. Varney, Commissioner of the Department of 
Environmental Services of New Hampshire, to John B. Hammond, Acting 
Director of the New Hampshire Office of Legislative Services, dated 
November 15, 1989, adopting final rules.
    (44) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 12, 1990.
    (i) Incorporation by reference.

[[Page 493]]

    Letter from the New Hampshire Air Resources Division dated September 
12, 1990 submitting a revision to the New Hampshire State Implementation 
Plan that withdraws nine source-specific operating permits incorporated 
by reference at 40 CFR 52.1520(c)(21), (c)(25) and (c)(32).
    (ii) Additional materials.
    Letter from the New Hampshire Air Resources Division dated July 2, 
1991 submitting documentation of a public hearing.
    (45) Revisions to the State Implementation Plan consisting of a 
readoption of the Rules Governing the Control of Air Pollution for the 
State of New Hampshire submitted by the New Hampshire Air Resources 
Division on February 12, 1991.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
February 12, 1991 submitting revisions to the New Hampshire State 
Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of New Hampshire effective on December 27, 1990:

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

    (ii) Additional materials.
    (A) Letters from the New Hampshire Air Resources Division dated May 
7, August 20, and August 26, 1991, March 6, and May 6, 1992 withdrawing 
certain portion of the February 12, 1991 SIP submittal.
    (46) Revisions to the State Implementation Plan consisting of 
amendments to Chapter Env-A 1204.12 Emission Control Methods for Cutback 
and Emulsified Asphalt submitted by the New Hampshire Air Resources 
Division on May 15, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated May 
15, 1992 submitting a revision to the New Hampshire State Implementation 
Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of New Hampshire effective on January 17, 1992: 
Chapter Env-A 1200: PART Env-A 1204.12 Emission Control Methods for 
Cutback and Emulsified Asphalt.
    (47) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on May 15, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated May 
15, 1992 submitting a revision to the New Hampshire State Implementation 
Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of New Hampshire effective on January 17, 1992:

--Chapter Env-A 800: Part Env-A 805
--Chapter Env-A 1200: Sections Env-A 1204.02, 1204.04, 1204.05-1204.08, 
    1204.14-1204.15.
    (48) [Reserved]
    (49) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on June 17, 1994, and December 21, 
1992.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated June 
17, 1994, and December 21, 1992, submitting revisions to the New 
Hampshire State Implementation Plan.
    (B) Regulations Chapter Env-A 1200, Part Env-A 1211, ``Nitrogen 
Oxides (NOX),'' effective on May 20, 1994, and Chapter Env-A 
900, Part Env-A 901, sections Env-A 901.06 ``NOX 
Recordkeeping Requirements,'' and Env-A 901.07, ``NOX 
Reporting Requirements,'' effective on November 13, 1992.
    (50) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 7, 1995, September 18, 1995, 
and October 18, 1995.
    (i) Incorporation by reference.

[[Page 494]]

    (A) Letters from the New Hampshire Air Resources Division dated July 
7, 1995, September 18, 1995, and October 18, 1995, submitting revisions 
to the New Hampshire State Implementation Plan.
    (B) New Hampshire NOX RACT Order ARD-95-001, concerning 
Groveton Paperboard Corporation, effective on May 10, 1995.
    (C) New Hampshire NOX RACT Order ARD-95-002, concerning 
Plymouth Cogeneration Limited Partnership, effective September 12, 1995.
    (D) New Hampshire NOX RACT Order ARD-95-003, concerning 
Waterville Valley Ski Area Limited, effective September 19, 1995.
    (51) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on December 9, 1996, June 28, 1996, 
October 24, 1996, and July 10, 1995.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated 
December 9, 1996, June 28, 1996, October 24, 1996, July 10, 1995 and 
December 21, 1992 submitting revisions to the New Hampshire State 
Implementation Plan (SIP), and a letter dated November 21, 1997 
withdrawing Env-A 1204.06 from the SIP submittal.
    (B) Regulations Part Env-A 801 ``Purpose;'' Part Env-A 802 ``Testing 
and Monitoring for Stationary Sources: General Requirements;'' Part Env-
A 902 ``Malfunctions and Breakdowns of Air Pollution Control 
Equipment;'' and Part Env-A 903 ``Compliance Schedules'' all effective 
November 15, 1992.
    (C) Regulations Part Env-A 803 ``VOC Testing;'' Part Env-A 804 
``Capture Efficiency;'' Sections Env-A 901.01 through 901.05, 901.08 and 
901.09 of Part Env-A 901 ``Recordkeeping and Reporting by Sources;'' and 
Part Env-A 1204 ``Stationary Sources of Volatile Organic Compounds 
(VOCs) (except 1204.06),'' all effective on August 31, 1995.
    (D) New Hampshire VOC RACT Order ARD-94-001, concerning L.W. 
Packard, effective May 5, 1995.
    (E) New Hampshire VOC RACT Order ARD-95-010, concerning Kalwall in 
Manchester, NH, effective September 10, 1996.
    (F) New Hampshire VOC RACT Order ARD-96-001, concerning Textile 
Tapes Corporation, NH, effective October 4, 1996.
    (52) A revision to the New Hampshire SIP regarding ozone monitoring. 
The State of New Hampshire will modify its SLAMS and its NAMS monitoring 
system to include a PAMS network design and establish monitoring sites. 
The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) State of New Hampshire Photochemical Assessment Monitoring 
Stations--Network Plan--Network Overview.
    (ii) Additional material.
    (A) NH-DES letter dated December 13, 1994, and signed by Thomas M. 
Noel, Acting Director, NH-DES.
    (53) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on August 29, 1996. This revision is 
for the purpose of satisfying the rate-of-progress requirement of 
section 182(b) and the contingency measure requirement of section 
172(c)(9) of the Clean Air Act, for the Portsmouth-Dover-Rochester 
serious ozone nonattainment area, and the New Hampshire portion of the 
Boston-Lawrence-Worcester serious ozone nonattainment area.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
August 29, 1996 submitting a revision to the New Hampshire State 
Implementation Plan.
    (54) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on April 14, 1997, May 6, 1997, and 
September 24, 1997.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated 
April 14, 1997, May 6, 1997, and September 24, 1997 submitting revisions 
to the New Hampshire State Implementation Plan.
    (B) New Hampshire NOX RACT Order ARD-97-001, concerning 
Public Service Company of New Hampshire in Bow, effective on April 14, 
1997.
    (C) New Hampshire NOX RACT Order ARD-95-011, concerning 
Hampshire Chemical Corporation, effective on May 6, 1997.

[[Page 495]]

    (D) New Hampshire NOX RACT Order ARD-97-003, concerning 
Crown Vantage, effective September 24, 1997.
    (55)-(56) [Reserved]
    (57) Revision to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 27, 1998.
    (i) Incorporation by reference.
    (A) Regulation Chapter Env-A 3200 NOX Budget Trading 
Program adopted and effective on July 17, 1998.
    (ii) Additional materials.
    (A) Letter from the New Hampshire Air Resources Division dated July 
27, 1998 submitting Chapter Env-A 3200 NOX Budget Trading 
Program as a revision to the New Hampshire State Implementation Plan.
    (58) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on November 25, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
November 24, 1992 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Part Env-A 1205 ``Volatile Organic Compounds (VOC): Gasoline 
Dispensing Facilities and Gasoline Tank Trucks,'' effective in the State 
of New Hampshire on August 17, 1992.
    (ii) Additional materials.
    (A) New Hampshire Department of Environmental Services ``Stage II 
Equivalency Demonstration,'' dated November 1992.
    (B) Nonregulatory portions of the submittal.
    (59) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 4, 1998 and November 20, 
1998.
    (i) Incorporation by reference.
    (A) New Hampshire Code of Administrative Rules, Part Saf-C 3221A 
``Emission Amendments to Official Motor Vehicle Inspection 
Requirements'' as adopted on November 17, 1998; and Part Saf-C 5800 
``Roadside Diesel Opacity Inspection Program Rules'' as adopted on 
November 17, 1998.
    (ii) Additional material.
    (A) Document entitled ``Alternative New Hampshire Motor Vehicle 
Inspection/Maintenance State Implementation Plan Revision'' dated 
September 4, 1998.
    (B) Letters from the New Hampshire Air Resources Division dated 
September 4, 1998 and November 20, 1998 submitting a revision to the New 
Hampshire State Implementation Plan.
    (60) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division August 6, 2001 and April 26, 1995.
    (i) Incorporation by reference.
    (A) Section 623.01 and sections 623.03 through 623.06 of New 
Hampshire's rule PART Env-A 623 rule entitled, ``Prevention of 
Significant Deterioration (PSD) Of Air Quality Permit Requirements.'' 
This regulation was adopted in the State of New Hampshire on July 23, 
2001.
    (B) New Hampshire's rules PART Env-A 205.03, ``Applications Subject 
to PSD Requirements,'' and PART Env-A 205.04, ``Applications Subject to 
Nonattainment Requirements.'' These regulations were adopted in the 
State of New Hampshire on February 22, 1995 and amended on July 23, 
2001.
    (ii) Additional materials.
    (A) Letter from the New Hampshire Air Resources Division dated 
August 6, 2001 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Letter from the New Hampshire Air Resources Division dated April 
26, 1995 submitting a revision to the New Hampshire State Implementation 
Plan.
    (C) Nonregulatory portions of the State submittal.
    (61) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on July 9, 1998.
    (i) Additional materials.
    (A) ``New Hampshire Stage II Comparability Analysis,'' prepared by 
the New Hampshire Department of Environmental Services, dated July 1, 
1998.
    (62) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on June 7, 1994.
    (i) Additional materials.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated June 7, 1994 submitting a revision to the New Hampshire 
State Implementation Plan.

[[Page 496]]

    (B) ``Clean Fuel Fleet Equivalency Demonstration,'' prepared by the 
New Hampshire Department of Environmental Services, dated May, 1994.
    (63) Revisions to the State Implementation Plan Submitted by the New 
Hampshire Department of Environmental Services on July 10, 1996.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated July 10, 1996 submitting a revision to the New Hampshire 
State Implementation Plan.
    (B) Part Env-A 1502 of Chapter Env-A 1500 of the New Hampshire Code 
of Administrative Rules titled ``Conformity of General Federal 
Actions,'' adopted in the State of New Hampshire on April 25, 1996.
    (64) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 27, 1998.
    (i) Incorporation by reference.
    (A) Order ARD 98-001 issued by the New Hampshire Department of 
Environmental Services to Public Service Company of New Hampshire on 
July 17, 1998, with attachments: Discrete emission reduction protocol 
for Public Service of New Hampshire's Schiller Station, Units 4, 5 and 
6, submitted to the New Hampshire Department of Environmental Services 
on April 10, 1998; and Discrete emission reduction protocol for Public 
Service of New Hampshire's Newington Station, Unit 1, submitted to the 
New Hampshire Department of Environmental Services on April 10, 1998.
    (ii) Additional materials.
    (A) Letter from the New Hampshire Air Resources Division dated July 
17, 1998 submitting Final RACT Order 98-001 as a revision to the New 
Hampshire State Implementation Plan.
    (65) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on August 16, 1999.
    (i) Incorporation by reference. New Hampshire regulation Chapter 
Env-A 3600, entitled ``National Low Emission Vehicle (National LEV) 
Program'' adopted July 21, 1999.
    (ii) Additional material. Letter from the New Hampshire Department 
of Environmental Services dated August 16, 1999 submitting the Low 
Emission Vehicle program as a revision to the State Implementation Plan.
    (66) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 29, 1993 and July 2, 1999.
    (i) Incorporation by reference.
    (A) New Hampshire's PART Env-A 610 ``Additional Requirements in Non-
attainment Areas and the New Hampshire Portion of the Northeast Ozone 
Transport Region'' adopted on May 21, 1993.
    (B) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional 
Requirements in Non-attainment Areas and the New Hampshire Portion of 
the Northeast Ozone Transport Region'' incorporating the ``Plant-wide 
Source,'' adopted on June 26, 1997.
    (C) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional 
Requirements in Non-attainment Areas and the New Hampshire Portion of 
the Northeast Ozone Transport Region,'' addition of the requirements for 
section 173(a)(4) and (5) of the CAA, adopted on January 29, 1999.
    (D) Letter from the New Hampshire Air Resources Division dated July 
29, 1993 submitting a revision to the New Hampshire State Implementation 
Plan.
    (E) Letter from the New Hampshire Air Resources Division dated July 
2, 1999 submitting a revision to the New Hampshire State Implementation 
Plan.
    (67) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 11, 1998.
    (i) Additional materials.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated September 11, 1998 stating a negative declaration for the 
aerospace coating operations Control Techniques Guideline category.
    (68) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on June 28, 1996 and April 15, 2002.
    (i) Incorporation by reference.
    (A) Order ARD-00-001 issued by the New Hampshire DES to Anheuser-
Busch Incorporated, effective April 15, 2002.

[[Page 497]]

    (B) Env-A 1204.27, ``Applicability Criteria and Compliance Options 
for Miscellaneous and Multi-category Stationary VOC Sources,'' effective 
August 21, 1995, is granted full approval for the New Hampshire portion 
of the eastern Massachusetts serious ozone nonattainment area.
    (ii) Additional materials.
    (A) Letter from the DES, dated April 15, 2002, submitting revised 
Anheuser-Busch order to EPA as a SIP revision and withdrawing previous 
submittal for this facility dated June 20, 2000.
    (B) Letter from the DES, dated March 22, 2002, containing 
information on New Filcas of America.

[37 FR 10879, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1535, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                          Subpart FF_New Jersey



Sec. 52.1570  Identification of plan.

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

[[Page 498]]

1976 to Owens Illinois, Inc., Cumberland County, New Jersey pursuant to 
the New Jersey Administrative Code (N.J.A.C.) 7:27-9.5(a) and submitted 
on September 17, 1976 by the New Jersey Department of Environmental 
Protection.
    (16) A revision submitted by the New Jersey Department of 
Environmental Protection consisting of an October 27, 1976 letter 
indicating the extension, to July 12, 1977, of ``variances'' to the 
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-9.1 et 
seq., Sulfur in Fuel, for 18 facilities; and supplemental technical 
information submitted in a November 22, 1976 letter. The extended 
``variances'' including all their terms and conditions are made a part 
of the New Jersey State Implementation Plan. The facilities affected by 
these ``variances'', their location and applicable sulfur in fuel oil 
limitation until July 12, 1977 are as follows:

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

    (17) A revision submitted by the New Jersey Department of 
Environmental Protection consisting of a January 10, 1978 letter 
indicating the extension, to July 12, 1978, of ``variances'' to the 
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27--9.1 et 
seq., Sulfur in Fuel, for 17 facilities and accompanying supplemental 
information. The extended ``variances'' including all their terms and 
conditions are made a part of the New Jersey State implementation plan. 
The facilities affected by these ``variances,'' their locations, and 
applicable sulfur-in-fuel-oil limitations until July 12, 1978 are as 
follows:

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

    (18) A revision submitted by the New Jersey Department of 
Environmental Protection consisting of a June 26, 1978 letter indicating 
the extension, to January 12, 1979 or until such time as the State 
places into effect revised permanent sulfur-in-fuel-oil regulations, of 
``variances'' to the provisions of the New Jersey Administrative Code 
(N.J.A.C.) 7:27-9.1 et seq., Sulfur in Fuel,

[[Page 499]]

for 17 facilities and accompanying supplemental information. The 
extended ``variances'' including all their terms and conditions are made 
a part of the New Jersey State Implementation Plan. The facilities 
affected by these ``variances'', their locations, and applicable sulfur-
in-fuel-oil limitations until January 12, 1979 or until such time as the 
State places into effect and EPA approves revised permanent sulfur-in-
fuel-oil regulations are as follow:

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

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

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

[[Page 500]]

regulation controlling VOS, operating and maintenance procedures for 
open top tanks and surface cleaners covered under the State's draft VOS 
control regulation, and evaporative losses from VOS storage tanks.
    A package consisting of a cover letter dated October 3, 1979 from 
the New Jersey Department of Environmental Protection to EPA and an 
accompanying report covering an analysis of the Bridgeton particulates 
downwash problem and the State's effort to execute memoranda of 
understanding with its Metropolitan Planning Organization.
    A cover letter received by EPA dated October 19, 1979 from the New 
Jersey Department of Environmental Protection together with the State's 
adopted regulation for control of VOS, N.J.A.C. 7:27-16.1 et seq., and 
``Report of Public Hearing and Basis for promulation .
    A package consisting of a letter dated January 9, 1980 from the New 
Jersey Department of Environmental Protection to EPA covering the 
conditions on SIP approval which were listed by EPA in the proposed 
rulemaking notice for the SIP revision and four references covering the 
October 3, 1979 Bridgeton particulates analysis, an updated Bridgeton 
particulates analysis, and an energy analysis of certain VOS controls 
called for in N.J.A.C. 7:27-16.1 et seq. justifying the State's position 
on seasonal variances for certain VOS sources.

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

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

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

[[Page 501]]

to Subchapter 10, Sulfur in Solid Fuels, N.J.A.C. 7:27-10.1 et seq., an 
Order of Adoption, the Report of Public Hearing, and the Basis for the 
Proposed Amendments.
    (32) Revisions submitted on March 17, 1982 and April 27, 1982 by the 
New Jersey State Department of Environmental Protection which grant 
``cullet variances'' to furnace number 2 of the Anchor Hocking 
Corporation's Salem plant and furnaces G, Y, J, K, L, M, R of the Owens-
Illinois, Inc. Vineland plant. The ``cullet variances'' will remain in 
effect for up to two years from August 10, 1982.
    (33) A revision submitted by the New Jersey Department of 
Environmental Protection on December 16, 1982 consisting of amendments 
to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-
9.1 et seq., Sulfur in Fuels, to provide for ``sulfur dioxide bubbles'' 
and ``clean conversion incentives.''
    (34) Revisions to the New Jersey State Implementation Plan submitted 
on November 23, 1982, January 18, 1983, February 14, 1983, July 11, 
1983, July 28, 1983 and September 26, 1983 by the New Jersey Department 
of Environmental Protection.
    (35) A supplementary submittal dated July 11, 1983, from the 
Department of Environmental Protection consisting of adopted revisions 
to: Subchapter 3--``Control and Prohibition of Smoke from Combustion of 
Fuel,'' dated October 12, 1977, Subchapter 4--``Control and Prohibition 
of Particles from Combustion of Fuel,'' dated October 12, 1977, and 
Subchapter 5--``Prohibition of Air Pollution,'' dated October 12, 1977, 
of Title 7, Chapter 27 of the New Jersey Administrative Code; the 
proposed Regulatory Amendments; the Report of the Public Hearing; and 
the Order of Adoption.
    (36) A revision submitted by the New Jersey Department of 
Environmental Protection to allow U.S. Gypsum Co. temporarily to burn 
fuel oil with a sulfur content of 2.0 percent, by weight, at either 
Boiler 1, 2, or 3 at its Clark, New Jersey 
plant. The New Jersey submittal consists of an April 14, 1983 letter 
transmitting a State issued February 14, 1983 Public Notice and a letter 
dated March 14, 1983 transmitting an Administrative consent order 
detailing procedures to be used by the State to determine compliance. 
This revision will remain in effect until March 31, 1985 or until Boiler 
4 is ready to burn coal, whichever occurs first.
    (37) Three permanently adopted regulations were submitted on January 
27, 1984 and February 1, 1984 regarding the operation of the inspection 
and maintenance program. These regulations pertain specifically to 
operating procedures for private inspection stations (New Jersey 
Administrative Code (N.J.A.C.) 13:20-33.1, 33.2, 33.50, and 33.51.), 
mechanic certification requirements (N.J.A.C. 13:20-32.4, 32.14, and 
32.15), and specifications for exhaust gas analyzers (N.J.A.C. 7:27-
15.1).
    (38) The New Jersey State Implementation Plan for attainment and 
maintenance of the lead standards was submitted on May 1 and August 15, 
1984, and on April 22, April 29, May 17, and July 16, 1985 by the New 
Jersey Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Revisions to N.J.A.C. 7:27-8, ``Permits and Certificates,'' 
effective April 5, 1985.
    (B) Revisions to N.J.A.C. 7:27-13, ``Ambient Air Quality 
Standards,'' effective June 25, 1985.
    (C) Revisions to N.J.A.C. 7:27-18, ``Control and Prohibition of Air 
Pollution from New or Altered Sources Affecting Ambient Air Quality 
(Emission Offset Rule),'' effective March 11, 1985.
    (D) A July 16, 1985 letter from the Department of Environmental 
Protection; with attachment of letter dated July 15, 1985, contains 
schedules for revising N.J.A.C. 7:27-6, ``Control and Prohibition of 
Particles from Manufacturing Process,'' to incorporate maximum allowable 
emission rates for lead and for adopting a new section, N.J.A.C. 7:27-
19, to govern the combustion of liquid fuels, if necessary.
    (E) ``RACT-plus studies'' to determine strategies to eliminate 
violation of the lead standards in the vicinity of Heubach, Inc., Newark 
and Delco Remy, New Brunswick will be completed by November 1, 1985 and 
control measures will be selected by January 1986.
    (ii) Additional material.

[[Page 502]]

    (A) Narrative submittal of the Lead SIP, including attainment 
demonstration, air quality data and summary of both current and 
projected lead emissions.
    (39) A revision to the plan for attainment of the particulate matter 
standards submitted by the New Jersey Department of Environmental 
Protection on February 21, March 14, and November 18, 1985.
    (i) Incorporation by reference.
    (A) Revisions to N.J.A.C. 7:27-14, ``Control and Prohibition of Air 
Pollution from Diesel-Powered Motor Vehicles,'' effective July 1, 1985.
    (B) Adoption of a new section of N.J.A.C. 7:27B-4 entitled ``Air 
Test Method 4, Testing Procedures for Motor Vehicles,'' effective July 
1, 1985.
    (C) The following sections of N.J.A.C. 16:53 ``Autobus 
Specifications which was effective on October 17, 1983:

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

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

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

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

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

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

[[Page 503]]

October 13, 1987 by the New Jersey Department of Environmental 
Protection.
    (i) Incorporation by reference.
    Subchapter 2A of chapter 26, title 7 of the New Jersey 
Administrative Code, ``Additional, Specific Disposal Regulations for 
Sanitary Landfills,'' effective June 1, 1987.
    (ii) Additional material.
    New Jersey Department of Environmental Protection memorandum on 
landfill gas emissions and control, dated October 7, 1987.
    (45) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone submitted on January 27, 1989 by the New Jersey State Department 
of Environmental Protection (NJDEP) for its state gasoline volatility 
program, including any waivers that may be granted under the program by 
the state. In 1989, the control period will begin on June 30.
    (i) Incorporation by reference. Subchapter 25 of chapter 27, title 7 
of the New Jersey Administrative Code entitled ``Control and Prohibition 
of Air Pollution by Vehicular Fuels,'' adopted on January 27, 1989 and 
effective on February 21, 1989.
    (ii) Additional material. April 27, 1989 letter from Christopher 
Daggett, NJDEP, to William Muszynski, EPA Region II.
    (46) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning motor vehicle refueling controls dated February 22, 
1988, submitted by the New Jersey Department of Environmental Protection 
(NJDEP).
    (i) Incorporation by reference: Amendments to sections 16.1 and 16.3 
of subchapter 16 of title 7 of the New Jersey Administrative Code, 
entitled ``Control and Prohibition of Air Pollution by Volatile Organic 
Substances,'' effective January 19, 1988.
    (ii) Additional material:
    (A) February 22, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad 
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
    (B) April 18, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad 
Simon, EPA, providing copies of the test methods and permit approval 
conditions applicable to Stage II vapor recovery systems in New Jersey.
    (47) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the motor vehicle inspection and maintenance (I/M) 
program dated March 6, 1987, submitted by the New Jersey Department of 
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to title 7, chapter 27, subchapter 15 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution From Gasoline-Fueled Motor Vehicles,'' effective January 21, 
1985.
    (B) Amendments to title 13, chapter 20, subchapter 28 of the New 
Jersey Administrative Code, entitled ``Enforcement Service Inspection of 
New Passenger Vehicles and New Motorcycles,'' effective January 21, 
1985.
    (ii) Additional material.
    (A) July 24, 1990 letter from David West, NJDEP, to Rudolph 
Kapichak, EPA, submitting the results of the study by Pacific 
Environmental Services on the health risks of performing the fuel inlet 
restrictor inspections.
    (B) July 1, 1990 letter from David West, NJDEP, to Rudolph Kapichak, 
EPA, notifying of the resumption of fuel inlet restrictor inspections.
    (48) A revision submitted on June 3, 1988 by the New Jersey 
Department of Environmental Protection (NJDEP) to revise its 
implementation plan to include revised testing procedures.
    (i) Incorporation by reference: New Jersey Administrative Code 
7:27B-3, ``Air Test Method 3--Sampling and Analytical Procedures for the 
Determination of Volatile Organic Substances from Source Operations,'' 
effective 9/8/86.
    (ii) Additional material: October 15, 1990 letter from William 
O'Sullivan, NJDEP to William S. Baker, EPA.
    (49) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of fugitive gasoline vapors resulting from 
the loading of marine transport vessels, dated June 20, 1990, submitted 
by the New Jersey Department of Environmental Protection and Energy 
(NJDEPE).
    (i) Incorporation by reference.
    (A) Amendments to Title 7, Chapter 27, Subchapter 16 of the New 
Jersey Administrative Code, entitled ``Control

[[Page 504]]

and Prohibition of Air Pollution by Volatile Organic Substances,'' 
effective February 6, 1989.
    (B) Amendment to Title 7, Chapter 27, Subchapter 16 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective December 4, 1989.
    (ii) Additional material.
    (A) June 20, 1990, letter from Anthony J. McMahon, NJDEPE, to Conrad 
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
    (50) Regulation entitled ``Volatile Organic Substances in Consumer 
Products'' N.J.A.C. 7-27-23.1 et seq., dated July 30, 1990, submitted by 
the New Jersey Department of Environmental Protection and Energy 
(NJDEPE).
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 23 of the New Jersey 
Administrative Code, entitled ``Volatile Organic Substances in Consumer 
Products'' effective February 21, 1989.
    (B) Amendment to Title 7, Chapter 27, Subchapter 23 of the New 
Jersey Administrative Code, entitled ``Volatile Organic Substances in 
Consumer Products'' effective December 12, 1989.
    (C) Amendment to Title 7, Chapter 27, Subchapter 23 of the New 
Jersey Administrative Code, entitled ``Volatile Organic Substances in 
Consumer Products'' effective August 9, 1990.
    (ii) Additional material:
    (A) July 30, 1990 letter from Anthony J. McMahon, NJDEPE, to Conrad 
Simon, EPA, requesting EPA approval of Subchapter 23.
    (51) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from 
stationary sources, dated March 31, 1987, December 7, 1989, and March 
13, 1992, submitted by the New Jersey State Department of Environmental 
Protection and Energy (NJDEPE).
    (i) Incorporation by reference.
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 16, ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective September 22, 
1986,
    (B) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 16, ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective June 19, 1989,
    (C) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code: Subchapter 8, ``Permits and Certificates, Hearings, 
and Confidentiality,'' effective March 2, 1992; Subchapter 16, ``Control 
and Prohibition of Air Pollution by Volatile Organic Compounds,'' 
effective March 2, 1992, Subchapter 17, ``Control and Prohibition of Air 
Pollution by Toxic Substances,'' effective March 2, 1992; Subchapter 23, 
``Prevention of Air Pollution by Architectural Coatings and Consumer 
Products,'' effective March 2, 1992; Subchapter 25, ``Control and 
Prohibition of Air Pollution from Vehicular Fuels,'' effective March 2, 
1992; and Subchapter 3, ``Air Test Method 3: Sampling and Analytic 
Procedures for the Determination of Volatile Organic Compounds from 
Source Operations,'' effective March 2, 1992.
    (ii) Additional material.
    (A) March 31, 1987, letter from Jorge Berkowitz, NJDEP, to Conrad 
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (B) December 7, 1989, letter from Anthony McMahon, NJDEP, to Conrad 
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (C) March 13, 1992, letter from Nancy Wittenberg, NJDEPE, to Conrad 
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (52) Amendments submitted on April 21, 1993 by the New Jersey 
Department of Environmental Protection and Energy to New Jersey Air Code 
7:27-25 revising the testing requirements to gasoline providers in New 
Jersey are subject.
    (i) Incorporation by reference:
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 25, ``Control and Prohibition of Air 
Pollution from Vehicular Fuels,'' effective September 3, 1991.
    (53) A revision to the New Jersey State Implementation Plan (SIP) 
for an Emission Statement Program dated February 19, 1993, submitted by 
the New Jersey Department of Environmental Protection and Energy.

[[Page 505]]

    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 21, of the New Jersey 
Administrative Code entitled, ``Emission Statements,'' effective March 
15, 1993.
    (ii) Additional information:
    (A) May 24, 1993 letter from John Elston to Conrad Simon, EPA, 
transmitting supporting documentation necessary for approval of the SIP 
revisions. These items included:
    (1) Notice of Adoption, March 15, 1993.
    (2) Justification of Gasoline Dispensing Facility Exemption.
    (B) October 29, 1993 letter from John Elston to Conrad Simon, EPA, 
transmitting legislative language to reflect change in New Jersey's Air 
Pollution Control Act regarding confidentiality provisions.
    (C) February 3, 1994 letter from John Elston to Conrad Simon, EPA, 
requesting the use of EPA's Emission Statement waiver provision.
    (54) Revisions to the New Jersey State Implementation Plan (SIP) for 
carbon monoxide concerning the control of carbon monoxide from mobile 
sources, dated November 15, 1992 and November 21, 1994 submitted by the 
New Jersey State Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Chapter 27, Title 7 of the New Jersey Administrative Code 
Subchapter 18, ``Control and Prohibition of Air Pollution from New or 
Altered Sources Affecting Ambient Air Quality (Emission Offset Rules),'' 
effective March 15, 1993.
    (ii) Additional material.
    (A) November 21, 1994, Technical update to the New Jersey Carbon 
Monoxide SIP.
    (55)-(56) [Reserved]
    (57) The redesignation and maintenance plan for Camden County and 
the Nine not-classified areas (the City of Trenton, the City of 
Burlington, the Borough of Penns Grove (part), the Borough of Freehold, 
the City of Morristown, the City of Perth Amboy, the City of Toms River, 
the Borough of Somerville, and the City of Atlantic City) submitted by 
the New Jersey Department of Environmental Protection on September 28, 
1995, as part of the New Jersey SIP. The 1990 Baseline CO Emission 
Inventory for the State of New Jersey was submitted on November 15, 1992 
and a Technical Update was submitted on November 21, 1994.
    (i) Incorporation by reference.
    (A) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation And Maintenance Plan For Camden County,'' section 5.f, 
effective date September 28, 1995.
    (B) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation and Maintenance Plan for the Nine Not-Classified 
Nonattainment Areas,'' section 5.f, effective date September 28, 1995.
    (ii) Additional material.
    (A) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation And Maintenance Plan For Camden County'' with appendices, 
September 28, 1995.
    (B) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation and Maintenance Plan for the Nine Not-Classified 
Nonattainment Areas'' with appendices, September 28, 1995.
    (58) Revisions to the New Jersey State Implementation Plan (SIP) for 
carbon monoxide concerning the oxygen content of motor vehicle gasoline, 
dated November 15, 1992 submitted by the New Jersey State Department of 
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Chapter 27, Subchapter 25, ``Control and Prohibition 
of Air Pollution by Vehicular Fuels,'' effective October 5, 1992 (as 
limited in Sec. 52.1605).
    (59) Revisions to the State Implementation Plan submitted by the New 
Jersey Department of Environmental Protection on May 26, 1995, November 
8, 1995, January 10, 1996 and October 10, 1996.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD):
    The following facilities have been issued conditions of approval 
documents by New Jersey:
    (1) Edgeboro Disposal's landfill gas flares, Middlesex County, NJ 
COAD approval dated April 13, 1995, revised October 19, 1995 (effective 
November 6, 1995).

[[Page 506]]

    (2) E.I. duPont DeNemours and Co.'s carbon regeneration furnace, 
Salem County, NJ COAD approval dated June 7, 1995.
    (3) Hoeganaes Corp.'s electric arc furnace and tunnel kiln, 
Burlington County, NJ COAD approval dated February 3, 1995.
    (4) E.I. duPont DeNemours and Co.'s hazardous waste incinerator, 
Salem County, NJ COAD approval dated July 7, 1995.
    (5) Rollins Environmental Services' hazardous waste incinerator, 
Gloucester County, NJ COAD approval dated May 25, 1995.
    (6) American Ref-Fuel's Municipal Waste Incinerator, Essex County, 
NJ NOX RACT approval dated February 6, 1995.
    (7) Union County Utilities Authority's Municipal Waste Incinerator, 
Union County; NJ NOX RACT approval dated May 10, 1994 with an 
attached permit to construct, operate, and a PSD permit dated December 
29, 1989.
    (8) PSE&G's Hudson Station Unit No. 2 utility boiler, Hudson County, 
NJ COAD approval dated May 9, 1995.
    (9) Algonquin Gas Transmission Co.'s simple cycle combustion 
turbines, Morris County, NJ COAD approval dated March 31, 1995.
    (10) Hoffmann-La Roche's combined cycle combustion turbines, Essex 
County, NJ COAD approval dated May 8, 1995.
    (11) International Flavors and Fragrances' non-utility boiler Number 
5, Monmouth County, NJ COAD approval dated June 9, 1995.
    (12) Parsippany-Troy Hills Township Sewer Authority's sewage sludge 
incinerators, Morris County, NJ COAD approval dated October 13, 1995.
    (13) Johnson Matthey's multi-chamber metals recovery furnace, 
Gloucester County, NJ COAD approval dated June 13, 1995.
    (14) 3M Company's rotary kiln and dryers, Somerset County, NJ COAD 
approval dated May 4, 1995.
    (15) Sandoz Pharmaceuticals Corporation's trash fired boiler, Morris 
County, NJ COAD approval dated March 23, 1995.
    (16) General Motors Corporation's non-utility boiler (No.4), Mercer 
County, NJ COAD approval dated June 22, 1995.
    (17) General Motors Corporation's Topcoat system, Union County, NJ 
COAD approval dated November 6, 1995.
    (18) United States Pipe and Foundry Company's cupolas and annealing 
ovens (No. 2 and No. 3), Burlington County, NJ COAD approval dated 
October 16, 1995.
    (19) Griffin Pipe Products Company's cupola and annealing furnace, 
Burlington County, NJ COAD approval dated December 14, 1995.
    (20) Texas Eastern Transmission Corporation's internal combustion 
engines, Hunterdon County, NJ COAD approval dated May 9, 1995.
    (21) Texas Eastern Transmission Corporation's internal combustion 
engines, Union County, NJ COAD approval dated May 9, 1995.
    (ii) Additional information. Documentation and information to 
support NOX RACT facility-specific emission limits or 
alternative emission limits in four letters addressed to Regional 
Administrator Jeanne M. Fox from New Jersey Commissioner Robert C. 
Shinn, Jr. dated:
    (A) May 26, 1995 for two SIP revisions;
    (B) November 8, 1995 for eight SIP revisions;
    (C) January 10, 1996 for ten SIP revisions; and
    (D) October 10, 1996 for two SIP revisions.
    (60) A revision to the New Jersey State Implementation Plan (SIP) 
for ozone for adoption of rules for application of reasonably available 
control technology (RACT) for oxides of nitrogen (NOX dated 
November 15, 1993, submitted by the New Jersey Department of 
Environmental Protection and Energy.
    (i) Incorporation by reference.
    (A) Title 7, Chapter 27, Subchapter 19, of the New Jersey 
Administrative Code entitled ``Control and Prohibition of Air Pollution 
from Oxides of Nitrogen,'' effective December 20, 1993.
    (ii) Additional information:
    (A) November 15, 1993 letter from Jeanne Fox, NJDEPE, to William J. 
Muszynski, EPA, requesting EPA approval of Subchapter 19.
    (61) [Reserved]

[[Page 507]]

    (62) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from consumer 
and commercial products, dated January 25, 1996 submitted by the New 
Jersey Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Title 7, Chapter 27, Subchapter 24, of the New Jersey 
Administrative Code entitled ``Control and Prohibition of Volatile 
Organic Compounds from Consumer and Commercial Products'' effective 
November 6, 1995.
    (ii) Additional material.
    (A) January 25, 1996 letter from Robert C. Shinn, Jr., NJDEP, to 
Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 24.
    (63) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from 
stationary sources, dated November 15, 1993 and two revisions dated June 
21, 1996 submitted by the New Jersey Department of Environmental 
Protection (NJDEP).
    (i) Incorporation by reference:
    (A) Amendments effective December 20, 1993 to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (B) Amendments effective June 20, 1994 to Title 7, Chapter 27 of the 
New Jersey Administrative Code: Subchapter 8, ``Permits and 
Certificates'' (sections 8.1 and 8.2), Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds,'' Subchapter 
17, ``Control and Prohibition of Air Pollution by Toxic Substances,'' 
Subchapter 23, ``Prevention of Air Pollution From Architectural Coatings 
and Consumer Products,'' and Subchapter 25, ``Control and Prohibition of 
Air Pollution by Vehicular Fuels.'' Amendments effective June 20, 1994 
to Title 7, Chapter 27B, Subchapter 3 of the New Jersey Administrative 
Code Air Test Method 3--``Sampling and Analytical Procedures for the 
Determination of Volatile Organic Compounds from Source Operations.''
    (C) Amendments effective December 5, 1994 to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (D) Amendments effective May 15, 1995 to Title 7, Chapter 27 of the 
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition 
of Air Pollution by Volatile Organic Compounds.''
    (E) Amendments effective July 17, 1995 to Title 7, Chapter 27 of the 
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition 
of Air Pollution by Volatile Organic Compounds.''
    (ii) Additional material:
    (A) November 15, 1993 letter from Jeanne Fox, NJDEP, to William J. 
Muszynski, EPA, requesting EPA approval of Subchapter 16.
    (B) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne 
M. Fox, EPA, requesting EPA approval of Subchapters 8, 16, 17, 23, 25 
and Air Test Method 3.
    (C) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne 
M. Fox, EPA, requesting EPA approval of Subchapter 16.
    (64) Revisions to the State Implementation Plan submitted by the New 
Jersey Department of Environmental Protection on June 18, 1996, July 10, 
1996, December 17, 1996 and May 2, 1997.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD) or Facility Wide Permit. 
The following facilities have been issued COADs or facility wide permits 
by New Jersey:
    (1) Geon Company's direct-fired dryers, Salem County, NJ facility 
wide permit dated January 30, 1997. Incorporation by reference includes 
only the pages with permit limits related to the dryers.
    (2) PQ Corporation/Industrial Chemicals' Sodium Silicate Furnace, 
Middlesex County, NJ COAD approval dated December 2, 1994.
    (3) Air Products and Chemicals' Hazardous Waste Incinerator, 
Gloucester County, NJ COAD approval dated January 25, 1996.

[[Page 508]]

    (4) Stony Brook Regional Sewerage Authority's sewage sludge 
incinerators, Mercer County, NJ COAD approval dated October 27, 1995 and 
modified on May 16, 1996.
    (5) Township of Wayne, Mountain View Water Pollution Control 
Facility's sewage sludge incinerators, Passaic County, NJ COAD approval 
dated September 20, 1996.
    (6) Atlantic States Cast Iron Pipe Company's cupola and annealing 
oven, Warren County, NJ COAD approval dated November 22, 1994.
    (7) Warren County Resource Recovery Facility's Municipal Waste 
Incinerators, Warren County, NJ COAD dated August 1, 1996.
    (8) Hercules Incorporated's Nitration System, Acid Concentrators, 
and Open Pit Burner, Union County, NJ COAD dated May 1, 1996.
    (9) US Department of Navy, Naval Air Warfare Center Aircraft 
Division's jet engine test cells, Mercer County, NJ COAD approval dated 
October 31, 1995.
    (10) Atlantic Electric Company's Utility Boiler 8, Salem 
County, NJ COAD approval dated February 25, 1997.
    (11) U.S. Generating Company--Carneys Point Generating Plant's 
auxiliary boiler, Salem County, NJ COAD approval dated February 2, 1996.
    (12) U.S. Generating Company--Logan Generating Plant's auxiliary 
boiler, Salem County, NJ COAD approval dated February 2, 1996.
    (13) Schering Corporation's heat recovery steam generator with duct 
burner, Union County, NJ COAD approval dated January 5, 1996.
    (14) [Reserved]
    (15) Elizabethtown Water Company's internal combustion engines, 
Somerset County, NJ COAD approval dated May 8, 1996.
    (ii) Additional information--Documentation and information to 
support NOX RACT facility-specific emission limits, 
alternative emission limits, or repowering plan in four letters 
addressed to Regional Administrator Jeanne M. Fox from New Jersey 
Commissioner Robert C. Shinn, Jr. dated:
    (A) June 18, 1996 for four SIP revisions,
    (B) July 10, 1996 for three SIP revisions,
    (C) December 17, 1996 for five SIP revisions,
    (D) May 2, 1997 for three SIP revisions.
    (65) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone, submitting a New Jersey Clean Fleets program with Ozone Transport 
Commission Low Emission Vehicle (OTC-LEV) program as an effective 
backstop, substituted for the Clean Fuel Fleet program, dated February 
15, 1996, March 29, 1996, and March 6, 1997, submitted by the New Jersey 
Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference. Title 7, Chapter 27, Subchapter 26, 
``Ozone Transport Commission Low Emission Vehicles Program,'' effective 
December 18, 1995.
    (ii) Additional material.
    (A) Letter dated February 15, 1996 from NJDEP Commissioner Shinn to 
Region 2 Administrator Jeanne M. Fox transmitting first version of NJCF 
program.
    (B) Letter dated March 29, 1996 from NJDEP Commissioner Shinn to 
Region 2 Administrator Jeanne M. Fox supplementing February 15, 1996 
submittal.
    (C) ``SIP Revision for the Attainment and Maintenance of the Ozone 
National Ambient Air Quality Standards, New Jersey Clean Fleets (NJCF) 
SIP,'' March 6, 1997.
    (1) NJCF Appendix D: ``New Jersey Clean Fleets (NJCF) Program (1996 
Action Plan Recommendations).''
    (2) NJCF Appendix H: Response to Public Comments, NJCF Program, 
dated February 14, 1997.
    (3) February 20, 1998 letter from Sharon Haas, Principal 
Environmental Specialist, NJDEP, to George Krumenacker, Transportation 
Services Specialist I, Bureau of Transportation Services, New Jersey 
Department of Treasury.
    (4) March 25, 1998 Memo from Colleen Woods, Acting Director, Motor 
Vehicle Services, to Sharon Haas, Principal Environmental Specialist, 
NJDEP.
    (66) A revision to the New Jersey State Implementation Plan (SIP) 
for ozone concerning revisions to the rule for requiring reasonably 
available control technology (RACT) for sources emitting oxides of 
nitrogen (NOX)

[[Page 509]]

dated March 24, 1995, submitted by the New Jersey Department of 
Environmental Protection.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 19, of the New Jersey 
Administrative Code entitled ``Control and Prohibition of Air Pollution 
from Oxides of Nitrogen,'' effective April 17, 1995.
    (ii) Additional information:
    (A) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne 
M. Fox, EPA, requesting EPA approval of revisions to Subchapter 19.
    (67) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone, submitting amended New Jersey Ozone Transport Commission--Low 
Emission Vehicle (OTC-LEV) program, Opting into the National Low 
Emission Vehicle (National LEV) Program, dated February 22, 1999, 
submitted by the New Jersey Department of Environmental Protection 
(NJDEP).
    (i) Incorporation by reference: Title 7, Chapter 27, Subchapter 26, 
``Ozone Transport Commission--Low Emission Vehicles Program,'' effective 
March 1, 1999.
    (ii) Additional information: Letter from the New Jersey Department 
of Environmental Protection Commissioner Shinn, dated February 22, 1999, 
submitting a revision to the New Jersey State Implementation Plan for 
the National Low Emission Vehicle program.
    (68) Revisions to the New Jersey State Implementation Plan (SIP) for 
carbon monoxide concerning the oxyfuel program, dated August 7, 1998, 
submitted by the New Jersey State Department of Environmental Protection 
(NJDEP).
    (i) Incorporation by reference: Amendments to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 25, ``Control and 
Prohibition of Air Pollution by Vehicular Fuels,'' effective August 17, 
1998 (as limited in section 52.1605).
    (69) A revision to the State Implementation Plan submitted on April 
26, 1999 and supplemented on July 31, 2000 by the New Jersey Department 
of Environmental Protection that establishes the NOX Budget 
Trading Program.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 31, of the New Jersey 
Administrative code entitled ``NOX Budget Program'' adopted 
on June 17, 1998, and effective on July 20, 1998.
    (ii) Additional information.
    (A) Letter from the New Jersey Department of Environmental 
Protection dated April 26, 1999, submitting the NOX Budget 
Trading Program as a revision to the New Jersey State Implementation 
Plan for ozone.
    (B) Letter from the New Jersey Department of Environmental 
Protection dated July 29, 1999, committing to correcting the violation 
definition deficiency within one year of EPA's final action.
    (C) Letter from the New Jersey Department of Environmental 
Protection dated July 31, 2000, supplementing the April 26, 1999 SIP 
submittal with the amended violation provisions.
    (D) Guidance for Implementation of Emissions Monitoring Requirements 
for the NOX Budget Program, dated January 28, 1997.
    (E) NOX Budget Program Monitoring Certification and 
Reporting Requirements, dated July 3, 1997.
    (F) Electronic Data Reporting, Acid Rain/NOX Budget 
Program, dated July 3, 1997.
    (G) Measurement Protocol for Commercial, Industrial and Residential 
Facilities, April 28, 1993.
    (70) Revisions to the State Implementation Plan submitted on 
December 10, 1999 and July 31, 2000 by the State of New Jersey 
Department of Environmental Protection that establishes the 
NOX Budget Trading Program, a 2007 Statewide NOX 
emissions budget, and a commitment by New Jersey to comply with the 
section 51.122 reporting requirements.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 31 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``NOX Budget Program,'' 
adopted on July 31, 2000 and effective on August 21, 2000.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated December 10, 1999, requesting EPA approval of the Ozone 
SIP, entitled ``State Implementation Plan (SIP) Revision for the 
Attainment and

[[Page 510]]

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

[[Page 511]]

Amboy, Middlesex County, NJ COAD approval dated June 22, 1998.
    (4) Homasote Company's natural gas dryer (wet fibreboard mat dryer), 
West Trenton, Mercer County, NJ COAD approval dated October 19, 1998.
    (5) Milford Power Limited Partnership's combined cycle cogeneration 
facility, Milford, Hunterdon County, NJ COAD approval dated August 21, 
1997.
    (6) University of Medicine and Dentistry of New Jersey's 
cogeneration units and Cleaver Brooks non-utility boilers, Newark, Essex 
County, NJ COAD dated June 26, 1997.
    (7) Roche Vitamins Inc's cogeneration facility and Boiler No. 1, 
Belvidere, Warren County, NJ COAD dated June 10, 1998. The cogeneration 
facility consists of one reciprocal engine (21.5 MW) and one heat 
recovery steam generator (HRSG) equipped with a duct burner (Boiler No. 
6).
    (8) Township of Wayne, Mountain View Water Pollution Control 
Facility's sewage sludge incinerators, Passaic County, NJ permit 
revision dated December 21, 2000.
    (ii) Additional information--Documentation and information to 
support NOX RACT facility-specific emission limits, 
alternative emission limits, or repowering plan in three SIP revisions 
addressed to Regional Administrator Jeanne M. Fox from New Jersey 
Commissioner Robert C. Shinn, Jr. and one letter addressed to Acting 
Regional Administrator William J. Muszynski from Dr. Iclal Atay, Chief 
Bureau of Air Quality Engineering dated:
    (A) January 21, 1998 SIP revision for two sources,
    (B) June 12, 1998 SIP revision for one source,
    (C) April 26, 1999 SIP revision for four sources,
    (D) February 21, 2001 for a revised permit limit for one source.
    (74) Revisions to the State Implementation Plan submitted on June 4, 
2003 and January 6, 2004 by the State of New Jersey Department of 
Environmental Protection that establishes control programs for mobile 
equipment repair and refinishing operations, solvent cleaning operations 
and refueling of motor vehicles at gasoline service stations.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 16 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution from Volatile Organic Compounds,'' adopted on April 30, 2003 
and effective on June 29, 2003.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated June 4, 2003, requesting EPA approval of a revision to 
the Ozone SIP which contains amendments to the Subchapter 16 ``Control 
and Prohibition of Air Pollution from Volatile Organic Compounds.''
    (B) Letter from State of New Jersey Department of Environmental 
Protection dated January 6, 2004 providing a compiled version of 
Subchapter 16 which include the amendments.
    (75) Revisions to the State Implementation Plan submitted on January 
23, 2003 by the State of New Jersey Department of Environmental 
Protection for the purpose of enhancing an existing Emission Statement 
Program for stationary sources in New Jersey. The SIP revision was 
submitted by New Jersey to satisfy the Clean Air Act requirements for 
stationary sources to report annually to the State on their emissions of 
volatile organic compounds (VOC), oxides of nitrogen (NOX) 
and carbon monoxide (CO), in order for the State to make this data 
available to EPA and the public.
    (i) Incorporation by reference:
    (A) Amended Regulation Subchapter 21 of Title 7, Chapter 27 of the 
New Jersey Administrative Code, entitled ``Emission Statements,'' 
adopted on January 23, 2003 and effective on February 18, 2003.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated January 23, 2003, requesting EPA approval of a revision 
to the Ozone and CO SIP which contains amendments to the Subchapter 21 
``Emission Statements.''
    (76) Revisions to the New Jersey State Implementation Plan (SIP) 
concerning the Enhanced Inspection and Maintenance Program, submitted on 
August 13, 2003 by the New Jersey Department of Environmental Protection 
(NJDEP).

[[Page 512]]

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

[[Page 513]]

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

[[Page 514]]

Co., L.P., dated August 7, 2007 submitted by the New Jersey State 
Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference:
    (A) a letter from Lisa P. Jackson, Commissioner, New Jersey 
Department of Environmental Protection, addressed to Alan J. Steinberg, 
USEPA, dated August 7, 2007, and Attachment 1 to the letter, titled 
``Conditions of Approval, Alternative Maximum Emission Rate for 
NOX for Two (2) Cooper Bessemer Distillate Oil or Dual Fuel 
Fired 4-Stroke Diesel Internal Combustion Engines,'' Trigen-Trenton 
Energy Company L.P., Trenton, NJ. APC Plant ID No. 61015, approved 
January 11, 2007.
    (86) Revisions to the New Jersey State Implementation Plan (SIP) for 
particulate matter granting a variance from Subchapter 6, Control and 
Prohibition of Particles from Manufacturing Processes for the cooling 
tower at the PSEG Nuclear LLC Hope Creek and Salem Generating Stations 
located in Lower Alloways Creek Township, Salem County dated November 2, 
2007 submitted by the New Jersey State Department of Environmental 
Protection (NJDEP) which establishes hourly emission limits for TSP and 
PM-10 (total) of less than or equal to 42 pounds per hour and annual 
emission limits for TSP and PM-10 (total) of less than or equal to 65.9 
tons per year.
    (i) Incorporation by reference:
    (A) A letter from Lisa P. Jackson, Commissioner, New Jersey 
Department of Environmental Protection, addressed to Alan J. Steinberg, 
Regional Administrator, EPA, dated November 2, 2007 submitting the 
variance for PSEG Nuclear LLC Hope Creek and Salem Generating Stations 
without the attachments.
    (B) Section J, Facility Specific Requirements, Emission Unit U24 
Cooling Tower, (Significant Modification Approval date August 7, 2007) 
contained in the Air Pollution Control Operating Permit, Significant 
Modification and Preconstruction Approval, PSEG Nuclear LLC Hope Creek 
and Salem Generating Stations, Permit Activity Number: BOP05003.
    (d) Plan revisions were submitted on September 26, 1972.
    (87) Revisions to the State Implementation Plan submitted on 
September 13, 2007, by the New Jersey Department of Environmental 
Protection which consists of the State's revised diesel idling rule.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 14 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution from Diesel-Powered Motor Vehicles,'' section 14.1, effective 
on July 2, 2007, section 14.2, effective on September 15, 1997, and 
section 14.3, effective on July 2, 2007.
    (88) A revision submitted on April 21, 2009, as supplemented on May 
7, 2010, by the New Jersey Department of Environmental Protection 
(NJDEP) that establishes revised control measures for achieving 
additional reductions of NOx, SO2, fine particulate, and VOC 
emissions from stationary sources that will help achieve attainment of 
the national ambient air quality standard for ozone and fine particles, 
as well as help to reduce regional haze.
    (i) Incorporation by reference:
    (A) New Jersey Administrative Code, Title 7, Chapter 27 (NJAC 7:27): 
Subchapter 4 ``Control and Prohibition of Particles from Combustion of 
Fuel'' with an effective date of April 20, 2009; Subchapter 10 ``Sulfur 
in Solid Fuels'' with an effective date of April 20, 2009; Subchapter 16 
``Control and Prohibition of Air Pollution by Volatile Organic 
Compounds'' with an effective date of April 20, 2009; Subchapter 19 
``Control and Prohibition of Air Pollution from Oxides of Nitrogen'' 
with an effective date of April 20, 2009 (including two Administrative 
Corrections published in the New Jersey Register on June 15, 2009 and 
July 6, 2009); and Subchapter 21 ``Emission Statements'' with an 
effective date of April 20, 2009.
    (ii) Additional information:
    (A) Letter dated April 21, 2009 from Acting Commissioner Mark N. 
Mauriello, NJDEP, to George Pavlou, Acting Regional Administrator, EPA 
Region 2, submitting the SIP revision for Subchapters 4, 8, 10, 16, 19 
and 21.
    (B) Letter dated May 7, 2010 from Director William O'Sullivan, 
NJDEP, to Barbara Finazzo, Director, Division of

[[Page 515]]

Environmental Planning and Protection, EPA Region 2, submitting 
supplemental SIP information for Subchapter 19.
    (89) A revision submitted on April 9, 2009, by the New Jersey 
Department of Environmental Protection (NJDEP) that establishes new and 
revised control measures for achieving additional reductions of VOC 
emissions that will help achieve attainment of the national ambient air 
quality standard for ozone.
    (i) Incorporation by reference:
    (A) New rules contained in New Jersey Administrative Code, Title 7, 
Chapter 27 (NJAC 7:27) with effective date of December 1, 2008 and 
Operative date of December 29, 2008:
    (1) Subchapter 26, ``Prevention of Air Pollution From Adhesives, 
Sealants, Adhesive Primers and Sealant Primers,'' and
    (2) Subchapter 34, ``TBAC Emissions Reporting.''
    (B) Amendments to NJAC 7:27 with effective date of December 1, 2008 
and Operative date of December 29, 2008:
    (1) Subchapter 23, ``Prevention of Air Pollution From Architectural 
Coatings,'' 23.2 Definitions;
    (2) Subchapter 24, ``Prevention of Air Pollution From Consumer 
Products,'' 24.1 Definitions, 24.2 Applicability, 24.4 Chemically 
formulated consumer products: standards, 24.5 Chemically formulated 
consumer products: registration and labeling, 24.6 Chemically formulated 
consumer products: recordkeeping and reporting, 24.7 Chemically 
formulated consumer products: testing, 24.8 Portable fuel containers and 
spill-proof spouts: certification requirements, 24.9 Portable fuel 
containers and spill proof spouts: labeling, 24.10 Portable fuel 
containers and spill proof spouts: recordkeeping and reporting, 24.12 
Penalties and other requirements imposed for failure to comply; and
    (3) Subchapter 25, ``Control and Prohibition of Air Pollution by 
Vehicular Fuels,'' 25.1 Definitions.
    (C) Repeal to NJAC 7:27 with effective date of December 1, 2008 and 
Operative date of December 29, 2008: Subchapter 24, ``Prevention of Air 
Pollution From Consumer Products,'' section 24.11 Portable fuel 
containers and spill-proof spouts: testing, repealed without replacement 
and reserved.
    (ii) Additional information.
    (A) Letter dated April 9, 2009 from Acting Commissioner Mark N. 
Mauriello, NJDEP, to George Pavlou Acting Regional Administrator, EPA 
Region 2, submitting the SIP revision containing Subchapters 23, 24, 25, 
26, and 34.
    (90) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of nitrogen oxides from Naval Weapons 
Station Earle dated May 14, 2009 and supplementary information dated May 
21, 2009 submitted by the New Jersey State Department of Environmental 
Protection.
    (i) Incorporation by reference:
    (A) A letter from Mr. Frank Steitz, Chief, Bureau of Air Permits, 
New Jersey Department of Environmental Protection, addressed to Captain 
G.A. Maynard, Commanding Officer, Naval Weapons Station Earle titled 
``Alternative Maximum Emission Rate (AEL) for Nitrogen Oxides 
(NOX) Pursuant to N.J.A.C. 7:27-19.13 and Significant 
Modification of Operating Permit,'' dated and approved May 21, 2009 
including Attachment 1 ``Conditions of Approval Alternative Maximum 
Emission Rate For NOX For Two (2) Detroit Diesel Distillate 
Oil Fuel Fired 2-Stroke Diesel Internal Combustion Engines, Naval 
Weapons Station Earle.''
    (91) A revision submitted on July 28, 2009, as supplemented on 
December 9, 2010, March 2, 2011 and December 7, 2011, by the New Jersey 
Department of Environmental Protection (NJDEP) that addresses the 
regional haze requirements of Clean Air Act section 169A. The December 
9, 2010 submittal also addresses an element of the PM2.5 SIP 
revision.
    (i) Incorporation by reference:
    (A) Amendments to New Jersey Administrative Code, Title 7, Chapter 
27 (NJAC 7:27) Subchapter 9, ``Sulfur In Fuels,'' Section 9.2 Sulfur 
content standards, with effective date of September 20, 2010 and 
operative date of October 25, 2010.
    (B) The following Air Pollution Control Operating Permit, 
Significant Modifications and Preconstruction Approvals:

[[Page 516]]

    (1) PSEG Fossil LLC Hudson Generating Station dated March 8, 2011, 
Permit BOP110001, Program Interest 12202 for units: U1-OS Summary, U1-
OS1, U1-OS2, U2-OS Summary, U15-OS Summary and U16-OS Summary.
    (2) Chevron Products Company dated March 4, 2011, Permit BOP100001, 
Program Interest 18058 for unit 15, process heaters: OS Summary (E1501 
and E1502).
    (3) ConocoPhillips (Linden City) dated September 21, 2011, Permit 
BOP110001, Program Interest 41805 for unit 3, process heaters: OS 
Summary, OS1-E241, OS2-E243, OS3-E245, OS4-E246, OS5-E247, OS6-E248, 
OS7-E249, OS8-E250, OS11-E242, OS13-E253, and OS15-E258.
    (4) Vineland Municipal Electric Utility--Howard M. Down dated 
September 26, 2011, Permit BOP110001, Program Interest 75507 for units: 
U10-OS Summary, U10-OS2, U10-OS3, and U22-OS Summary.
    (5) BL England Generating Station dated December 16, 2010, Permit 
BOP100003, Program Interest 73242 for units: GR2 U2, U1-OS Summary, U1-
OS1, U2-OS Summary, U2-OS1, U3-OS Summary, U3-OS1, U6-OS Summary, U6-
OS1, U7-OS1, U7-OS2, U7-OS4, U7-OS5, U7-OS6, U7-OS7, U7-OS10, U7-OS11, 
U7-OS12, U8-OS Summary, and U8-OS1.
    (ii) Additional information.
    (A) Letter dated December 9, 2010 from Commissioner Bob Martin, 
NJDEP, to Regional Administrator Judith A. Enck, EPA Region 2, 
submitting the SIP revision containing Subchapter 9.
    (B) December 7, 2011, letter from Director William O'Sullivan, 
NJDEP, to Acting Director John Filippelli, Division of Environmental 
Planning and Protection, EPA Region 2, submitting a supplement to the 
2009 Regional Haze SIP which contains the Best Available Retrofit 
Technology (BART) determinations and enforceable BART emission limits 
for five facilities.
    (92) Revisions to the New Jersey State Implementation Plan (SIP) 
submitted by the New Jersey Department of Environmental Protection for 
New Jersey's enhanced inspection and maintenance (I/M) program, dated 
December 15, 2009.
    (i) Incorporation by reference:
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code, Subchapter 15, ``Control and Prohibition of Air 
Pollution from Gasoline-Fueled Motor Vehicles,'' effective November 16, 
2009, and Appendix B-5, ``Air Test Method 5: Testing Procedures for 
Gasoline-Fueled Motor Vehicles,'' effective November 16, 2009.
    (B) Amendments to Chapter 20, Title 13 of the New Jersey 
Administrative Code, Subchapter 7, ``Vehicle Inspection'' (Sections: 
7.1, 7.2, 7.3, 7.4, 7.5, 7.6); Subchapter 24, ``Motorcycles'' (Section: 
24.20); Subchapter 26, ``Compliance With Diesel Emission Standards and 
Equipment, Periodic Inspection Program for Diesel Emissions, and Self-
Inspection of Certain Classes of Motor Vehicles'' (Sections: 26.2 and 
26.16); Subchapter 28, ``Inspection of New Motor Vehicles'' (Sections 
28.3, 28.4 and 28.6); Subchapter 29, ``Mobile Inspection Unit'' 
(Sections: 29.1, 29.2, 29.3); Subchapter 32, ``Inspection Standards and 
Test Procedures To Be Used By Official Inspection Facilities''; 
Subchapter 33, ``Inspection Standards and Test Procedures To Be Used By 
Licensed Private Inspection Facilities''; Subchapter 43, ``Enhanced 
Motor Vehicle Inspection and Maintenance Program''; Subchapter 44, 
``Private Inspection Facility Licensing''; and Subchapter 45, ``Motor 
Vehicle Emission Repair Facility Registration,'' all effective October 
19, 2009.
    (C) Amendments to Chapter 21, Title 13 of the New Jersey 
Administrative Code, Subchapter 15, ``New Jersey Licensed Motor Vehicle 
Dealers'' (Sections: 15.8 and 15.12), effective October 19, 2009.
    (D) Amendments to Chapter 8, Title 39 of the Revised Statutes of the 
State of New Jersey at R.S. 39:8-1, 39:8-2, and 39:8-3, effective July 
1, 2010.
    (ii) Additional material:
    (A) December 15, 2009, letter from Mark N. Mauriello, Acting 
Commissioner, NJDEP, to Judith A. Enck, Regional Administrator, EPA, 
requesting EPA approval of a revision to the State of New Jersey's I/M 
program SIP.
    (B) October 12, 2010, letter from Bob Martin, Commissioner, NJDEP, 
to Judith A. Enck, Regional Administrator, EPA, requesting EPA approval 
of the

[[Page 517]]

supplemental revision to the State of New Jersey's I/M program SIP.
    (C) July 8, 2010, letter from Bob Martin, Commissioner, NJDEP, to 
Judith A. Enck, Regional Administrator, EPA, requesting EPA approval of 
the supplemental revision to the State of New Jersey's I/M program SIP.

[37 FR 10880, May 31, 1972]

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



Sec. 52.1571  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
New Jersey-New York-Connecticut Interstate...........           I          I         I         I             I
Metropolitan Philadelphia Interstate.................           I          I       III         I             I
Northeast Pennsylvania-Upper Delaware Valley                    I         II       III       III           III
 Interstate..........................................
New Jersey Intrastate................................         III         IA       III         I           III
----------------------------------------------------------------------------------------------------------------


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



Sec. 52.1572  Extensions.

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

[61 FR 56900, Nov. 5, 1996]



Sec. 52.1573  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves New Jersey's plans for attainment and maintenance of the 
national ambient air quality standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of Part D, Title I, of the Clean Air Act, as amended in 
1977, except as noted below in Sec. 52.1581. In addition, continued 
satisfaction of the requirements of Part D for the ozone portion of the 
SIP depends on the adoption and submittal of RACT requirements by July 
1, 1980 for the sources covered by CTGs issued between January, 1978 and 
January, 1979 and adoption and submittal by each subsequent January of 
additional RACT requirements for sources covered by CTGs issued by the 
previous January.
    (b) Visibility protection. EPA approves the Regional Haze SIP 
revision submitted by the New Jersey Department of Environmental 
Protection on July 28, 2009, as supplemented on December 9, 2010, March 
2, 2011 and December 7, 2011 as meeting the requirements of Clean Air 
Act section 169A and 40 CFR 51.308. In particular, EPA approves the New 
Jersey Regional Haze SIP as meeting the requirements of 40 CFR 51.308(e) 
regarding Best Available Retrofit Technology and 40 CFR 51.308(d)(2) and 
(d)(4)(v) regarding the calculation of baseline and natural conditions 
for the Brigantine Wilderness Area of the Edwin B. Forsythe National 
Wildlife Refuge, 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.

[45 FR 15541, Mar. 11, 1980, as amended at 77 FR 21, Jan. 3, 2012]



Sec. 52.1574  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as

[[Page 518]]

specified in the applicable plan, concerning emissions from any source 
subject to emission limitations which are part of the approved plan may 
request that the appropriate Regional Administrator obtain and make 
public such data. Within 30 days after receipt of any such written 
request, the Regional Administrator shall require the owner or operator 
of any such source to submit information within 30 days on the nature 
and amounts of emissions from such source and any other information as 
may be deemed necessary by the Regional Administrator to determine 
whether such source is in compliance with applicable emission 
limitations or other control measures that are part of the applicable 
plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[39 FR 34537, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]

    Effective Date Note: At 78 FR 35765, June 14, 2013, Sec. 52.1574 
was amended by removing and reserving Sec. 52.1574, effective July 15, 
2013.



Sec. 52.1575  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 26:2C-9 of the New Jersey Air Pollution Control Law could, 
in some circumstances, prohibit the disclosure of emission data to the 
public. Therefore, section 26:2C-9 is disapproved.

[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]

    Effective Date Note: At 78 FR 35765, June 14, 2013, Sec. 52.1575 
was amended by removing and reserving Sec. 52.1575, effective July 15, 
2013.



Sec. 52.1576  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).

[[Page 519]]

    (c) Based upon EPA's review of the air quality data for the three-
year period 2005 to 2007, EPA determined, as of June 18, 2012, 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. Separate from and independent of this 
determination, based on 2008-2010 complete, quality-assured ozone 
monitoring data at all monitoring sites in the area, and data for 2011, 
EPA determined, as of June 18, 2012, that the NY-NJ-CT one-hour ozone 
nonattainment area has attained the one-hour ozone standard.
    (d) Based upon EPA's review of complete, quality-assured and 
certified air quality data for the three-year period 2007 to 2009, and 
data for 2011, EPA determined, as of June 18, 2012, that the New York-
Northern New Jersey-Long Island (NY-NJ-CT) eight-hour ozone moderate 
nonattainment area attained the 1997 eight-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 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).

[77 FR 47534, Aug. 9, 2012]



Sec. 52.1577  Compliance schedules.

    (a) [Reserved]
    (b) The requirements of Sec. 51.261 of this chapter are not met 
since Chapter 7, section 7.1(c) of New Jersey's ``Air Pollution Control 
Code'' permits certain sources to defer compliance with Chapter 7 until 
after the required date for attainment of the national standards for 
particulate matter.
    (c) The requirements of Sec. 51.262(a) of this chapter are not met 
since Chapter 7 of New Jersey's ``Air Pollution Control Code'' does not 
provide for periodic increments of progress toward compliance for those 
sources with compliance schedules extending over a period of 18 or more 
months.
    (d) Regulation for increments of progress. (1) Except as provided in 
paragraph (d)(2) of this section, the owner or operator of any 
stationary source in the State of New Jersey to which an exception 
extending beyond January 31, 1974, is applicable under Chapter 7, 
section 7.1(c) of the New Jersey Air Pollution Control Code shall, no 
later than 120 days following the effective date of this paragraph, 
submit to the Administrator for approval, a proposed compliance schedule 
that demonstrates compliance with the emission limitations prescribed by 
Chapter 7 of the New Jersey Air Pollution Control Code as expeditiously 
as practicable but no later than July 31, 1975. The compliance schedule 
shall provide for periodic increments of progress towards compliance. 
The dates for achievement of such increments shall be specified. 
Increments of progress shall include, but not be limited to: Submittal 
of the final control plan to the Administrator; letting of necessary 
contracts for construction or process changes or issuance of orders for 
the purchase of component parts to accomplish emission control or 
process modification; initiation of onsite construction or installation 
of emission control equipment or process change; completion of onsite 
construction or installation of emission control equipment or process 
modification; and final compliance.
    (2) Where any such owner or operator demonstrates to the 
satisfaction of the Administrator that compliance with the applicable 
regulations will be achieved on or before January 31, 1974, no 
compliance schedule shall be required.
    (3) Any owner or operator required to submit a compliance schedule 
pursuant to this paragraph shall within 5 days after the deadline for 
each increment of progress, certify to the Administrator whether or not 
the required increment of the approved compliance schedule has been met.
    (4) Any compliance schedule adopted by the State and approved by the 
Administrator shall satisfy the requirements of this paragraph for the 
affected source.

[37 FR 10880, May 31, 1972, as amended at 37 FR 23090, Oct. 28, 1972; 38 
FR 12713, May 14, 1973; 40 FR 30962, July 24, 1975; 51 FR 40676, 40677, 
Nov. 7, 1986; 54 FR 25258, June 14, 1989]

[[Page 520]]



Sec. 52.1578  Review of new sources and modifications.

    (a) Subchapter 18 of the New Jersey Administrative Code, entitled, 
``Control and Prohibitions of Air Pollution from Ambient Air Quality in 
Nonattainment Areas (Emission Offset Rule),'' N.J.A.C. 7:27-18.1 et 
seq., as submitted to EPA on August 5, 1980 by the New Jersey Department 
of Environmental Protection, is approved for the entire State of New 
Jersey, with the following provisions:
    (1) The definition of ``significant emission increase'' as it 
appears in section 7:27-18.1, entitled, ``Definitions,'' is disapproved. 
The following definition of ``significant emission increase'' is 
applicable: ``An increase, since December 21, 1976, in the rate of 
allowable emissions, including fugitive pollutant emissions, at a 
facility of any criteria pollutant greater than or equal to 50 tons per 
year, 1,000 pounds per day, or 100 pounds per hour, not including 
decreases in the rates of allowable emissions except where such 
decreases are contemporaneous with emission increases. The increase in 
the rates of allowable emissions shall be the cumulative total of 
increases from all new or altered equipment for which permits have been 
issued on or after December 21, 1976 and for which permit applications 
have been received by the Department, and the fugitive emissions 
associated with that equipment. The hourly and daily rates shall apply 
only with respect to a pollutant for which a national ambient air 
quality standard for a period not exceeding 24 hours has been 
established.
    (2) Subsection (e)(1) under section 7:27-18.2, entitled, ``General 
Provisions,'' is disapproved and replaced with the following: ``The 
requirements of paragraphs (c)(3), (c)(4), and (c)(5) of this section 
shall again become applicable when proposed new construction or 
alterations at the facility would cause the increase in the rate of 
allowable emissions of that criteria pollutant to again exceed 50 tons 
per year, 1,000 pounds per day, or 100 pounds per hour whichever is most 
restrictive. The accumulation of increases in the rate of allowable 
emissions shall resume from zero after each application of paragraphs 
(c)(3) and (c)(4) of this section.''

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



Sec. 52.1579  Intergovernmental cooperation.

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

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



Sec. 52.1580  Conditional approval.

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

[[Page 521]]

    (3) EPA is also approving this SIP revision under Section 110(k), 
for its strengthening effect on the plan.
    (b) [Reserved]

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



Sec. 52.1581  Control strategy: Carbon monoxide.

    (a) Approval--The September 28, 1995 revision to the carbon monoxide 
state implementation plan for Camden County and the Nine not-classified 
areas (the city of Trenton, the City of Burlington, the Borough of Penns 
Grove (part), the Borough of Freehold, the City of Morristown, the City 
of Perth Amboy, the City of Toms River, the Borough of Somerville, and 
the City of Atlantic City). This revision included a maintenance plan 
which demonstrated continued attainment of the National Ambient Air 
Quality Standard for carbon monoxide through the year 2007.
    (b) The base year carbon monoxide emission inventory requirement of 
section 187(a)(1) of the 1990 Clean Air Act Amendments has been 
satisfied for the entire State. The inventory was submitted on November 
15, 1992 and amended on September 28, 1995 by the New Jersey Department 
of Environmental Protection as a revision to the carbon monoxide State 
Implementation Plan.
    (c) Approval--The November 15, 1992, October 4, 1993, and August 7, 
1998 revisions to the carbon monoxide state implementation plan for the 
New Jersey portion of the New York--Northern New Jersey--Long Island 
Carbon Monoxide nonattainment area. This included an attainment 
demonstration and the control measures needed to attain the National 
Ambient Air Quality Standard for carbon monoxide. The January 15, 2002, 
request to redesignate the New Jersey portion of the New York--Northern 
New Jersey--Long Island Carbon Monoxide nonattainment area from 
nonattainment to attainment of the National Ambient Air Quality Standard 
for carbon monoxide. As part of the redesignation request, the State 
submitted a maintenance plan which demonstrated continued attainment of 
the National Ambient Air Quality Standard for carbon monoxide through 
the year 2014.
    (d) The 1997 and 2007 carbon monoxide motor vehicle emission budgets 
for Camden County and the Nine Not Classified Areas included in New 
Jersey's May 21, 2004 SIP revision are approved.
    (e)(1) Approval--The May 18, 2006 revision to the carbon monoxide 
maintenance plan for Camden County and the Nine Not Classified Areas. 
This revision contains a second ten-year maintenance plan that 
demonstrates continued attainment of the National Ambient Air Quality 
Standard for carbon monoxide through the year 2017.
    (2) The 2007 and 2014 carbon monoxide conformity emission budgets 
for five counties in the New York/Northern New Jersey/Long Island carbon 
monoxide maintenance area included in New Jersey's May 18, 2006 SIP 
revision are approved.

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



Sec. 52.1582  Control strategy and regulations: Ozone.

    (a) Subchapter 16 of the New Jersey Administrative Code, entitled 
``Control and Prohibition of Air Pollution by Volatile Organic 
Substances,'' N.J.A.C. 7:27-16.1 et seq. as revised on December 31, 1981 
and effective March 1, 1982, is approved with the following provisions 
and conditions:
    (1) Subsections 16.6(c)(4) and 16.6(c)(5) are approved. The State 
must comply with the public participation procedures it submitted to EPA 
on December 19, 1980 and must supply to EPA a copy of each notice of a 
proposed bubble that it supplies the public. In addition, the State must 
promptly transmit to EPA notice setting forth each set of emission 
limits approved by the state pursuant to subsections 16.6(c)(4) and 
16.6(c)(5) as well as the emission limitations previously applicable. 
Finally, the State must transmit any relevant additional material EPA 
may request, and it must notify the public of an approved set of 
emission limits at the time it transmits notice of those limits to EPA.
    (2) Emission limitations required by subsections 16.5(a), 16.6(a) 
and 16.6(b) are applicable requirements of the New

[[Page 522]]

Jersey SIP for the purposes of section 113 of the Clean Air Act and 
shall be enforceable by EPA and by citizens in the same manner as other 
requirements of the SIP; except that emission limitations adopted by the 
State under and which comply with subsections 16.6(c) (4) and (5) shall 
be the applicable requirements of the New Jersey SIP in lieu of those 
contained in subsections 16.5(a), 16.6(a) and 16.6(b) and shall be 
enforceable by EPA and by citizens, if the State meets the requirements 
set out in paragraph (d)(1) of this section.
    (3) Although EPA approves the variance provisions in subchapter 
7:27-16.9 and 7:27-16.10, in order to be considered as part of the SIP, 
each variance issued under these provisions must be submitted to and 
approved by EPA as a SIP revision.
    (4) The December 17, 1979 version of Subchapter 16 is approved as a 
part of the SIP only to the extent that it addresses compliance dates 
for Group I Control Techniques Guideline source categories.
    (b) Subchapter 17 of the New Jersey Administrative Code, entitled 
``Control and Prohibition of Air Pollution by Toxic Substances,'' 
N.J.A.C. 7:27-17.1 et seq. as revised on October 17, 1979 and effective 
December 17, 1979, is approved for the regulation of perchloroethylene 
dry cleaners, as further clarified in a New Jersey Department of 
Environmental Protection memorandum ``Subchapter 17 Requirements for 
Perchloroethylene Dry Cleaning Systems'' dated October 25, 1982.
    (c) The November 15, 1993 SIP revision submitted by the New Jersey 
Department of Environmental Protection and Energy demonstrates the 
fulfillment of section 182(b)(2)(B) of the Clean Air Act for states to 
adopt RACT regulations for all sources for which EPA has issued a CTG 
before enactment of the 1990 Clean Air Act.
    (d)(1) The base year ozone precursor emission inventory requirement 
of section 182(a)(1) of the 1990 Clean Air Act Amendments has been 
satisfied for the Atlantic City, New York/ Northern New Jersey/Long 
Island, Philadelphia/Wilmington/ Trenton, and Allentown/Bethlehem/Easton 
areas of New Jersey. The inventory was submitted on November 15, 1993 
and amended on November 21, 1994 by the New Jersey Department of 
Environmental Protection as a revision to the ozone State Implementation 
Plan (SIP). Revisions to the 1990 base year emission inventory dated 
December 31, 1996 for the New York/Northern New Jersey/Long Island and 
Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey have 
been approved. Revisions to the 1990 base year emission inventory dated 
February 10, 1999 for the New York/Northern New Jersey/Long Island and 
Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey have 
been approved.
    (2) [Reserved]
    (3) The 1996 and 1999 ozone projection year emission inventories 
included in New Jersey's July 30, 1998 addendum and February 10, 1999 
State Implementation Plan revision for the New York/Northern New Jersey/
Long Island and Philadelphia/Wilmington/Trenton nonattainment areas have 
been approved.
    (4) [Reserved]
    (5) The photochemical assessment monitoring stations network 
included in New Jersey's December 31, 1996 State Implementation Plan 
revision for the New York/Northern New Jersey/Long Island and 
Philadelphia/Wilmington/Trenton nonattainment areas has been approved.
    (6) The demonstration that emissions from growth in vehicle miles 
traveled will not increase motor vehicle emissions and, therefore, 
offsetting measures are not necessary which was included in New Jersey's 
December 31, 1996 State Implementation Plan revision for the New York/
Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton 
nonattainment areas has been approved.
    (7) The enforceable commitments to: participate in the consultative 
process to address regional transport; adopt additional control measures 
as necessary to attain the ozone standard, meet rate of progress 
requirements, and eliminate significant contribution to nonattainment 
downwind; identify any reductions that are needed from upwind areas for 
the area to meet the ozone standard; and implement the Ozone Transport 
Commission NOX Memorandum of Understanding included in New 
Jersey's December 31, 1996 State

[[Page 523]]

Implementation Plan revision for the New York/Northern New Jersey/Long 
Island and Philadelphia/Wilmington/Trenton nonattainment areas have been 
approved.
    (e) The State of New Jersey's March 27, 1996 submittal for an 
enhanced motor vehicle inspection and maintenance (I/M) program, as 
amended on November 27, 1996 and April 1997, is approved pursuant to 
section 110 of the Clean Air Act, 42 U.S.C. 7410. However, since New 
Jersey failed to start its program by November 15, 1997, the interim 
approval granted under the provisions of Section 348 of the National 
Highway Systems Designation Act of 1995 (NHSDA), 23 U.S.C. 348, which 
allowed the State to take full credit in its 15 Percent ROP Plan for all 
the emission reduction credits in its proposal, converted to a 
disapproval when EPA sent finding letters to the State on December 12, 
1997. The finding letters also informed the state that the underlying 
enhanced I/M program approval, pursuant to Section 110 of the Act, 
remained in effect as part of the federally enforceable SIP.
    (f) The State of New Jersey's June 5, 1998 submittal for the 
conversion of the inspection frequency of the current inspection and 
maintenance (I/M) program from annual to biennial in order to facilitate 
the upgrade of the existing state lanes to accommodate the testing 
equipment for the enhanced program has been approved by EPA. The State 
will be adding a gas cap inspection to the current I/M program, which 
will result in a net increase in overall emissions reductions.
    (g) The 15 Percent Rate of Progress (ROP) Plans and the 
recalculation of the 9 Percent ROP Plans included in the July 30, 1998 
addendum and the February 10, 1999 State Implementation Plan revision 
for the New York/Northern New Jersey/Long Island and Philadelphia/
Wilmington/Trenton nonattainment areas have been approved.
    (h)(1) The statewide 1996 periodic emission inventory included in 
New Jersey's April 11, 2001 State Implementation Plan revision is 
approved.
    (2) The 2002 and 2005 ozone projection year emission inventories for 
the New Jersey portion of the Philadelphia/Wilmington/Trenton 
nonattainment area and the 2002, 2005 and 2007 ozone projection year 
emission inventories for the New Jersey portion of the New York/Northern 
New Jersey/Long Island nonattainment area included in New Jersey's April 
11, 2001 State Implementation Plan revision are approved.
    (3) The 2002 and 2005 Reasonable Further Progress Plans for the New 
Jersey portion of the Philadelphia/Wilmington/Trenton nonattainment area 
and the 2002, 2005 and 2007 Reasonable Further Progress Plans for the 
New Jersey portion of the New York/Northern New Jersey/Long Island 
nonattainment area included in New Jersey's April 11, 2001 State 
Implementation Plan revision are approved.
    (4) The contingency measures for the New Jersey portions of the 
Philadelphia/Wilmington/Trenton nonattainment area and the New York/
Northern New Jersey/Long Island nonattainment area included in New 
Jersey's April 11, 2001 State Implementation Plan revision are approved.
    (5) [Reserved]
    (6) The Reasonably Available Control Measure Analysis for the New 
Jersey portion of the Philadelphia/Wilmington/Trenton and New York-
Northern New Jersey-Long Island nonattainment areas included in New 
Jersey's October 16, 2001 State Implementation Plan revision is 
approved.
    (7) The revisions to the State Implementation Plan submitted by New 
Jersey on August 31, 1998, October 16, 1998, and April 26, 2000 are 
approved. The revisions are for the purpose of satisfying the attainment 
demonstration requirements of section 182(c)(2)(A) of the Clean Air Act 
for the New Jersey portions of the Philadelphia/Wilmington/Trenton and 
New York-Northern New Jersey-Long Island severe ozone nonattainment 
areas. The revisions establish attainment dates of November 15, 2005 for 
the Philadelphia/Wilmington/Trenton nonattainment area and November 15, 
2007 for the New York-Northern New Jersey-Long Island ozone 
nonattainment area. The revisions include the enforceable commitments 
for future actions associated with attainment of the 1-hour ozone 
national ambient air quality:
    (i) To adopt additional control measures by October 31, 2001 to meet 
the

[[Page 524]]

level of reductions identified by EPA for attainment of the 1-hour ozone 
standard;
    (ii) To submit revised State Implementation Plan and motor vehicle 
emissions budgets by October 31, 2001 if additional adopted measures 
affect the motor vehicle emissions inventory;
    (i)(1) The revised 1996, 2005 and 2007 motor vehicle emission 
inventories calculated using MOBILE6 included in New Jersey's April 8, 
2003 State Implementation Plan revision is approved.
    (2) The 2005 conformity emission budgets for the New Jersey portion 
of the Philadelphia/Wilmington/Trenton nonattainment area included in 
New Jersey's April 8, 2003 State Implementation Plan revision are 
approved.
    (3) [Reserved]
    (4) The revised commitment to perform a mid-course review and submit 
the results by December 31, 2004 included in the April 8, 2003 SIP 
revision is approved.
    (j)(1) The revised 1997, 2005, 2007 and 2014 motor vehicle emission 
inventories calculated using MOBILE6 included in New Jersey's May 21, 
2004 State Implementation Plan revision is approved.
    (2) The 2005 conformity emission budgets for the New Jersey portion 
of the Philadelphia/Wilmington/Trenton nonattainment area and the 2005 
and 2007 conformity emission budgets for the New Jersey portion of the 
New York/Northern New Jersey/Long Island nonattainment area included in 
New Jersey's May 21, 2004 State Implementation Plan revision are 
approved.
    (k)(1) The Statewide 2002 base year ozone precursor emission 
inventories included in New Jersey's May 18, 2006 State Implementation 
Plan revision are approved.
    (2) The revisions to the 2005 and 2007 motor vehicle emissions 
budgets for the New Jersey portion of the New York/Northern New Jersey/
Long Island nonattainment area included in New Jersey's May 18, 2006 
State Implementation Plan revision are approved.
    (3) The conformity emission budgets for the McGuire Air Force Base 
included in New Jersey's May 18, 2006 State Implementation Plan revision 
are approved.
    (l) Attainment Determination. EPA is determining that the 1-hour 
ozone nonattainment areas in New Jersey listed below have attained the 
1-hour ozone standard on the date listed and that the reasonable further 
progress and attainment demonstration requirements of section 182(b)(1) 
and related requirements of section 172(c)(9) (contingency measures) of 
the Clean Air Act do not apply to these areas.
    (1) Philadelphia-Wilmington-Trenton (consisting of Burlington, 
Camden, Cumberland, Gloucester, Mercer, and Salem Counties) as of 
November 15, 2005. EPA also has determined, as of November 15, 2005, the 
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area 
is not subject to the imposition of the section 185 penalty fees.
    (2) Atlantic City (consisting of Atlantic and Cape May Counties) as 
of January 6, 2010.
    (m)(1) The 2008 Reasonable Further Progress Plans and associated 
2008 ozone projection year emission inventories for the New Jersey 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and 
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment 
areas included in New Jersey's October 29, 2007 State Implementation 
Plan revision are approved.
    (2) The contingency measures for failure to meet the 2008 RFP Plan 
milestones for the New Jersey portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic 
City, PA-NJ-MD-DE nonattainment areas included in New Jersey's October 
29, 2007 State Implementation Plan revision are approved.
    (3) The moderate area Reasonably Available Control Measure Analysis 
for the New Jersey portion of the New York-Northern New Jersey-Long 
Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE nonattainment areas included in New Jersey's October 29, 2007 
State Implementation Plan revision are approved.
    (4) The 2008 motor vehicle emissions budgets for the New Jersey 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and 
the Philadelphia-Wilmington-Atlantic City, PA-

[[Page 525]]

NJ-MD-DE nonattainment areas included in New Jersey's October 29, 2007 
State Implementation Plan revision are approved.
    (5) The general conformity budgets for McGuire AFB and Lakehurst NAS 
included in New Jersey's October 29, 2007 State Implementation Plan 
revision are approved.
    (6) The Statewide reasonably available control technology (RACT) 
analysis for the 8-hour ozone standard included in the August 1, 2007 
State Implementation Plan revision is approved based on EPA's approval 
of the April 9, 2010 and April 21, 2010 SIP revisions.
    (n)(1) Attainment determination. 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.
    (2) EPA has determined, as of June 18, 2012, that based on 2007 to 
2009 complete, quality-assured and certified ambient air quality data, 
additional data showing continued attainment through 2011, the New York-
Northern New Jersey-Long Island, NY-NJ-CT, eight-hour ozone moderate 
nonattainment area has attained the 1997 eight-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 eight-hour ozone NAAQS.
    (o)(1) The 1997 8-hour ozone attainment demonstration for the New 
Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
nonattainment area included in New Jersey's October 29, 2007 State 
Implementation Plan revision is approved and satisfies the requirements 
of section 182(c)(2)(A) of the Clean Air Act.
    (2) The 1997 8-hour ozone attainment demonstration for the New 
Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 
nonattainment area included in New Jersey's October 29, 2007 State 
Implementation Plan revision is approved and satisfies the requirements 
of section 182(c)(2)(A) of the Clean Air Act.

[46 FR 20556, Apr. 6, 1981]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1582 see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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

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

[60 FR 4737, Jan. 24, 1995]



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

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

[[Page 526]]

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

[[Page 527]]

apply, unless provided otherwise by such approval of the State's SIP 
revision.
    (e)(1) The owner and operator of each source and each unit located 
in the State of New Jersey 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 New 
Jersey'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 (e)(1) of this 
section, if, at the time of the approval of New Jersey's SIP revision 
described in paragraph (e)(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 62351, Nov. 2, 2007, as amended at 76 FR 48370, Aug. 8, 2011]



Sec. 52.1585  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 New Jersey and for which requirements are set forth 
under the Federal CAIR SO2 Trading Program in subparts AAA 
through III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the New Jersey State 
Implementation Plan as meeting the requirements of CAIR for 
PM2.5 relating to SO2 under Sec. 51.124 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.124(r) of this 
chapter.
    (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.
    (c)(1) The owner and operator of each source and each unit located 
in the State of New Jersey 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 New 
Jersey'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.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this 
section, if, at the time of the approval of New Jersey's SIP revision 
described in paragraph (c)(1) 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

[[Page 528]]

such approval of the State's SIP revision.

[72 FR 62352, Nov. 2, 2007, as amended at 76 FR 48370, Aug. 8, 2011]



Sec. 52.1586  Section 110(a)(2) infrastructure requirements.

    (a) 1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. (1) 
Approval. In a February 25, 2008 submittal and supplemented on January 
15, 2010, New Jersey certified that the State has satisfied the Clean 
Air Act (CAA) infrastructure requirements of section 110(a)(2) for the 
1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. These 
submittals satisfy the 1997 8-hour ozone and the 1997 and 2006 
PM2.5 NAAQS requirements of CAA sections 110(a)(2)(A), (B), 
(C) (enforcement program only), (D)(i)(II) prong 4 (visibility), (E)(i), 
(F), (H), (J) (consultation and public notification only), (K), (L), and 
(M).
    (2) Disapproval. Submittal from New Jersey dated February 25, 2008 
and supplement dated January 15, 2010 to address the CAA infrastructure 
requirements for the 1997 8-hour ozone and the 1997 and 2006 
PM2.5 NAAQS are disapproved for the following sections 
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii), 
and (J) (PSD program only). These requirements are being addressed by 40 
CFR 52.1603 which has been delegated to New Jersey to implement.
    (3) Conditional approval. Submittal from New Jersey dated February 
25, 2008 and supplement dated January 15, 2010 to address the CAA 
infrastructure requirements for the 1997 8-hour ozone and the 1997 and 
2006 PM2.5 NAAQS are conditionally approved for the following 
sections 110(a)(2)(E)(ii) (conflict of interest provisions), (E)(iii) 
(delegations), and for the 1997 8-hour ozone element section 
110(a)(2)(G)(emergency powers). This conditional approval is contingent 
upon New Jersey taking actions to meet requirements of these elements 
within one year of conditional approval, as committed to in a letter 
from the State to EPA Region 2 dated May 2, 2013.
    (b) [Reserved]

[78 FR 35765, June 14, 2013]

    Effective Date Note: At 78 FR 35765, June 14, 2013, Sec. 52.1586 
was added, effective July 15, 2013.



Sec. Sec. 52.1587-52.1600  [Reserved]



Sec. 52.1601  Control strategy and regulations: Sulfur oxides.

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

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

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

    (b) Before any steam or electric power generating facility in Zone 
3, as defined in N.J.A.C. 7:27-10.1, burning fuel oil on June 4, 1979, 
having a rated hourly gross heat input greater than 200,000,000 British 
Thermal Units (BTU's), and capable of burning coal without major 
reconstruction or construction, which facility was in operation prior to 
May 6, 1968, or group of such facilities having a combined rated hourly 
capacity greater than 450,000,000

[[Page 529]]

BTU's may be permitted by the State to convert to the use of coal, the 
State shall submit to EPA a copy of the proposed permit together with an 
air quality analysis employing methodology acceptable to EPA. If EPA 
determines, on the basis of the submitted analysis, that the proposed 
coal conversion will not interfere with the attainment or maintenance of 
air quality standards and will not be the cause for any Prevention of 
Significant Deterioration (PSD) increment to be exceeded, then the 
permit authorizing conversion may become effective immediately upon the 
publication of such a determination (as a Notice) in the Federal 
Register. If EPA determines that the submitted analysis is inadequate or 
that it shows that the proposed conversion will interfere with 
attainment or maintenance of air quality standards or cause any PSD 
increment to be exceeded, then EPA shall so inform the State of its 
determination, and the permit authorizing conversion shall not become 
effective and conversion shall not occur until an adequate analysis is 
submitted or, if necessary, until a control strategy revision which 
would require any necessary emission reductions is submitted by the 
State and placed into effect as an EPA approved revision to the 
implementation plan. In addition, this same procedure shall apply to any 
State permit applied for that would authorize a relaxation in the 
sulfur-in-coal limitation at any such facility, as defined above in this 
paragraph, having already been granted a permit to convert to coal.
    (c) The U.S. Gypsum Co. in Clark, New Jersey is permitted to burn 
fuel oil with a sulfur content of 2.0 percent, by weight, at either 
Boiler 1, 2 or 3 until March 31, 1985 or 
until Boiler 4 is ready to burn coal, whichever occurs first. 
Such oil burning must conform with New Jersey requirements and 
conditions as set forth in applicable regulations and administrative 
orders.

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



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

    (a) Approval--On May 18, 2006, New Jersey submitted an early 
PM2.5 implementation plan to set motor vehicle emissions 
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets 
were allocated by metropolitan planning organization as follows: North 
Jersey Transportation Planning Authority: 1,207 tons per year of direct 
PM2.5 and 61,676 tons per year of NOX; Delaware 
Valley Regional Planning Commission: 89 tons per year of direct 
PM2.5 and 4,328 tons per year of NOX.
    (b) Approval--On February 25, 2008, New Jersey submitted a revision 
to its early PM2.5 implementation plan to revise the motor 
vehicle emissions budgets for the Mercer County, New Jersey portion of 
the New York-Northern New Jersey-Long Island, NY-NJ-CT, PM2.5 
nonattainment area. The revised budgets, applicable to the Delaware 
Valley Regional Planning Commission, are as follows: 108 tons per year 
of direct PM2.5 and 5,056 tons per year of NOX.
    (c) 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.
    (d) Determination of Attainment. EPA has determined, as of May 16, 
2012, that the Philadelphia-Wilmington, PA-NJ-DE 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.

[[Page 530]]

    (e) Determination of Attainment. EPA has determined, as of December 
31, 2012, that the New York-N. New Jersey-Long Island, NY-NJ-CT fine 
particle (PM2.5) nonattainment area has attained the 2006 
PM2.5 National Ambient Air Quality Standard. This 
determination 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 2006 PM2.5 NAAQS.

[73 FR 24870, June 5, 2008, as amended at 75 FR 69591, Nov. 15, 2010; 77 
FR 28785, May 15, 2012; 77 FR 76871, Dec. 31, 2012]

    Editorial Note: At 78 FR 885, Jan.7, 2013, Sec. 52.1602 was amended 
by adding paragraph (e); however, the amendment could not be 
incorporated because paragraph (e) already exists.



Sec. 52.1603  Significant deterioration of air quality.

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

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



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

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

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



Sec. 52.1605  EPA-approved New Jersey regulations.

----------------------------------------------------------------------------------------------------------------
          State regulation              State effective date       EPA approved date             Comments
----------------------------------------------------------------------------------------------------------------
Title 7, Chapter 26
 
Subchapter 2A, ``Additional,          June 1, 1987...........  June 29, 1990, 55 FR      .......................
 Specific Disposal Regulations for                              26689.
 Sanitary Landfills.''
Title 7, Chapter 27
 
Subchapter 1, ``General Provisions''  May 1, 1956............  June 29, 1990, 55 FR      .......................
                                                                26689.
Subchapter 2, ``Control and           June 8, 1981...........  Sept. 30, 1981, 46 FR
 Prohibition of Open Burning''.                                 47779.
Subchapter 3, ``pontrol and           Oct. 12, 1977..........  Jan. 27, 1984, 49 FR
 Prohibition of Smoke from                                      3465.
 Combustion of Fuel''.
Subchapter 4, ``Control and           April 20, 2009.........  August 3, 2010, 75 FR
 Prohibition of Particles from                                  45483.
 Combustion of Fuel.''.
Subchapter 5, ``Prohibition of Air    Oct. 12, 1977..........  ......do................
 Pollution.

[[Page 531]]

 
Subchapter 6, ``Control and           May 23, 1977...........  Jan. 26, 1979, 44 FR      Section 6.5,
 Prohibition of Particles From                                  5427.                     ``Variances,'' is not
 Manufacturing Processes'' (except                                                        approved (40 CFR
 section 6.5).                                                                            52.1570(c)(20) and
                                                                                          52.1604(a)). Any State-
                                                                                          issued variances must
                                                                                          be formally
                                                                                          incorporated as SIP
                                                                                          revisions if EPA is to
                                                                                          be bound to their
                                                                                          provisions (40 CFR
                                                                                          52.1604(a)).
Subchapter 7, ``Sulfur''............  Mar. 1, 1967...........  May 31, 1972, 37 FR
                                                                10880.
Subchapter 8, ``Permits and           Apr. 5, 1985...........  Nov. 25, 1986, 51 FR
 Certificates, Hearings, and                                    42573.
 Confidentiality''.
Section 8.11........................  Mar. 2, 1992...........  Apr. 15, 1994, 59 FR
                                                                17935.
Sections 8.1 and 8.2................  June 20, 1994..........  August 7, 1997, 62 FR
                                                                42414.
Subchapter 9, ``Sulfur in Fuels``...  Sept. 9, 2010..........  1/3/12, 77 FR 19........  Sulfur dioxide
                                                                                          ``bubble'' permits
                                                                                          issued by the State
                                                                                          pursuant to Sec. 9.2
                                                                                          and not waived under
                                                                                          the provisions of Sec.
                                                                                            9.4 become
                                                                                          applicable parts of
                                                                                          the SIP only after
                                                                                          receiving EPA approval
                                                                                          as a SIP revision.
Subchapter 10, ``Sulfur in Solid      April 20, 2009.........  August 3, 2010, 2009, 75  Notification of ``large
 Fuels.''.                                                      FR 45483.                 zone 3 coal
                                                                                          conversions'' must be
                                                                                          provided to EPA (40
                                                                                          CFR 52.1601(b)).
Subchapter 11, ``Incinerators''.....  Aug. 15, 1968..........  May 31, 1972, 37 FR
                                                                10880.
Subchapter 12, ``Prevention and       Mar. 27, 1972..........  ......do................
 Control of Air Pollution
 Emergencies''.
Subchapter 13, ``Ambient Air Quality  June 25, 1985..........  Nov. 25, 1986, 51 FR
 Standards''.                                                   42573.
Subchapter 14, ``Control and          .......................  ........................  On September 15, 1997,
 Prohibition of Air Pollution from                                                        section 14.2 was re-
 Diesel-Powered Motor Vehicles''.                                                         numbered to 14.6. The
                                                                                          State did not submit
                                                                                          this change as a SIP
                                                                                          revision. Therefore,
                                                                                          the July 1, 1985,
                                                                                          version of section
                                                                                          14.2 will continue to
                                                                                          be the EPA-approved
                                                                                          regulation.
Sections 14.1-14.3..................  July 1, 1985...........  June 13, 1986...........
Section 14.1........................  July 2, 2007...........  April 17, 2009, 74 FR
                                                                17781..
Section 14.2........................  September 15, 1997.....  April 17, 2009, 74 FR
                                                                17781..
Section 14.3........................  July 2, 2007...........  April 17, 2009, 74 FR
                                                                17781..
Subchapter 15, ``Subchapter 15,       November 16, 2009......  March 15, 2012, 77 FR
 ``Control and Prohibition of Air                               15363.
 Pollution From Gasoline-Fueled
 Motor Vehicles.''.
Subchapter 16, ``Control and          April 20, 2009.........  August 3, 2010, 75 FR
 Prohibition of Air Pollution by                                45483.
 Volatile Organic Compounds.''.
Subchapter 17, ``Control and          June 20, 1994..........  August 7, 1997, 62 FR     Subchapter 17 is
 Prohibition of Air Pollution by                                42414.                    included in the SIP
 Toxic Substances''.                                                                      only as it relates to
                                                                                          the control of
                                                                                          perchloroethylene.
Subchapter 18, ``Control and          Mar. 15, 1993..........  July 25, 1996...........  See July 25, 1996, for
 Prohibition of Air Pollution from                                                        items not included in
 New or Altered Sources Affecting                                                         this limited approval.
 Ambient Air Quality (Emission
 Offset Rules).''.
Subchapter 19, ``Control and          April 20, 2009, as       August 3, 2010, 75 FR     Subchapter 19 is
 Prohibition of Air Pollution from     corrected on June 15,    45483.                    approved into the SIP
 Oxides of Nitrogen.''.                2009 and July 6, 2009.                             except for the
                                                                                          following provisions:
                                                                                          (1) Phased compliance
                                                                                          plan through
                                                                                          repowering in Sec.
                                                                                          19.21 that allows for
                                                                                          implementation beyond
                                                                                          May 1, 1999; and (2)
                                                                                          phased compliance plan
                                                                                          through the use of
                                                                                          innovative control
                                                                                          technology in Sec.
                                                                                          19.23 that allows for
                                                                                          implementation beyond
                                                                                          May 1, 1999.

[[Page 532]]

 
Subchapter 21, ``Emission             April 20, 2009.........  August 3, 2010, 75 FR     Section 7:27-21.3(b)(1)
 Statements.''.                                                 45483.                    and 7:27-21.3(b)(2) of
                                                                                          New Jersey's Emission
                                                                                          Statement rule
                                                                                          requires facilities to
                                                                                          report on the
                                                                                          following pollutants
                                                                                          to assist the State in
                                                                                          air quality planning
                                                                                          needs: hydrochloric
                                                                                          acid, hydrazine,
                                                                                          methylene chloride,
                                                                                          tetrachlorethylene, 1,
                                                                                          1, 1 trichloroethane,
                                                                                          carbon dioxide and
                                                                                          methane. EPA will not
                                                                                          take SIP-related
                                                                                          enforcement action on
                                                                                          these pollutants.
Subchapter 23, ``Prevention of Air    December 29, 2008......  December 22, 2010, 75 FR
 Pollution From Architectural                                   80340.
 Coatings.''
Subchapter 24, ``Prevention of Air    December 29, 2008......  December 22, 2010, 75 FR
 Pollution From Consumer Products.''                            80340.
Subchapter 25, ``Control and          December 29, 2008......  December 22, 2010, 75 FR
 Prohibition of Air Pollution by                                80340.
 Vehicular Fuels.''
Subchapter 26, ``Prevention of Air    December 29, 2008......  December 22, 2010, 75 FR
 Pollution From Adhesives, Sealants,                            80340.
 Adhesive Primers and Sealant
 Primers.''
Subchapter 29, ``Low Emission         January 17, 2006.......  February 13, 2008, 73 FR  In Section 29.13(g),
 Vehicle (LEV) Program''.                                       8202.                     Title 13, Chapter 1,
                                                                                          Article 2, Section
                                                                                          1961.1 of the
                                                                                          California Code of
                                                                                          Regulations relating
                                                                                          to greenhouse gas
                                                                                          emission standards, is
                                                                                          not incorporated into
                                                                                          the SIP.
Subchapter 30, ``Clean Air            July 16, 2007..........  October 1, 2007, 72 FR
 Interstate Rule (CAIR) NOX Trading                             55672.
 Program.''.
Subchapter 31, ``NOX Budget           July 16, 2007..........  October 1, 2007, 72 FR
 Program.''.                                                    55672.
Subchapter 34, ``TBAC Emissions       December 29, 2008......  December 22, 2010, 75 FR
 Reporting.''.                                                  80340.
 
Title 7, Chapter 27B
 
Subchapter 3, ``Air Test Method 3:    June 20, 1994..........  August 7, 1997, 62 FR     .......................
 Sampling and Analytic Procedures                               42414.
 for the Determination of Volatile
 Organic Compounds from Source
 Operations''.
Subchapter 5, ``Air Test Method 5:    November 16, 2009......  March 15, 2012, 77 FR
 Testing Procedures For Gasoline-                               15363.
 Fueled Vehicles.''.
 
Title 13, Chapter 20:
 
Subchapter 7, ``Vehicle               November 19, 2009......  March 15, 2012, 77 FR
 Inspection.'' Sections: 7.1. 7.2,                              15363.
 7.3, 7.4, 7.5, 7.6.
Subchapter 24,                        November 19, 2009......  March 15, 2012, 77 FR
 ``Motorcycles.''Section 20.                                    15363.
Subchapter 26, ``Compliance With      November 19, 2009......  March 15, 2012, 77 FR
 Diesel Emission Standards and                                  15363.
 Equipment, Periodic Inspection
 Program for Diesel Emissions, and
 Self-Inspection of Certain Classes
 of Motor Vehicles.'' Section: 26.2,
 26.16.
Subchapter 28, ``Inspection of New    November 19, 2009......  March 15, 2012, 77 FR
 Motor Vehicles.'' Sections: 28.3,                              15363.
 28.4, 28.6.
Subchapter 29, ``Mobile Inspection    November 19, 2009......  March 15, , 77 FR 15363.
 Unit.''Sections: 29.1, 29.2, 29.3.
Subchapter 32, ``Inspection           November 19, 2009......  March 15, 2012, 77 FR
 Standards and Test Procedures To Be                            15363.
 Used By Official Inspection
 Facilities.''

[[Page 533]]

 
Subchapter 33, ``Inspection           November 19, 2009......  March 15, 2012, 77 FR
 Standards and Test Procedures To Be                            15363.
 Used By Licensed Private Inspection
 Facilities.''
Subchapter 43, ``Enhanced Motor       November 19, 2009......  March 15, 2012, 77 FR
 Vehicle Inspection and Maintenance                             15363.
 Program.''
Subchapter 44, ``Private Inspection   November 19, 2009......  March 15, 2012, 77 FR
 Facility Licensing.''                                          15363.
Subchapter 45, ``Motor Vehicle        November 19, 2009......  March 15, 2012, 77 FR
 Emission Repair Facility                                       15363.
 Registration.''
Chapter 21
Subchapter 5, ``Registrations.''....  Dec. 6, 1999...........  January 22, 2002, 67 FR
                                                                2813.
Section: 5.12.......................
Subchapter 15, ``New Jersey Licensed  November 19, 2009......  March 15, 2012, 77 FR
 Motor Vehicle Dealers.'' Sections                              15363.
 15.8 and 15.12.
 
Title 16, Chapter 53
 
``Autobus Specifications''..........  Sept. 26, 1983.........  June 13, 1986...........  Only Sections 3.23,
                                                                                          3.24, 3.27, 6.15,
                                                                                          6.21, 6.30, 7.14,
                                                                                          7.17, 7.23, 8.15,
                                                                                          8.22, 8.25 are
                                                                                          approved.
Title 39, Chapter 8 Subchapters 1, 2  July 1, 2010...........  March 15, 2012, 2012, 77
 and 3.                                                         FR 15363.
--------------------------------------------------------      --------------------------------------------------


[46 FR 57677, Nov. 25, 1981]

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

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



Sec. 52.1606  Visibility protection.

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

[77 FR 21]



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

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

[59 FR 34386, July 5, 1994]



                          Subpart GG_New Mexico



Sec. 52.1620  Identification of plan.

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

[[Page 534]]

exists on the date of the approval, and notice of any change in the 
material will be published in the Federal Register. Entries in 
paragraphs (c) and (d) of this section with EPA approval dates after 
July 1, 1999, will be incorporated by reference in the next update to 
the SIP compilation.
    (2) EPA Region 6 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an 
exact duplicate of the officially promulgated State rules/regulations 
which have been approved as part of the State implementation plan as of 
July 1, 1999.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, 
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC 
20460; or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                       EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
                                                State
                                              approval/
   State citation          Title/subject      effective          EPA approval date                Comments
                                                 date
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
Part 1..............  General Provisions....   4/8/2010  8/12/2010, 75 FR 48860..........
Part 2..............  Definitions...........     11/30/  9/26/1997, 62 FR 50514..........
                                                   1995
Part 3..............  Ambient Air Quality      9/6/2006  7/15/11,........................
                       Standards.                        76 FR 41698.....................
Part 5..............  Source Surveillance...     11/30/  9/26/1997, 62 FR 50514..........
                                                   1995
Part 7..............  Excess Emissions......  7/10/2008  9/14/2009, 74 FR 46910..........
Part 8..............  Emissions Leaving New      11/30/  9/26/1997, 62 FR 50514..........
                       Mexico.                     1995
Part 10.............  Woodwaste Burners.....     11/30/  9/26/1997, 62 FR 50514..........
                                                   1995
Part 11.............  Asphalt Process            11/30/  9/26/1997, 62 FR 50514..........
                       Equipment.                  1995
Part 12.............  Cement Kilns..........     11/30/  9/26/1997, 62 FR 50514..........
                                                   1995
Part 13.............  Gypsum Processing          11/30/  9/26/1997, 62 FR 50514..........
                       Plants.                     1995
Part 14.............  Particulate Emissions      11/30/  9/26/1997, 62 FR 50514..........
                       From Coal Burning           1995
                       Equipment.
Part 15.............  Pumice, Mica and           11/30/  9/26/1997, 62 FR 50514..........
                       Perlite Process             1995
                       Equipment.
Part 16.............  Nonferrous Smelters        11/30/  9/26/1997, 62 FR 50514..........
                       (New and Existing)-         1995
                       Particulate Matter.
Part 17.............  Nonferrous Smelters        11/30/  9/26/1997, 62 FR 50514..........
                       (Existing)-                 1995
                       Particulate Matter.
Part 18.............  Oil Burning Equipment-     11/30/  9/26/1997, 62 FR 50514..........
                       Particulate Matter.         1995
Part 19.............  Potash, Salt, or           11/30/  9/26/1997, 62 FR 50514..........
                       Sodium Sulfate              1995
                       Processing Equipment-
                       Particulate Matter.
Part 20.............  Lime Manufacturing         11/30/  9/26/1997, 62 FR 50514..........
                       Plants-Particulate          1995
                       Matter.
Part 21.............  Fugitive Particulate       11/30/  9/26/1997, 62 FR 50514..........
                       Matter Emissions from       1995
                       Nonferrous Smelters.
Part 22.............  Fugitive Particulate       11/30/  9/26/1997, 62 FR 50514..........
                       Matter Emissions from       1995
                       Roads within the Town
                       of Hurley.
Part 30.............  Kraft Mills...........     11/30/  9/26/1997, 62 FR 50514..........
                                                   1995
Part 31.............  Coal Burning Equipment-    11/30/  9/26/1997, 62 FR 50514..........
                       Sulfur Dioxide.             1995
Part 32.............  Coal Burning Equipment-    11/30/  9/26/1997, 62 FR 50514..........
                       Nitrogen Dioxide.           1995

[[Page 535]]

 
Part 33.............  Gas Burning Equipment-     11/30/  9/26/1997, 62 FR 50514..........
                       Nitrogen Dioxide.           1995
Part 34.............  Oil Burning Equipment-     11/30/  9/26/1997, 62 FR 50514..........
                       Nitrogen Dioxide.           1995
Part 40.............  Sulfuric Acid              11/30/  9/26/1997, 62 FR 50514..........
                       Production Units-           1995
                       Sulfur Dioxide, Acid
                       Mist and Visible
                       Emissions.
Part 41.............  Nonferrous Smelters-       11/30/  9/26/1997, 62 FR 50514..........
                       Sulfur.                     1995
Part 60.............  Open Burning..........     12/31/  11/27/2012, 77 FR 70693.........
                                                   2003
Part 61.............  Smoke and Visible          11/30/  9/26/1997, 62 FR 50514..........
                       Emissions.                  1995
Part 65.............  Smoke Management......     12/31/  11/27/2012, 77 FR 70693.........
                                                   2003
Part 66.............  Cotton Gins...........   4/7/2005  6/13/2012, 77 FR 35273..........
Part 72.............  Construction Permits..   9/6/2006  3/11/2013, 78 FR 15296..........  The SIP includes
                                                                                            NMED's letter dated
                                                                                            11/7/2012, which
                                                                                            commits the NMED Air
                                                                                            Quality Bureau to
                                                                                            providing
                                                                                            notification on the
                                                                                            NMED's website of
                                                                                            all second 30-day
                                                                                            public comment
                                                                                            periods provided for
                                                                                            under paragraph B of
                                                                                            20.2.72.206. NOT in
                                                                                            SIP: the definitions
                                                                                            of ``Accelerated
                                                                                            review'',
                                                                                            ``Affiliate'',
                                                                                            ``Conflict of
                                                                                            interest'',
                                                                                            ``Interested party''
                                                                                            and ``Qualified
                                                                                            outside firm'' in
                                                                                            20.2.72.7;
                                                                                            subsection (B)(15)
                                                                                            of 20.2.72.203;
                                                                                            subsection (H) of
                                                                                            20.2.72.208;
                                                                                            20.2.72.221;
                                                                                            20.2.72.400-20.2.72.
                                                                                            499; and
                                                                                            20.2.72.502.
                                                                                            References to
                                                                                            20.2.77, 20.2.78,
                                                                                            and 20.2.82 are
                                                                                            approved for Part 72
                                                                                            only; underlying and
                                                                                            related regulations
                                                                                            for referred Parts
                                                                                            NOT in SIP.
Part 73.............  Notice of Intent and     7/6/2011  11/27/2012, 77 FR 70693.........
                       Emissions Inventory
                       Requirements.
Part 74.............  Permits--Prevention of   6/3/2011  1/22/2013, 78 FR 4339...........  Revisions to
                       Significant                                                          20.2.74.303(A) NMAC
                       Deterioration.                                                       submitted 5/23/2011,
                                                                                            effective 6/3/2011,
                                                                                            are NOT part of SIP.
                                                                                           20.2.74.303 NMAC
                                                                                            submitted 12/1/2010,
                                                                                            effective 1/1/2011,
                                                                                            remains SIP approved
                                                                                            (6/20/2011, 76 FR
                                                                                            43149).
Part 75.............  Construction Permit      11/30/95  11/25/97, 62 FR 50514
                       Fees.
Part 75.............  Construction Permit     12/1/2003  3/29/2012, 77 FR 18923..........  NOT in SIP:
                       Fees.                                                                subsection (B) of
                                                                                            20.2.75.10 and
                                                                                            subsection (D) of
                                                                                            20.2.75.11.
                                                                                           References to
                                                                                            20.2.70, 20.2.71,
                                                                                            20.2.72.400-20.2.72.
                                                                                            499, 20.2.77,
                                                                                            20.2.78, 20.2.82,
                                                                                            and 20.2.X are
                                                                                            approved for Part 75
                                                                                            only; underlying and
                                                                                            related regulations
                                                                                            for referred Parts
                                                                                            NOT in SIP.
 
Part 79.............  Permits--Nonattainment   6/3/2011  1/22/2013, 78 FR 4339...........
                       Areas.
Part 80.............  Stack Heights.........     11/30/  9/26/1997, 62 FR 50514..........
                                                   1995
Part 81.............  Western Backstop         7/6/2011  11/27/2012, 77 FR 70693.........
                       Sulfur Dioxide
                       Trading Program.
Part 98.............  General Conformity....   08/02/96  9/9/98, 63 FR 48109.............  Conditional approval
                                                                                            expires on September
                                                                                            9, 1999.
----------------------------------------------------------------------------------------------------------------

[[Page 536]]

 
                                       Part 99--Transportation Conformity
----------------------------------------------------------------------------------------------------------------
20.2.99.1...........  Issuing Agency........     11/23/  3/20/2000, 65 FR 14873..........
                                                   1998
20.2.99.2...........  Scope.................   6/1/2009  4/23/2010, 75 FR 21169..........
20.2.99.3...........  Statutory Authority...     11/23/  3/20/2000, 65 FR 14873..........
                                                   1998
20.2.99.4...........  Duration..............     11/23/  3/20/2000, 65 FR 14873..........
                                                   1998
20.2.99.5...........  Effective Date........     11/23/  3/20/2000, 65 FR 14873..........
                                                   1998
20.2.99.6...........  Objective.............     11/23/  3/20/2000, 65 FR 14873..........
                                                   1998
20.2.99.7...........  Definitions...........   6/1/2009  4/23/2010, 75 FR 21169..........
20.2.99.8...........  Documents.............     11/23/  3/20/2000, 65 FR 14873..........
                                                   1998
20.2.99.9 to          [Reserved]............     11/23/  3/20/2000, 65 FR 14873..........
 20.2.99.108.                                      1998
20.2.99.109.........  Applicability.........     10/15/  4/23/2010, 75 FR 21169..........
                                                   2005
20.2.99.110.........  Priority..............     11/23/  3/20/2000, 65 FR 14873..........
                                                   1998
20.2.99.111.........  Frequency of             6/1/2009  4/23/2010, 75 FR 21169..........
                       Conformity
                       Determinations.
20.2.99.112.........  Frequency of             6/1/2009  4/23/2010, 75 FR 21169..........
                       Conformity
                       Determinations--Trans
                       portation Plans.
20.2.99.113.........  Frequency of             6/1/2009  4/23/2010, 75 FR 21169..........
                       Conformity
                       Determinations--Trans
                       portation Improvement
                       Programs.
20.2.99.114.........  Frequency of               10/15/  4/23/2010, 75 FR 21169..........
                       Conformity                  2005
                       Determinations--Proje
                       cts.
20.2.99.115.........  Frequency of             6/1/2009  4/23/2010, 75 FR 21169..........
                       Conformity
                       Determinations--Trigg
                       ers for
                       Transportation Plan
                       and Tip Conformity
                       Determinations.
20.2.99.116.........  Consultation..........     10/15/  4/23/2010, 75 FR 21169..........
                                                   2005
20.2.99.117.........  Agency Roles in            10/15/  4/23/2010, 75 FR 21169..........
                       Consultation.               2005
20.2.99.118.........  Agency                     10/15/  4/23/2010, 75 FR 21169..........
                       Responsibilities in         2005
                       Consultation.
20.2.99.119.........  General Consultation       11/23/  3/20/2000, 65 FR 14873..........
                       Procedures.                 1998
20.2.99.120.........  Consultation               10/15/  4/23/2010, 75 FR 21169..........
                       Procedures for              2005
                       Specific Major
                       Activities.
20.2.99.121.........  Consultation               10/15/  4/23/2010, 75 FR 21169..........
                       Procedures for              2005
                       Specific Routine
                       Activities.
20.2.99.122.........  Notification             6/1/2009  4/23/2010, 75 FR 21169..........
                       Procedures for
                       Routine Activities.
20.2.99.123.........  Conflict Resolution        10/15/  4/23/2010, 75 FR 21169..........
                       and Appeals to the          2005
                       Governor.
20.2.99.124.........  Public Consultation      6/1/2009  4/23/2010, 75 FR 21169..........
                       Procedures.
20.2.99.125.........  Content of               6/1/2009  4/23/2010, 75 FR 21169..........
                       Transportation Plans
                       and Timeframes of
                       Conformity
                       Determinations.
20.2.99.126.........  Relationship of            11/23/  3/20/2000, 65 FR 14873..........
                       Transportation Plan         1998
                       and Tip Conformity to
                       the NEPA Process.
20.2.99.127.........  Fiscal Constraints for     11/23/  3/20/2000, 65 FR 14873..........
                       Transportation Plans        1998
                       and TIPs.
20.2.99.128.........  Criteria and             6/1/2009  4/23/2010, 75 FR 21169..........
                       Procedures for
                       Determining
                       Conformity of
                       Transportation Plans,
                       Programs, and
                       Projects--General.
20.2.99.129.........  Criteria and               10/15/  4/23/2010, 75 FR 21169..........
                       Procedures--Latest          2005
                       Planning Assumptions.
20.2.99.130.........  Criteria and               11/23/  3/20/2000, 65 FR 14873..........
                       Procedures--Latest          1998
                       Emissions Model.

[[Page 537]]

 
20.2.99.131.........  Criteria and               11/23/  3/20/2000, 65 FR 14873..........
                       Procedures--Consultat       1998
                       ion.
20.2.99.132.........  Criteria and               11/23/  3/20/2000, 65 FR 14873..........
                       Procedures--Timely          1998
                       Implementation of
                       TCMs.
20.2.99.133.........  Criteria and             6/1/2009  4/23/2010, 75 FR 21169..........
                       Procedures--Currently
                       Conforming
                       Transportation Plan
                       and TIP.
20.2.99.134.........  Criteria and             6/1/2009  4/23/2010, 75 FR 21169..........
                       Procedures--Projects
                       from a Transportation
                       Plan and TIP.
20.2.99.135.........  Criteria and             6/1/2009  4/23/2010, 75 FR 21169..........
                       Procedures--Localized
                       Co, PM10, and PM2.5
                       Violations (Hot
                       Spots).
20.2.99.136.........  Criteria and               10/15/  4/23/2010, 75 FR 21169..........
                       Procedures--Complianc       2005
                       e with PM10, and
                       PM2.5 Control
                       Measures.
20.2.99.137.........  Criteria and             6/1/2009  4/23/2010, 75 FR 21169..........
                       Procedures--Motor
                       Vehicle Emissions
                       Budget.
20.2.99.138.........  Criteria and             6/1/2009  4/23/2010, 75 FR 21169..........
                       Procedures--Interim
                       Emissions in Areas
                       without Motor Vehicle
                       Emissions Budgets.
20.2.99.139.........  Consequences of          6/1/2009  4/23/2010, 75 FR 21169..........
                       Control Strategy
                       Implementation Plan
                       Failures.
20.2.99.140.........  Requirements for         6/1/2009  4/23/2010, 75 FR 21169..........
                       Adoption or Approval
                       of Projects by Other
                       Recipients of Funds
                       Designated Under
                       Title 23 U.S.C. or
                       the Federal Transit
                       Laws.
20.2.99.141.........  Procedures for             11/23/  3/20/2000, 65 FR 14873..........
                       Determining Regional        1998
                       Transportation-
                       Related Pollutant
                       Emissions--General
                       Requirements.
20.2.99.142.........  Procedures for             11/23/  3/20/2000, 65 FR 14873..........
                       Determining Regional        1998
                       Transportation-
                       Related Pollutant
                       Emissions--Analysis
                       in Serious, Severe,
                       and Extreme Ozone
                       Nonattainment Areas
                       and Serious Carbon
                       Monoxide Areas.
20.2.99.143.........  Procedures for             10/15/  4/23/2010, 75 FR 21169..........
                       Determining Regional        2005
                       Transportation-
                       Related Pollution
                       Emissions--Two-Year
                       Grace Period for
                       Regional Emissions
                       Analysis Requirements
                       in Certain Ozone and
                       Co Areas.
20.2.99.144.........  Procedures for             10/15/  4/23/2010, 75 FR 21169..........
                       Determining Regional        2005
                       Transportation-
                       Related Pollutant
                       Emissions--Areas
                       Which are not
                       Serious, Severe or
                       Extreme Ozone
                       Nonattainment Areas
                       or Serious Carbon
                       Monoxide Areas.
20.2.99.145.........  Procedures for             10/15/  4/23/2010, 75 FR 21169..........
                       Determining Regional        2005
                       Transportation-
                       Related Pollutant
                       Emissions--PM10 from
                       Construction-Related
                       Fugitive Dust.
20.2.99.146.........  Procedures for             10/15/  4/23/2010, 75 FR 21169..........
                       Determining Regional        2005
                       Transportation--Relat
                       ed Pollutant
                       Emissions--PM2.5 from
                       Construction--Related
                       Fugitive Dust.

[[Page 538]]

 
20.2.99.147.........  Procedures for             10/15/  4/23/2010, 75 FR 21169..........
                       Determining Regional        2005
                       Transportation-
                       Related Pollutant
                       Emissions--Reliance
                       on Previous Regional
                       Emissions Analysis.
20.2.99.148.........  Procedures for           6/1/2009  4/23/2010, 75 FR 21169..........
                       Determining Localized
                       CO, PM10, and PM2.5
                       Concentrations (Hot-
                       Spot Analysis).
20.2.99.149.........  Using the Motor            10/15/  4/23/2010, 75 FR 21169..........
                       Vehicle Emissions           2005
                       Budget in the SIP (or
                       Implementation Plan
                       Submission).
20.2.99.150.........  Enforceability of        9/1/2007  4/23/2010, 75 FR 21169..........
                       Design Concept and
                       Scope and Project-
                       Level Mitigation and
                       Control Measures.
20.2.99.151.........  Exemptions............   6/1/2009  4/23/2010, 75 FR 21169..........
20.2.99.152.........  Traffic Signal             10/15/  4/23/2010, 75 FR 21169..........
                       Synchronization             2005
                       Projects.
20.2.99.153.........  Special Exemptions         10/15/  4/23/2010, 75 FR 21169..........
                       from Conformity             2005
                       Requirements for
                       Pilot Program Areas.
20.2.99.154.........  Savings Provision.....     10/15/  4/23/2010, 75 FR 21169..........
                                                   2005
----------------------------------------------------------------------------------------------------------------


                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
                                                    approval/
       State citation             Title/subject     effective        EPA approval date           Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
Part 1 (20.11.1 NMAC).......  General Provisions..   09/07/04  7/21/05, 70 FR 41963........
Part 2 (20.11.2 NMAC).......  Fees................  1/10/2011  5/24/2012, 77 FR 30900......  NOT in SIP:
                                                                                              references to
                                                                                              Operating Permits
                                                                                              (20.11.42 NMAC) in
                                                                                              subsection (A) of
                                                                                              20.11.2.2,
                                                                                              subsection (B) of
                                                                                              20.11.2.11,
                                                                                              subsection (B) of
                                                                                              20.11.2.12,
                                                                                              subsections (A)
                                                                                              and (B) of
                                                                                              20.11.2.13, and
                                                                                              subsection (B) of
                                                                                              20.11.2.21.
Part 3 (20.11.3 NMAC).......  Transportation         12/17/08  4/22/10, 75 FR 20922........
                               Conformity.
Part 4 (20.11.4 NMAC).......  General Conformity..   10/01/02  12/30/04, 69 FR 78314.......
Part 5 (20.11.5 NMAC).......  Visible Air            01/01/03  12/30/04, 69 FR 78314.......
                               Contaminants.
Part 6 (20.11.6 NMAC).......  Emergency Action       10/01/02  12/30/04, 69 FR 78314.......
                               Plan.
Part 7 (20.11.7 NMAC).......  Variance Procedure..   09/07/04  05/31/06, 71 FR 30805.......
Part 8 (20.11.8 NMAC).......  Ambient Air Quality   8/12/2009  September 19, 2012, 77 FR
                               Standards.                       58032.
Part 20 (20.11.20 NMAC).....  Fugitive Dust         3/17/2008  April 1, 2009, 74 FR 14731..
                               Control.
Part 21 (20.11.21 NMAC).....  Open Burning........  7/11/2011  11/29/12, 77 FR 71119.......
Part 22 (20.11.22 NMAC).....  Woodburning.........   10/01/02  12/30/04, 69 FR 78314.......
Part 40 (20.11.40 NMAC).....  Source Registration.   10/01/02  12/30/04, 69 FR 78314.......
Part 41 (20.11.41 NMAC).....  Authority to           10/01/02  12/30/04, 69 FR 78314.......
                               Construct.
Part 43 (20.11.43 NMAC).....  Stack Height           10/01/02  12/30/04, 69 FR 78314.......
                               Requirements.
Part 46 (20.11.46 NMAC).....  Sulfur Dioxide        5/16/2011  11/29/12, 77 FR 71119.......
                               Emission Inventory
                               Requirements;
                               Western Backstop
                               Sulfur Dioxide
                               Trading Program.
Part 49 (20.11.49 NMAC).....  Excess Emissions....    9/23/09  2/4/10, 75 FR 5698..........

[[Page 539]]

 
Part 60 (20.11.60)..........  Permitting in          12/14/05  4/26/07, 72 FR 20728........
                               Nonattainment Areas.
Part 61 (20.11.61 NMAC).....  Prevention of         1/10/2011  September 19, 2012, 77 FR
                               Significant                      58032.
                               Deterioration.
Part 63 (20.11.63 NMAC).....  New Source             10/01/02  12/30/04, 69 FR 78314.......
                               Performance
                               Standards for
                               Stationary Sources.
Part 64 (20.11.64 NMAC).....  Emission Standards     10/01/02  12/30/04, 69 FR 78314.......
                               for Hazardous Air
                               Pollutants for
                               Stationary Sources.
Part 65 (20.11.65 NMAC).....  Volatile Organic        9/23/09  2/4/10, 75 FR 5698..........
                               Compounds.
Part 66 (20.11.66 NMAC).....  Process Equipment...   10/01/02  12/30/04, 69 FR 78314.......
Part 67 (20.11.67 NMAC).....  Equipment,             10/01/02  12/30/04, 69 FR 78314.......
                               Emissions,
                               Limitations.
Part 68 (20.11.68 NMAC).....  Incinerators and       04/01/02  12/30/04, 69 FR 78314.......
                               Crematories.
Part 90 (20.11.90 NMAC).....  Source Surveillance,    9/23/09  2/4/10, 75 FR 5698..........
                               Administration and
                               Enforcement.
Part 100 (20.11.100 NMAC)...  Motor Vehicle         5/11/2011  11/5/12, 77 FR 65821........
                               Inspection--Decentr
                               alized.
Part 102 (20.11.102 NMAC)...  Oxygenated Fuels....     12/11/  2/11/2010, 75 FR 6813.......
                                                         2005
Part 103 (20.11.103 NMAC)...  Motor Vehicle          10/01/02  12/30/04, 69 FR 78314.......
                               Visible Emissions.
----------------------------------------------------------------------------------------------------------------

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

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

    (e) EPA approved nonregulatory provisions.

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

[[Page 540]]

 
74-2-16.................  Declaratory Judgement   08/11/83  11/02/84, 49 FR 44101
                           of Regulation.
74-2-17.................  Continuing Effect of    08/11/83  11/02/84, 49 FR 44101
                           Present Laws, Rules,
                           and Regulations.
Article 16, Sections 10-  New Mexico Conflict     07/16/90  June 1, 1999.................
 16-1 through 10-16-16.    of Interest Act.
Article 16, Supplemental  New Mexico              07/16/90  June 1, 1999.................
                           Environmental
                           Improvement Board
                           Code of Conduct.
----------------------------------------------------------------------------------------------------------------
  EPA Approved City of Albuquerque and Bernalillo County Ordinances for State Board Composition and Conflict of
                                               Interest Provisions
----------------------------------------------------------------------------------------------------------------
City of Albuquerque,      Metropolitan            11/16/90  June 1, 1999.................
 Chapter 6, Article XVII   Environmental Health
 Sections 6-17-1 to 6-17-  Advisory Board.
 3.
Bernalillo County         Metropolitan            08/05/74  June 1, 1999.................
 Commission Ordinance      Environmental Health
 302.                      Advisory Board.
Bernalillo County         Metropolitan            08/21/90  June 1, 1999.................  Amended Ordinance
 Commission Ordinance 90-  Environmental Health                                             302.
 19.                       Advisory Board.
City of Albuquerque,      Joint Air Quality       08/01/89  June 1, 1999.................
 Chapter 6, Article XVI    Control Board
 Sections 6-16-1 to 6-16-  Ordinance.
 15.
Bernalillo County         Joint Air Quality       12/27/88  June 1, 1999.................  Amended Ordinance 84-
 Commission Ordinance 88-  Control Board                                                    44.
 45.                       Ordinance.
City of Albuquerque       Public Boards,          07/01/87  June 1, 1999.................
 Chapter 1, Article XII    Commissions and
 Sections 1-12-1 to 1-12-  Committees.
 3.
City of Albuquerque       Conflict of Interest.   07/01/85  June 1, 1999.................
 Chapter 2, Article III
 Sections 2-3-1 to 2-3-
 13.
City of Albuquerque       Code of Ethics.......   04/01/90  June 1, 1999.................
 Charter, Article XII.
Bernalillo County         Code of Ethics.......   02/05/85  June 1, 1999.................
 Commission Ordinance 85-
 3.
City of Albuquerque Code  City Code of Conduct.   02/09/90  June 1, 1999.................
 of Conduct.
City of Albuquerque       Carbon monoxide          6/22/98  5/24/00, 65 FR 33460.........  .....................
 request for               maintenance plan and
 redesignation.            motor vehicle
                           emission budgets.
----------------------------------------------------------------------------------------------------------------


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

[[Page 541]]

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

[[Page 542]]

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

[[Page 543]]

 
Interstate transport for the     New Mexico.......  9/17/2007........  6/10/2010........  Revisions to prohibit
 1997 ozone and PM2.5 NAAQS.                                                               significant
                                                                                           contribution to
                                                                                           nonattainment in any
                                                                                           other state.
                                                                                          Approval for revisions
                                                                                           to prohibit
                                                                                           interference with
                                                                                           maintenance and PSD
                                                                                           measures in any other
                                                                                           state.
Interstate transport for the     New Mexico.......  9/17/2007........  11/26/2010, 75 FR  Revisions to prohibit
 1997 ozone and PM2.5 NAAQS.                                            72688.             interference with
                                                                                           maintenance and PSD
                                                                                           measures in any other
                                                                                           state.
Sunland Park 1997 8-Hour Ozone   Sunland Park, NM.  5/7/2007.........  5/16/2011, 76 FR
 Maintenance Plan.                                                      28181.
Air Pollution Episode            Statewide........  7/7/1988.........  8/21/1990, 55 FR
 Contingency Plan for New                                               34013.
 Mexico.
Infrastructure for the 1997      Statewide........  12/10/2007.......  7/15/11, 76 FR     Approval for
 Ozone and 1997 PM2.5 NAAQS.                        3/3/2008.........   41698.             110(a)(2)(A), (B),
                                                                                           (C), (D)(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
Infrastructure and Interstate    Bernalillo County  8/16/2010........  8/19/2012, 77 FR   Approval for
 Transport regarding                                                    58032.             110(a)(2)(A), (B),
 noninterference with other                                                                (C), (D)(i)(II),
 states' programs for PSD for                                                              (D)(ii), (E), (F),
 the 1997 and 2008 Ozone and                                                               (G), (H), (J), (K),
 the 1997 and 2006 PM2.5 NAAQS.                                                            (L), and (M).
Regional Haze SIP under 40 CFR   Statewide (except  6/24/2011........  11/27/2012, 77 FR  Nitrogen oxides Best
 51.309.                          Bernalillo                            70693.             Available Retrofit
                                  County).                                                 Technology
                                                                                           determination for San
                                                                                           Juan Generating
                                                                                           Station not included
                                                                                           in approval action.
Interstate transport for the     Bernalillo County  7/30/2007........  11/29/12, 77 FR    Revisions to prohibit
 1997 ozone and PM2.5 NAAQS.                                            71119.             interference with
                                                                                           measures required to
                                                                                           protect visibility in
                                                                                           any other State.
                                                                                           Revisions to prohibit
                                                                                           contribution to
                                                                                           nonattainment in any
                                                                                           other State approved
                                                                                           11/8/2010 (75 FR
                                                                                           68447).
Regional Haze SIP under 40 CFR   Bernalillo County  7/28/2011........  11/29/12, 77 FR
 51.309.                                                                71119.
Infrastructure for 2006 PM2.5    Statewide, except  6/12/2009........  1/22/2013, 78 FR   Approval for
 and Interstate Transport         for Bernalillo                        4337.              110(a)(2)(A), (B),
 regarding noninterference with   County and                                               (C), (D)(i)(II) (PSD
 other states' programs for PSD   Indian country.                                          portion), (D)(ii),
 for the 2006 PM2.5 NAAQS.                                                                 (E), (F), (G), (H),
                                                                                           (J), (K), (L), and
                                                                                           (M).

[[Page 544]]

 
Letter of commitment for the     Statewide (except  11/7/2012........  3/11/2013, 78 FR   Letter dated 11/7/2012
 New Mexico SIP for Minor NSR     Bernalillo                            15296.             from NMED to EPA that
 Public Notice.                   County).                                                 commits the NMED Air
                                                                                           Quality Bureau to
                                                                                           providing
                                                                                           notification on the
                                                                                           NMED's website of all
                                                                                           second 30-day public
                                                                                           comment periods
                                                                                           provided for under
                                                                                           paragraph B of
                                                                                           20.2.72.206.
----------------------------------------------------------------------------------------------------------------


[63 FR 37495, July 13, 1998]

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



Sec. 52.1621  Classification of regions.

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

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


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



Sec. 52.1622  Approval status.

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

[45 FR 24468, Apr. 10, 1980]



Sec. 52.1623  Conditional approval.

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

    This letter is regarding our general conformity rule, 20 NMAC 2.98--
Conformity of General Federal Actions to the State Implementation Plan. 
We have been reviewing

[[Page 545]]

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

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

[63 FR 48109, Sept. 9, 1998]



Sec. Sec. 52.1624-52.1626  [Reserved]



Sec. 52.1627  Control strategy and regulations: Carbon monoxide.

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

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



Sec. 52.1628  Interstate pollutant transport and regional haze 
provisions; what are the FIP requirements for San Juan Generating

Station emissions affecting visibility?

    (a) Applicability. The provisions of this section shall apply to 
each owner or operator of the coal burning equipment designated as Units 
1, 2, 3, or 4 at the San Juan Generating Station in San Juan County, New 
Mexico (the plant).
    (b) Compliance Dates. (1) Compliance with the requirements of this 
section is required by:
    (i) SO2: No later than 5 years after September 21, 2011.
    (ii) NOX: No later than 5 years after September 21, 2011.
    (iii) H2SO4: No later than 5 years after 
September 21, 2011.
    (2) On and after the compliance date of this rule, no owner or 
operator shall discharge or cause the discharge of NOX, 
SO2, or H2SO4 into the atmosphere from 
Units 1, 2, 3 and 4 in excess of the limits for these pollutants.
    (c) Definitions. All terms used in this part but not defined herein 
shall have the meaning given them in the CAA and in parts 51 and 60 of 
this chapter. For the purposes of this section:
    24-hour period means the period of time between 12:01 a.m. and 12 
midnight.
    Air pollution control equipment includes baghouses, particulate or 
gaseous scrubbers, and any other apparatus utilized to control emissions 
of regulated air contaminants which would be emitted to the atmosphere.
    Boiler-operating-day means any 24-hour period between 12:00 midnight 
and the following midnight during which any fuel is combusted at any 
time at the steam generating unit.
    Heat input means heat derived from combustion of fuel in a unit and 
does not include the heat input from preheated combustion air, 
recirculated flue gases, or exhaust gases from other sources. Heat input 
shall be calculated in accordance with part 75 of this chapter, using 
data from certified O2 and stack gas flow rate monitors.
    Owner or Operator means any person who owns, leases, operates, 
controls, or supervises the plant or any of the coal burning equipment 
designated as Units 1, 2, 3, or 4 at the plant.
    Oxides of nitrogen (NOX) means all oxides of nitrogen except nitrous 
oxide, as measured by test methods set forth in 40 CFR part 60.
    Regional Administrator means the Regional Administrator of EPA 
Region 6 or his/her authorized representative.

[[Page 546]]

    (d) Emissions Limitations and Control Measures. (1) Within 180 days 
of September 21, 2011, the owner or operator shall submit a plan to the 
Regional Administrator that identifies the air pollution control 
equipment and schedule for complying with paragraph (d) of this section. 
The NOX control device included in this plan shall be 
designed to meet the NOX emission rate limit identified in 
paragraph (d) of this section with an ammonia slip of no greater than 
2.0 ppm. The owner or operator shall submit amendments to the plan to 
the Regional Administrator as changes occur.
    (2) NOX emission rate limit. The NOX emission rate limit 
for each unit in the plant, expressed as nitrogen dioxide 
(NO2), shall be 0.05 pounds per million British thermal units 
(lbs/MMBtu), as averaged over a rolling 30 boiler-operating-day period. 
The hourly NOX and O2 data used to determine the 
NOX emission rates shall be in compliance with the 
requirements in part 75 of this chapter. For each unit on each boiler-
operating-day, the hourly NOX emissions measured in lbs/
MMBtu, shall be averaged over the hours the unit was in operation to 
obtain a daily boiler-operating-day average. Each day, the 30-day-
rolling average NOX emission rate for each unit (in lbs/
MMBtu) shall be determined by averaging the daily boiler-operating-day 
average emission rate from that day and those from the preceding 29 
days.
    (3) SO2 emission rate limit. The SO2 emission rate limit 
for each unit in the plant shall be 0.15 pounds per million British 
thermal units (lbs/MMBtu), as averaged over a rolling 30 boiler-
operating-day period. The hourly NOX and O2 data 
used to determine the NOX emission rates shall be in 
compliance with the requirements in part 75 of this chapter. For each 
unit on each boiler-operating-day, the hourly SO2 emissions 
measured in lbs/MMBtu, shall be averaged over the hours the unit was in 
operation to obtain a daily boiler-operating-day average. Each day, the 
30-day-rolling average SO2 emission rate for each unit (in 
lbs/MMBtu) shall be determined by averaging the daily boiler-operating-
day average emission rate from that day and those from the preceding 29 
days.
    (4) Sulfuric Acid (H2SO4) emission rate limit: Emissions of 
H2SO4 from each unit shall be limited to 2.6 x 
10-\4\ lb/MMBtu on an hourly basis.
    (e) Testing and monitoring. Notwithstanding any language to the 
contrary, the paragraphs in this section apply at all times to Units 1, 
2, 3, and 4 at the plant.
    (1) By the applicable compliance date in paragraph (b) of this 
section, the owner or operator shall install, calibrate, maintain and 
operate Continuous Emissions Monitoring Systems (CEMS) for 
NOX, SO2, stack gas flow rate, and O2 
on Units 1, 2, 3, and 4 in accordance with part 75 of this chapter. The 
owner or operator shall also comply with the applicable quality 
assurance procedures in part 75 of this chapter for these CEMS. 
Continuous monitoring systems for NOX, SO2, stack 
gas flow rate, and O2 that have been certified for use under 
the Acid Rain Program, and that are continuing to meet the on-going 
quality-assurance requirements of that program, satisfy the requirements 
of this paragraph (e)(1). Compliance with the emission limits for 
NOX and SO2 shall be determined by using data from 
these CEMS.
    (2) The CEMS required by this rule shall be in continuous operation 
during all periods of operation of the coal burning equipment, including 
periods of startup, shutdown, and malfunction, except for CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments. 
Continuous monitoring systems for measuring SO2, 
NOX, and O2 shall complete a minimum of one cycle 
of operation (sampling, analyzing, and data recording) for each 
successive 15-minute period. Hourly averages shall be computed using at 
least one data point in each fifteen minute quadrant of an hour. 
Notwithstanding this requirement, an hourly average may be computed from 
at least two data points separated by a minimum of 15 minutes (where the 
unit operates for more than one quadrant in an hour) if data are 
unavailable as a result of performance of calibration, quality 
assurance, preventive maintenance activities, or backups of data from 
data acquisition and handling system, and recertification events. Each 
required CEMS must obtain valid

[[Page 547]]

data for at least 90.0 percent of the unit operating hours, on an annual 
basis.
    (3) Emissions of H2SO4 shall be measured 
within 180 days of start up of the NOX control device and 
annually thereafter using EPA Test Method 8A (CTM-013).
    Note to paragraph (e)(3): EPA Test Method 8A is available at: http:/
/www.epa.gov/ttn/emc/ctm/ctm-013.pdf.
    (f) Reporting and Recordkeeping Requirements. Unless otherwise 
stated all requests, reports, submittals, notifications, and other 
communications to the Regional Administrator required by this section 
shall be submitted, unless instructed otherwise, to the Director, 
Multimedia Planning and Permitting Division, U.S. Environmental 
Protection Agency, Region 6, to the attention of Mail Code: 6PD, at 1445 
Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
    (1) The owner or operator shall keep records of all CEMS data, stack 
test data, and CEMS quality-assurance tests required under this section 
for a period of at least 3 years.
    (2) For each unit subject to the emission limitations for 
SO2, and NOX, in this section, the owner or 
operator shall comply with the excess emission reporting requirements in 
Sec. Sec. 60.7(c) and (d) of this chapter, on a semiannual basis, 
unless more frequent (e.g., quarterly) reporting is requested by the 
Regional Administrator. For SO2 and NOX, any day 
on which the 30-day rolling average emission limit in paragraph (d) of 
this section is not met shall be counted as an excess emissions day. The 
duration of the excess emissions period shall be the number of unit 
operating hours on that day. Any hour in which a CEMS is out-of-service 
(excluding hours in which required calibrations and QA tests are 
performed) shall be counted as an hour of monitor downtime.
    (g) Equipment Operations. At all times, including periods of 
startup, shutdown, and malfunction, the owner or operator shall, to the 
extent practicable, maintain and operate the unit including associated 
air pollution control equipment in a manner consistent with good air 
pollution control practices for minimizing emissions. Determination of 
whether acceptable operating and maintenance procedures are being used 
will be based on information available to the Regional Administrator 
which may include, but is not limited to, monitoring results, review of 
operating and maintenance procedures, and inspection of the unit.
    (h) Enforcement. (1) Notwithstanding any other provision in this 
implementation plan, any credible evidence or information relevant as to 
whether the unit would have been in compliance with applicable 
requirements if the appropriate performance or compliance test had been 
performed, can be used to establish whether or not the owner or operator 
has violated or is in violation of any standard or applicable emission 
limit in the plan.
    (2) Emissions in excess of the level of the applicable emission 
limit or requirement that occur due to a malfunction shall constitute a 
violation of the applicable emission limit.

[76 FR 52439, Aug. 22, 2011]



Sec. 52.1629  Visibility protection.

    The portion of the State Implementation Plan revision received on 
September 17, 2007, from the State of New Mexico for the purpose of 
addressing the visibility requirements of Clean Air Act section 
110(a)(2)(D)(i)(II) for the 1997 8-hour ozone and the 1997 fine 
particulate matter National Ambient Air Quality Standards is 
disapproved.

[76 FR 52440, Aug. 22, 2011]



Sec. Sec. 52.1630-52.1633  [Reserved]



Sec. 52.1634  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of New Mexico on February 21, 
1984 (as adopted by the New Mexico Environmental Improvement Board 
(NMEIB) on January 13, 1984), August 19, 1988 (as revised and adopted by 
the NMEIB on July 8, 1988), and July 16, 1990 (as revised and adopted by 
the NMEID on March 9, 1990), Air Quality Control Regulation 707--
Permits, Prevention of Significant Deterioration (PSD) and its 
Supplemental document, is approved as meeting the requirements of part 
C, Clean Air Act for preventing significant deterioration of air 
quality. Additionally, on November 2,

[[Page 548]]

1988, EPA approved New Mexico's stack height regulation into the SIP (53 
FR 44191), thereby satisfying the conditions of EPA's conditional 
approval of the State's PSD program on February 27, 1987 (52 FR 5964). 
Therefore, the conditional approval was converted to a full approval on 
July 15, 2011.
    (b) The requirements of section 160 through 165 of the Clean Air Act 
are not met for federally designated Indian lands. Therefore, the 
provisions of Sec. 52.21 except paragraph (a)(1) are hereby 
incorporated and made a part of the applicable implementation plan, and 
are applicable to sources located on land under the control of Indian 
governing bodies.
    (c) The plan submitted by the Governor in paragraph (a) of this 
section for Prevention of Significant Deterioration is not applicable to 
Bernalillo County. Therefore, the following plan described below is 
applicable to sources located within the boundaries of Bernalillo County 
(including the City of Albuquerque). This plan, submitted by the 
Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, 
May 17, 1993, May 24, 2006, August 16, 2010, and December 15, 2010 and 
respectively adopted on March 8, 1989, July 12, 1989, April 11, 1990, 
February 10, 1993, December 22, 2005, April 13, 2006, July 28, 2010, and 
December 10, 2010, by the Albuquerque/Bernalillo County Air Quality 
Control Board, containing Part 61--Prevention of Significant 
Deterioration is approved as meeting the requirements of part C of the 
Clean Air Act for the prevention of significant deterioration of air 
quality.

[58 FR 67333, Dec. 21, 1993, as amended at 68 FR 11323, Mar. 10, 2003; 
68 FR 74490, Dec. 24, 2003; 75 FR 82558, Dec. 30, 2010; 76 FR 41705, 
July 15, 2011; 76 FR 43153, July 20, 2011; 76 FR 81838, Dec. 29, 2011; 
77 FR 58035, Sept. 19, 2012]



Sec. 52.1635  Rules and regulations.

    (a) Part D disapproval: The requirements of Sec. 51.281 of this 
chapter are not met since the measurement provisions of Sections A, B.2, 
and B.3 of New Mexico Regulation 506 make these sections unenforceable. 
Therefore, Sections A, B.2, and B.3 of Regulation 506 are disapproved.
    (b) Regulation for measurement of emission limitations (particulate 
matter from nonferrous smelters). (1) This regulation applies to new and 
existing nonferrous smelters as they are defined in New Mexico 
Regulation 506. The requirements of this paragraph replace the 
requirements of Sections A, B.2, and B.3 of Regulation 506. All other 
requirements of Regulation 506 are approved as part of the plan.
    (2) No person owning or operating a new nonferrous smelter shall 
permit, cause, suffer, or allow particulate matter emissions to the 
atmosphere in excess of 0.03 grains per dry standard cubic foot (as 
defined in 40 CFR part 60) of discharge gas.
    (3) No person owning or operating an existing nonferrous smelter 
shall permit, cause, suffer, or allow particulate matter to the 
atmosphere from:
    (i) The stack or stacks serving the acid plant in excess of 0.05 
grains per dry standard cubic foot of discharge gas.
    (ii) The stack or stacks serving the reverberatory feed dryer in 
excess of 0.05 grains per dry standard cubic foot of discharge gas.
    (c) Regulation for compliance testing (particulate matter from 
nonferrous smelter). The requirements of Sec. 60.8(f) of 40 CFR part 60 
shall apply to paragraph (b)(2) of this section, and to each operation 
of Section B.4 of New Mexico Regulation 506.

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



Sec. 52.1636  [Reserved]



Sec. 52.1637  Particulate Matter (PM10) Group II SIP commitments.

    (a) On August 19, 1988, the Governor of New Mexico submitted a 
revision to the State Implementation Plan (SIP) that contained 
commitments, from the Director of New Mexico Environmental Improvement 
Division, for implementing all of the required activities including 
monitoring, reporting, emission inventory, and other tasks that may be 
necessary to satisfy the requirements of the PM10 Group II 
SIPs. The New Mexico Environmental Improvement Board adopted this SIP 
revision on July 7 and 8, 1988.
    (b) The State of New Mexico has committed to comply with the 
PM10 Group

[[Page 549]]

II State Implementation Plan (SIP) requirements, as articulated in the 
Federal Register notice of July 1, 1987 (52 FR 24670), for Dona Ana, 
Grant, Sandoval, Santa Fe, and Taos counties as provided in the New 
Mexico PM10 Group II SIPs. In addition to the SIP, a letter 
from the Director of New Mexico Environmental Improvement Division, 
dated July 15, 1988, stated that:

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

[54 FR 20579, May 12, 1989]



Sec. 52.1638  Bernalillo County particulate matter (PM10) Group II SIP 
commitments.

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

[54 FR 23477, June 1, 1989]



Sec. 52.1639  Prevention of air pollution emergency episodes.

    (a) The plan submitted by the Governor of New Mexico on August 19, 
1988, and as adopted on July 7, 1988, by the New Mexico Environmental 
Improvement Board, entitled Air Pollution Episode Contingency Plan for 
New Mexico, is approved as meeting the requirements of section 110 of 
the Clean Air Act and 40 CFR part 51, subpart H. This plan is only 
approved for the State of New Mexico outside of the boundaries of 
Bernalillo County.
    (b) The plan submitted by the Governor in (a) for the Air Pollution 
Episode Contingency Plan is not applicable to Bernalillo County. 
Therefore, the following plan described below is applicable to sources 
located within the boundaries of Bernalillo County (including the City 
of Albuquerque). This plan, submitted by the Governor of New Mexico on 
April 14, 1989, and adopted on January 26, 1989, by the Albuquerque/
Bernalillo County Air Quality Control Board, entitled Air Pollution 
Episode Contingency Plan for Bernalillo County, is approved as meeting 
the requirements of section 110 of the Clean Air Act and 40 CFR part 51, 
subpart H.

[56 FR 38074, Aug. 12, 1991]



Sec. 52.1640  Original identification of plan section.

    (a) This section identifies the original ``State of New Mexico 
Implementation Plan'' and all revisions submitted by New Mexico that 
were federally approved prior to January 1, 1998.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The Plan revisions listed below are submitted on the dates 
specified.

[[Page 550]]

    (1) The Environmental Improvement Agency submitted revisions of Air 
Quality Control Regulations 506, 507, 604, 605, 606, 651, and 652 
(adopted by the Board on January 10, 1972) on March 7, 1972.
    (2) Additions of sections 12-14-1 through 12-14-13 of the State's 
Air Quality Control Act, and Regulations 504, 602, and 603 were 
submitted by the Governor on May 9, 1972.
    (3) Revisions of Regulations 702, 703, 704, and 705, as adopted by 
the Board on July 29, 1972, and revisions of Sections IV, V, VII, and 
VIII, were submitted by the Environmental Improvement Agency on July 31, 
1972.
    (4) State Attorney General's opinion on legal authority and 
confidentiality of source data was submitted on September 4, 1972. (Non-
regulatory)
    (5) Revisions of the New Source Review and Source Surveillance 
sections of the New Mexico Implementation Plan were submitted by the 
Environmental Improvement Agency on January 3, 1973. (Non-regulatory)
    (6) Clarification of the State permit and source surveillance 
regulations was submitted by the Environmental Improvement Agency on 
January 18, 1973. (Non-regulatory)
    (7) Regulation 705, Compliance Schedules, was submitted by the 
Governor on February 12, 1974.
    (8) Revisions to Regulation 602, Coal Burning Equipment-Sulfur 
Dioxide, as adopted by the New Mexico Environmental Improvement Board on 
December 13, 1974, were submitted by the Governor on October 3, 1975 
(see Sec. 52.1624).
    (9) Revisions to Regulation 100, Definitions, Regulation 705, 
Schedules of Compliance, and a new Regulation 706, Air Quality 
Maintenance Areas, were submitted by the Governor on November 6, 1975 
(see Sec. 52.1633).
    (10) Revisions to sections 12-14-2, 12-14-6, and 12-14-7 of the New 
Mexico Air Quality Control Act were submitted by the Governor on 
November 6, 1975.
    (11) Revisions to the plan for attainment of standards for 
particulate matter in Albuquerque and Grant, Eddy and Lea Counties, 
sulfur dioxide in San Juan and Grant Counties; ozone in Albuquerque and 
carbon monoxide in Las Cruces, Farmington and Santa Fe were submitted by 
the Governor on January 23, 1979.
    (12) Ordinance for motor vehicle emissions inspection/maintenance 
program for Albuquerque submitted by the Governor July 2, 1979.
    (13) Commitments regarding the development of a TSP plan for 
Albuquerque, modifications to the permit regulations and commitments 
regarding reasonable further progress and commitments to currently 
planned transportation control measures for Albuquerque were submitted 
by the Governor on August 2, 1979.
    (14) Schedule for Albuquerque TSP plan, request for 18 month 
extension for submission of a plan for attainment of the TSP standard in 
Grant County, schedule for revising permit regulations were submitted by 
the Governor on September 25, 1979.
    (15) No action is being taken on the carbon monoxide strategies 
submitted by the Governor on January 23, 1979 for Farmington and Santa 
Fe.
    (16) Compliance schedules for several industries located in Eddy, 
Lea and Grant Counties were submitted to EPA by the Governor of New 
Mexico on July 25, 1979.
    (17) Revisions to the plan for attainment of the standard for carbon 
monoxide in Bernalillo County were submitted by the Governor on March 
17, 1980.
    (18) A commitment to not issue permits to stationary sources located 
in nonattainment areas was submitted by the Governor on May 20, 1980.
    (19) A commitment to submit an enforcement plan for the Albuquerque-
Bernalillo County inspection/maintenance program was submitted by the 
Governor on October 10, 1980.
    (20) On December 12, 1979, the Governor submitted final revisions to 
the ambient monitoring portion of plan.
    (21) A variance to Regulation 506 for Phelps Dodge Corporation, 
Hidalgo Smelter in Playas, New Mexico was submitted by the Governor on 
February 4, 1980.
    (22) Revisions to Regulation 602, Coal Burning Equipment-Sulfur 
Dioxide and a compliance schedule for that regulation were adopted on 
November 20, 1980 by the New Mexico Environmental Improvement Board and 
submitted by the

[[Page 551]]

Governor on November 24, 1980. A revised sulfur dioxide control strategy 
demonstration for San Juan County, based on revised Regulation 602 was 
submitted by the New Mexico Environmental Improvement Division on 
February 12, 1981. Clarifications of provisions in revised regulation 
602, and a memorandum of understanding between the State and Arizona 
Public Service Company on the procedure to be used by EPA in enforcing 
power plant station emission limits were submitted by the New Mexico 
Environmental Improvement Division on April 16, 1981.
    (23) A revision to Regulation 504 which extends the final compliance 
date for Units 4 and 5 of the Arizona Public Service Four Corners Power 
Plant to December 31, 1982 was submitted by the Governor on June 28, 
1978. A compliance schedule for the same units was submitted by the 
Governor on March 31, 1980.
    (24) A revision to Regulation 507, changing the emission limitations 
was submitted by the Governor on January 23, 1979.
    (25) A variance to Regulation 603 for the Arizona Public Service 
Units 3, 4, and 5 at the Four Corners Generating Station, was submitted 
by the Governor on July 31, 1980.
    (26) Revision to the plan for maintenance of pay for sources subject 
to nonferrous smelter orders (Section 74-2-11.1B of the New Mexico Air 
Quality Control Act) was submitted by the Governor on September 26, 
1979.
    (27) The New Mexico Plan for lead was submitted to EPA on May 19, 
1980, by the Governor of New Mexico as adopted by the New Mexico 
Improvement Board on May 9, 1980. A clarifying letter dated February 10, 
1982 also was submitted.
    (28) Revisions to Regulation 652, Non-Ferrous Smelters--Sulfur, 
submitted by the Governor on June 22, 1981. A revised sulfur dioxide 
control strategy demonstration for Grant County based on the revised 
Regulation 652 was submitted by the New Mexico Environmental Improvement 
Division on May 12, 1981 and August 13, 1981.
    (29) A revision to Regulation 401, Regulation to Control Smoke and 
Visible Emissions, was adopted by the Environmental Improvement Board on 
August 25, 1978 and submitted by the Governor on November 8, 1978.
    (30) Revision to New Mexico Regulation 801, Excess Emissions during 
Malfunction, Startup, Shutdown or Scheduled Maintenance, was submitted 
by the Governor on May 16, 1981.
    (31) Revisions to Section X, Intergovernmental Consultation and 
Cooperation and Interstate Pollution Abatement, submitted by the 
Governor on January 23, 1979, the Intergovernmental Consultation Program 
submitted by the Environmental Improvement Division, March 28, 1980 and 
copies of letters from the New Mexico Environmental Improvement Division 
dated November 7, 1977 to the States of Texas, Oklahoma, Arizona, 
Colorado, and Utah sent in compliance with section 126(a)(2) of the 
Clean Air Act, as amended in 1977.
    (32) Revisions to Air Quality Control Regulation 652, Nonferrous 
Smelters--Sulfur were adopted by the New Mexico Environmental 
Improvement Board on June 11, 1982 and submitted to EPA by the Governor 
of New Mexico on July 26, 1982.
    (33) Addition of Public Information and Participation Program, 
submitted by the Environmental Improvement Division on December 20, 
1979.
    (34) Revisions to the plan for attainment of the standard for Carbon 
Monoxide in Bernalillo County were submitted by the Governor on June 28, 
1982, and January 26, 1983, which included the Albuquerque/Bernalillo 
County Air Quality Control Board Regulation Number 28, adopted October 
19, 1982. On March 4, 1985, the vehicle inspection and maintenance 
portion of the SIP providing for attainment of the standard for Carbon 
Monoxide in Bernalillo County was disapproved.
    (35) Revisions to sections 74-2-2 (9/79, 2/82, 4/83); 74-2-5 (9/79, 
2/82, 4/83); 74-2-6 (2/82); 74-2-7 (9/79, 2/82, 4/83); 74-2-9 (9/79); 
74-2-11 (9/79); 74-2-11.1 (9/79); 74-2-15 (9/79); and 74-2-15.1 (9/79) 
of the State's Air Quality Control Act were submitted by the New Mexico 
Secretary for Health and Environment on August 11, 1983.
    (36) A revision to Air Quality Control Regulation 402 ``Regulation 
to Control Wood Waste Burners'' as adopted by

[[Page 552]]

the New Mexico Environmental Improvement Board on January 10, 1975, and 
revised by that Board on December 10, 1982, was submitted by the State 
on December 23, 1983.
    (37) On February 21, 1984, the Governor of New Mexico submitted Air 
Quality Control Regulation 707--Permits, Prevention of Significant 
Deterioration (PSD), as adopted by the New Mexico Environmental 
Improvement Board on January 13, 1984. Regulation 707 provides authority 
for the State to implement the PSD program in certain areas of the 
State. On May 14, 1985, the Governor of New Mexico submitted a letter in 
which he committed the State not to issue PSD permits under Regulation 
707 to sources which would require review under EPA's stack height 
regulations because they would have stack heights over sixty five (65) 
meters or would use any other dispersion techniques, as defined at 40 
CFR 51.1(hh).
    (i) Incorporation by reference.
    (A) Letter from the Governor of New Mexico dated February 21, 1984 
to EPA, and New Mexico Air Quality Control Regulation No. 707--Permits, 
Prevention of Significant Deterioration of Air Quality, except for 
sources that locate (or are located) on lands under control of Indian 
Governing Bodies, or sources that locate (or are located) in Bernalillo 
County, or sources that require review under EPA's stack height 
regulations because they have stack heights over sixty five (65) meters 
or use any other dispersion techniques, as defined at 40 CFR 51.1(hh), 
adopted on January 13, 1984.
    (B) A letter from the Governor of New Mexico dated May 14, 1985, in 
which he committed the State not to issue PSD permits under Regulation 
707 to source which would require review under EPA's stack height 
regulations because they would have stack heights over sixty five (65) 
meters or would use any other dispersion techniques, as defined at 40 
CFR 51.1(hh).
    (ii) Additional material.
    (A) A narrative explantion entitled ``Revision to the New Mexico 
State Implementation Plan--Prevention of Significant Deterioration of 
Air Quality.''
    (38) Revisions to the New Mexico SIP for the Arizona Public Service 
Units 3, 4 and 5 at the Four Corners Generating Station were submitted 
by the Governor on February 4, 1987, October 26, 1987, and February 16, 
1988.
    (i) Incorporation by reference.
    (A) An Order dated and effective August 7, 1986, issued by the 
Chairman of the New Mexico Environmental Improvement Board in the matter 
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4 
and 5 of the Four Corners Power Plant granting a variance through May 
31, 1987, from Air Quality Control Regulation 603.B.
    (B) A Memorandum and Order dated and effective April 10, 1987, 
issued by the Chairman of the New Mexico Environmental Improvement Board 
in the matter of Arizona Public Service Company, Fruitland, New Mexico 
for Units 3, 4 and 5 of the Four Corners Power Plant extending the term 
of the variance from May 31, 1987 through October 15, 1987.
    (C) An Order dated and effective December 18, 1987, issued by the 
Chairman of the New Mexico Environmental Improvement board in the matter 
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4 
and 5 of the Four Corners Power Plant extending the term of the variance 
through September 30, 1989 for Unit 4, September 30, 1990 for Unit 3, 
and September 30, 1991 for Unit 5.
    (ii) Additional material.
    (A) Modeling Protocol, The Four Corners Power Plant, prepared by 
Bruce Nicholson of the New Mexico Environmental Improvement Division, 
November 6, 1987.
    (B) Amendment to Modeling Protocol, letter of August 17, 1988, from 
Bruce Nicholson of the New Mexico Environmental Improvement Division to 
Gerald Fontenot of EPA Region 6.
    (C) Modeling Report, letter of October 27, 1988 to C. V. Mathai 
(Arizona Public Service Company) and Bruce Nicholson (New Mexico 
Environmental Improvement Division) from Mark Yocke of Systems 
Applications Inc.
    (D) An air quality impact analysis dated November 16, 1988, 
submitted by the Governor of New Mexico which demonstrated that the 
variance would not interfere with attainment or maintenance of the 
NO2 NAAQS.

[[Page 553]]

    (39) On April 26, 1988, the Governor of New Mexico submitted a 
revision to the State Implementation Plan that contained Air Quality 
Control Regulation No. 710--Stack Height Requirements, as adopted by the 
New Mexico Environmental Improvement Board on March 10, 1988. Regulation 
No. 710 enables the State to ensure that the degree of emission 
limitation required for the control of any air pollutant under its SIP 
is not affected by that portion of any stack height that exceeds GEP or 
by any other dispersion technique.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation No. 710--Stack Height 
Requirements, effective April 14, 1988.
    (ii) Other material--None.
    (40) On November 5, 1985, the Governor of New Mexico submitted Air 
Quality Control Regulation 709, Permits-Nonattainment Areas, as adopted 
by the New Mexico Environmental Improvement Board on July 26, 1985, and 
effective on August 25, 1985. On August 19, 1988, the Governor of New 
Mexico submitted revisions to Air Quality Control Regulation 709, 
Permits--Nonattainment Areas, as adopted by the New Mexico Environmental 
Improvement Board on July 8, 1988, and effective on August 31, 1988. 
These revisions were to Section G.3, H.4.(d), J.1.(b)(iv), and L.32. 
Regulation 709 establishes a program under which new major source and 
major modifications may be constructed in areas where a National Ambient 
Air Quality Standard (NAAQS) is being exceeded, without interfering with 
the continuing progress toward attainment of that standard. This 
regulation is part of New Mexico's New Source Review (NSR) program.
    (i) Incorporation by reference.
    (A) Incorporation of New Mexico Air Quality Control Regulation 709; 
adopted on July 26, 1985, effective August 25, 1985 and Revisions G.3; 
H.4.(d); J.1.(b)(iv); and L.32 adopted on July 8, 1988, effective August 
31, 1988.
    (ii) Additional material.
    (A) Letter dated September 29, 1988, from the New Mexico Air Quality 
Bureau Chief making commitments requested by EPA in the August 31, 1988, 
Federal Register Proposed Rulemaking (51 FR 33505).
    (41) Revisions to the New Mexico State Implementation Plan for 
particulate matter (PM10 Group III): (1) Air Quality Control 
Regulation (AQCR) 100--Definitions Sections P, Q, R, S, BB; (2) AQCR 
707--Permits, Prevention of Significant Deterioration (PSD) Sections C, 
E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), Table 2, and 
Table 3; and (3) AQCR 709--Permits, Nonattainment Areas sections 
A(1)(b), A(5), and Table 1 as adopted by the New Mexico Environmental 
Improvement Board (NMEIB) on July 8, 1988, and filed with State Records 
Center on August 1, 1988; and (4) Air Pollution Episode Contingency Plan 
for New Mexico, as adopted by the NMEID on July 7, 1988, were submitted 
by the Governor on August 19, 1988. Approval of the PM10 Group III SIP 
is partially based on previous approved AQCRs 100, 301, 401, 402, 501, 
502, 506, 507, 508, 509, 510, 511, 601, 702, 707, and 709.
    (i) Incorporation by reference.
    (A) AQCR 100--Definitions Section P, Q, R, S, and BB as filed with 
State Records Center on August 1, 1988.
    (B) AQCR 707--Permits, Prevention of Significant Deterioration (PSD) 
Sections C, E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), 
Table 2, and Table 3, as filed with State Records Center on August 1, 
1988.
    (C) AQCR 709--Permits, Nonattainment Areas Sections A(1)(b), A(5), 
and Table 1 as filed with State Records Center on August 1, 1988.
    (ii) Additional material.
    (A) A letter dated May 25, 1988, from the NMEID General Counsel to 
EPA's Region 6 Air Programs Chief indicating that the State of New 
Mexico has sufficient authority to enforce the NAAQS without adopting 
the Federal NAAQS as State standards.
    (42) [Reserved]
    (43) A revision to the New Mexico State Implementation Plan (SIP) to 
include Air Quality Control Regulation 700--Filing and Permit Fees, as 
filed with the State Records and Archives Center on November 20, 1989, 
and submitted by the Governor of New Mexico on May 14, 1990.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 700--Filing and Permit 
Fees, as filed with the State Records

[[Page 554]]

and Archives Center on November 20, 1989.
    (44) A revision to the New Mexico State Implementation Plan (SIP) to 
include: Air Quality Control Regulation 110--Confidential Information 
Protection, and Air Quality Control Regulation 703.1--Notice of Intent 
and Emissions Inventory Requirements, and revisions to Air Quality 
Control Regulations 100--Definitions and 709--Permits--Nonattainment 
Areas, as all filed with the State Records and Archives Center on May 
29, 1990, and submitted by the Governor of New Mexico on July 16, 1990; 
and revisions to Air Quality Control Regulation 702--Permits, as filed 
with the State Records and Archives Center on August 18, 1987, on 
October 19, 1988, and on May 29, 1990. Air Quality Control Regulation 
702 was first submitted by the Governor of New Mexico to EPA on 
September 17, 1987. Further revisions to Air Quality Control Regulation 
702 were submitted to EPA on October 28, 1988, and on July 16, 1990. The 
approval of Air Quality Control Regulation 703.1 allows Air Quality 
Control Regulation 703 to be removed from the New Mexico State 
Implementation Plan.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 110--Confidential 
Information Protection, as filed with the State Records and Archives 
Center on May 29, 1990.
    (B) New Mexico Air Quality Control Regulation 703.1--Notice of 
Intent and Emissions Inventory Requirements, ``Part One--Definitions;'' 
``Part Two--Notice of Intent;'' and ``Part Three--Emissions Inventory 
Requirements,'' as filed with the State Records and Archives Center on 
May 29, 1990.
    (C) New Mexico Air Quality Control Regulation 100--Definitions, 
sections (B), (C), (D), (E), (F), (G), (H), (I), (J), (N), (O), (T), 
(U), (V), (W), (X), (Y), (Z), (AA), (CC), (DD), and (EE), as filed with 
the State Records and Archives Center on May 29, 1990.
    (D) New Mexico Air Quality Control Regulation 702--Permits, ``Part 
One--Definitions,'' first paragraph and sections 1, 2, 3, 4, 5; ``Part 
Two--Permit Processing and Requirements,'' section A, subsections A(4), 
A(6); section G, ``Public Notice and Participation,'' subsections G(1) 
(first paragraph), G(1)(e); section H, ``Permit Decisions and Appeals,'' 
subsections H(1), H(2), H(3), H(5), H(6), H(7); Section I, ``Basis for 
Denial of Permit,'' subsections I(1), I(3); Section J, ``Additional 
Legal Responsibilities on Applicants;'' section K, ``Permit 
Conditions,'' subsections K(1), K(2), K(3), K(4); section L, ``Permit 
Cancellations;'' section M, ``Permittee's Notification Requirements to 
Division,'' subsections M (first paragraph), M(1); Section O, ``Source 
Class Exemption Process (Permit Streamlining),'' subsections O(1)(a), 
O(2); and section P, ``Emergency Permit Process,'' subsections P(2), 
P(3), P(4), as filed with the State Records and Archives Center on 
August 18, 1987; and further revisions to Air Quality Control Regulation 
702, ``Part One--Definitions,'' sections 6, 7, 8, 9, 10, 11; ``Part 
Two--Permit Processing and Requirements,'' section A, subsection 
A(1)(b); section H, ``Permit Decisions and Appeals,'' subsection H(4); 
and section I, ``Basis for Denial of Permit,'' subsection I (first 
paragraph), as filed with the State Records and Archives Center on 
October 19, 1988; and further revisions to Air Quality Control 
Regulation 702, ``Part One--Definitions,'' Sections 12, 13, 14, 15, 16, 
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33; 
``Part Two--Permit Processing and Requirements,'' section A, 
``Application for Construction, Modification, NSPS, and NESHAP--Permits 
and Revisions,'' Subsections A(1)(a)(i), A(1)(a)(ii), A(1)(a)(iii), 
A(1)(a)(v), A(2), A(3), A(5), A(7); Section B, ``New Source Review 
Coordination;'' section C, ``Permit Revision;'' section D, ``Contents of 
Applications (except last sentence of section D, subsection D(1)(d));'' 
section E, ``Confidential Information Protection;'' section F, 
``Construction, Modification and Permit Revision in Bernalillo County;'' 
section G, ``Public Notice and Participation,'' subsections G(1)(a), 
G(1)(b), G(1)(c), G(1)(d), G(1)(f), G(2); section I, ``Basis for Denial 
of Permit,'' subsections I(2), I(4), I(5), I(6), I(7); section K, 
``Permit Conditions,'' subsection K(5); section M, ``Permittee's 
Notification Requirements to Division,'' Subsections M(2), M(3), M(4);

[[Page 555]]

section N, ``Startup and Followup Testing;'' Section O, ``Source Class 
Exemption Process (Permit Streamlining),'' subsections O(1) (first 
paragraph), O(1)(b), O(1)(c), O(3), O(4); section P, ``Emergency Permit 
Process,'' subsections P(1), P(5); section Q, ``Nonattainment Area 
Requirements;'' and Table 1, ``Significant Ambient Concentrations,'' as 
filed with the State Records and Archives Center on May 29, 1990.
    (E) New Mexico Air Quality Control Regulation 709--Permits--
Nonattainment Areas, section A, ``Applicability,'' subsections A(1), 
A(3), A(4); section B, ``Source Obligation,'' subsections B(3), B(5), 
B(6); section C, ``Source Information,'' subsections C (first 
paragraph), C(1), C(2); section D, ``Source Requirements,'' subsections 
D(1), D(2), D(3), D(4), D(5); section E, ``Additional Requirements for 
Sources Impacting Mandatory Federal Class I Areas,'' subsections E(1), 
E(2), E(5); section H, ``Banking of Emission Reduction,'' subsection 
H(4)(a); section I, ``Air Quality Benefit,'' subsections I(1), I(2); 
section J, ``Public Participation and Notification;'' section K, 
``Definitions;'' and Table 2, ``Fugitive Emissions Source Categories,'' 
Title only, as filed with the State Records and Archives Center on May 
29, 1990.
    (45) On July 11, 1986, the Governor of New Mexico submitted a 
revision to the State Implementation Plan that contained Albuquerque/
Bernalillo County Air Quality Control Regulation (AQCR) No. 33--Stack 
Height Requirements, as filed with the State Records and Archives Center 
on June 18, 1986. Further, on April 14, 1989, the Governor submitted 
revisions to AQCR 33, as filed with the State Records and Archives 
Center on March 16, 1989. In addition, on August 7, 1989, the Governor 
submitted a commitment found in the July 12, 1989 Supplement to AQCR 33 
to include specific caveat language on all affected permits issued in 
which dispersion credits have been an issue in the permit. AQCR 33 
enables Albuquerque/Bernalillo County to ensure that the degree of 
emission limitation required for the control of any air pollutant under 
its SIP is not affected by that portion of any stack height that exceeds 
GEP or by any other dispersion technique.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
33--Stack Height Requirements, as filed with the State Records and 
Archives Center on June 18, 1986, and as revised on March 16, 1989.
    (ii) Additional material.
    (A) The Supplement to the State of New Mexico's SIP regarding stack 
heights in new source review (NSR) for permits issued in Bernalillo 
County, as adopted by the Albuquerque/Bernalillo County Air Quality 
Control Board on July 12, 1989. The Board in this Supplement committed 
to include specific caveat language for all affected permits issued in 
which dispersion credits have been an issue in the permit.
    (46) Revisions to the New Mexico State Implementation Plan for Air 
Quality Control Regulation (AQCR) 707--Permits, Prevention of 
Significant Deterioration (PSD) (for PSD nitrogen dioxide increments) 
Sections O(4), P(7) through P(41), Table 4, and Table 5, as adopted by 
the New Mexico Environmental Improvement Board (NMEIB) on March 9, 1990, 
and filed with State Records Center on May 29, 1990, were submitted by 
the Governor on July 16, 1990.
    (i) Incorporation by reference.
    (A) AQCR 707--Permits, Prevention of Significant Deterioration (PSD) 
sections O(4), P(7) through P(41), Table 4, and Table 5, as filed with 
State Records Center on May 29, 1990.
    (ii) Additional Material--None.
    (47) A revision to the New Mexico State Implementation Plan (SIP) to 
include Part Four of Air Quality Control Regulation 702, entitled 
``Source Class Permit Streamlining,'' as filed with the State Records 
and Archives Center on May 12, 1992, and submitted by the Governor of 
New Mexico by letter dated June 16, 1992.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 702--Permits, ``Part 
Four--Source Class Permit Streamlining,'' Section A, ``Definitions;'' 
Section B, ``Applicability;'' Section C, ``Contents of Application;'' 
Section D, ``Public Notice and Participation;'' Section E,

[[Page 556]]

``Permit Decisions;'' Section F, ``General Requirements;'' Section G, 
``Source Class Requirements;'' and Table 2, ``Permit Streamlining Source 
Class Categories,'' as filed with the State Records and Archives Center 
on May 12, 1992.
    (48) A revision to the New Mexico SIP to include revisions to Air 
Quality Control Regulation 709--Permits--Nonattainment Areas, as filed 
with the State Records and Archives Center on June 25, 1992.
    (i) Incorporation by reference.
    (A) Revisions to New Mexico Air Quality Control Regulation 709--
Permits--Nonattainment Areas, Section D, ``Source Requirements,'' 
Subsections D(2), D(3)(a), D(5), D(6); Section G, ``Emission Offsets,'' 
Subsection G(5); Section I, ``Air Quality Benefit,'' Subsection I(1); 
and Section J, ``Public Participation and Notification,'' Subsection 
J(2) (first paragraph), as filed with the State Records and Archives 
Center on June 25, 1992.
    (49) A revision to the New Mexico State Implementation Plan (SIP) to 
include revisions to Albuquerque/Bernalillo County Air Quality Control 
Board Regulation 8--Airborne Particulate Matter, as filed with the State 
Records and Archives Center on February 17, 1983, and submitted by the 
Governor of New Mexico by letter dated June 16, 1992.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Board 
Regulation 8--Airborne Particulate Matter, Section 8.03, ``Soil 
Disturbance,'' Subsections 8.03.1, 8.03.2, 8.03.3, 8.03.4, 8.03.5, 
8.03.6, 8.03.7, and 8.03.8, as filed with the State Records and Archives 
Center on February 17, 1983.
    (50) A revision to the New Mexico State Implementation Plan (SIP) 
addressing moderate PM-10 nonattainment area requirements for Anthony 
was submitted by the Governor of New Mexico by letter dated November 8, 
1991. The SIP revision included, as per section 188(f) of the Clean Air 
Act, a request for a waiver of the attainment date for Anthony.
    (i) Incorporation by reference.
    (A) Revision to New Mexico Air Quality Control Regulation 301--
Regulation to Control Open Burning, section I (definition of ``open 
burning''), as filed with the State Records and Archives Center on 
February 7, 1983.
    (ii) Additional material.
    (A) November 8, 1991, narrative plan addressing the Anthony moderate 
PM-10 nonattainment area, including emission inventory, modeling 
analyses, and control measures.
    (B) A letter dated October 29, 1991, from Judith M. Price, Dona Ana 
County Planning Director and Assistant County Manager, to Judith M. 
Espinosa, Secretary of the New Mexico Environment Department, in which 
the County committed to implement and enforce all Dona Ana County rules, 
regulations, policies and practices, including those identified in the 
draft PM-10 SIP which reduce airborne dust in the Anthony area. The Dona 
Ana County rules, regulations, policies and practices identified in the 
draft Anthony PM-10 SIP are identical to those identified in the final 
Anthony PM-10 SIP.
    (C) A letter dated November 21, 1991, from Cecilia Williams, Chief, 
New Mexico Air Quality Bureau, to Gerald Fontenot, Chief, Air Programs 
Branch, EPA Region 6, expressing satisfaction with the October 29, 1991, 
commitment letter from Judith Price to Judith Espinosa.
    (D) Anthony PM-10 SIP narrative from page 10 that reads as follows: 
``The State remains committed to the dust control measures implemented 
by Dona Ana County, moderate area control strategies as agreed to in 
this SIP submittal and to the established air quality monitoring 
schedule.''
    (51) A revision to the New Mexico SIP addressing the nonattainment 
new source review program for Albuquerque/Bernalillo County, outside the 
boundaries of Indian lands, was submitted by the Governor of New Mexico 
on April 14, 1989, August 7, 1989, and May 17, 1993. The revision 
included visibility protection new source review and stack height 
provisions.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
32--Construction Permits--Nonattainment Areas, Section A, 
``Applicability,'' Subsection A(2); Section B, ``Source Obligation,'' 
Subsections B(1), B(2), B(4);

[[Page 557]]

Section C, ``Source Information,'' Subsection C(3); Section G, 
``Emission Offsets,'' Subsections G(first paragraph), G(1), G(2), G(4), 
G(6), G(7), G(8), G(9)(first paragraph), G(9)(a), G(9)(b), G(10); 
Section J, ``Public Participation and Notification,'' Subsections J(1), 
J(2)(a), J(2)(d), J(2)(f), J(2)(g), J(2)(h); Section K, ``Definitions,'' 
Subsections K(first paragraph), K(1), K(2), K(4), K(5), K(6), K(8), 
K(9), K(10), K(11), K(12), K(13), K(15), K(16)(first paragraph), 
K(16)(b), K(16)(c)(first paragraph), K(16)(c)(i), K(16)(c)(ii), 
K(16)(c)(iii), K(16)(c)(iv), K(16)(c)(v)(first paragraph), 
K(16)(c)(v)(a), K(16)(c)(vi), K(16)(c)(vii), K(16)(d), K(16)(e), 
K(17)(first paragraph), K(17)(a), K(17)(b), K(17)(c), K(18), K(19), 
K(20), K(21)(first paragraph), K(21)(a), K(21)(b)(first paragraph), 
K(21)(b)(i), K(21)(c), K(21)(d), K(21)(e), K(21)(f), K(23), K(26), 
K(28), K(29), K(31), K(32); and Table 1, ``Significant Ambient 
Concentrations,'' as filed with the State Records and Archives Center on 
March 16, 1989; and further revisions to AQCR 32, Section i, 
``Purpose;'' Section A, ``Applicability,'' Subsections A(1), A(3), A(4); 
Section B, ``Source Obligation,'' Subsections B(3), B(5), B(6); Section 
C, ``Source Information,'' Subsections C(first paragraph), C(1), C(2); 
Section D, ``Source Requirements;'' Section E, ``Additional Requirements 
for Sources;'' Section F, ``Emissions Offset Baseline;'' Section G, 
``Emission Offsets,'' Subsections G(3), G(5), G(9)(c); Section H, 
``Banking of Emission Reduction;'' Section I, ``Air Quality Benefit;'' 
Section J, ``Public Participation and Notification,'' Subsections 
J(2)(first paragraph), J(2)(b), J(2)(c), J(2)(e); Section K, 
``Definitions,'' Subsections K(3), K(7), K(14), K(16)(a), 
K(16)(c)(v)(b), K(17)(d), K(17)(e), K(21)(b)(ii), K(22), K(24), K(25), 
K(27), K(30); and Table 2, ``Fugitive Emissions Source Categories,'' as 
filed with the State Records and Archives Center on February 26, 1993.
    (ii) Additional material.
    (A) The Supplement to the New Mexico State Implementation Plan to 
Control Air Pollution in Areas of Bernalillo County Designated 
Nonattainment, as approved by the Albuquerque/Bernalillo County Air 
Quality Control Board on April 14, 1993. This supplement superseded the 
supplement dated July 12, 1989.
    (B) A letter dated July 18, 1989, from Sarah B. Kotchian, Director, 
Albuquerque Environmental Health Department, to Mr. Robert E. Layton 
Jr., Regional Administrator, EPA Region 6, regarding a stack height 
commitment and an NSPS/NESHAP performance testing commitment.
    (52) A revision to the New Mexico SIP addressing CO for Albuquerque/
Bernalillo County was submitted by the Governor of New Mexico by letter 
dated November 5, 1992.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation 34-Woodburning, section 
34.00, ``Purpose;'' section 34.01, ``Definitions;'' section 34.02, 
``Sale of New Wood Heaters-Certification Required;'' section 34.03, 
``No-burn Periods;'' section 34.04, ``Notice Required;'' Section 34.05, 
``Exemptions;'' section 34.06, ``Visible Emissions;'' section 34.07, 
``Test Procedures;'' and section 34.08, ``Misfueling of Solid Fuel 
Heating Devices Prohibited,'' as filed with the State Records and 
Archives Center on November 27, 1991.
    (B) Albuquerque/Bernalillo County Regulation 35-Alternative Fuels, 
section 35.00, ``Purpose;'' section 35.01, ``Definitions;'' section 
35.02, ``Oxygenated Fuels;'' section 35.03, ``Oxygenated Fuels 
Procedures Manual;'' and section 35.07, ``Severability Clause,'' as 
filed with the State Records and Archives Center on June 25, 1992.
    (ii) Additional material.
    (A) November 5, 1992, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the Albuquerque/
Bernalillo County 1990 base year CO emissions inventory.
    (B) A letter dated March 22, 1993, from Sarah B. Kotchian, Director, 
Albuquerque Environmental Health Department (Department), to A. Stanley 
Meiburg, Director, Air, Pesticides and Toxics Division, EPA Region 6, in 
which the Department committed to submitting future amendments to 
Regulation 34 to correct an enforceability deficiency, and in which the 
Department committed to using only EPA approved test methods until the 
future

[[Page 558]]

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

[[Page 559]]

County Permitting Program was submitted by the Governor of New Mexico by 
cover letter dated July 22, 1993.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation Number 20-Authority-to-
Construct Permits, Section 20.00, ``Purpose;'' Section 20.01, 
``Applicability;'' Section 20.02, ``Fees for Permit Application 
Review;'' Section 20.03, ``Contents of Applications;'' Section 20.04, 
``Public Notice and Participation;'' Section 20.05, ``Permit Decisions 
and Appeals;'' Section 20.06, ``Basis for Permit Denial;'' Section 
20.07, ``Additional Legal Responsibilities on Applicants;'' Section 
20.08, ``Permit Conditions;'' Section 20.09, ``Permit Cancellation;'' 
Section 20.10, ``Permittee's Notification Obligations to the 
Department;'' Section 20.11, ``Performance Testing Following Startup;'' 
Section 20.12, ``Emergency Permits;'' Section 20.13, ``Nonattainment 
Area Requirements;'' Section 20.14, ``Definitions Specific to Authority-
to-Construct Permit Regulations;'' and Table One, ``Significant Ambient 
Concentrations,'' as filed with the State Records and Archives Center on 
February 26, 1993.
    (ii) Additional material.
    (A) The Supplement Pertaining to General New Source Review in 
Albuquerque/Bernalillo County, New Mexico, as approved by the 
Albuquerque/Bernalillo County Air Quality Control Board on May 12, 1993.
    (55)-(56) [Reserved]
    (57) A revision to the New Mexico SIP addressing CO contingency 
measures and a proposed clean fuel vehicle fleet demonstration project 
for Albuquerque/Bernalillo County, outside the boundaries of Indian 
lands, was submitted by the Governor of New Mexico by cover letter dated 
November 12, 1993.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation Number 35-Alternative 
Fuels, Section 35.02, ``Oxygenated Fuels,'' Subsection 35.02(A)(1); 
Section 35.03, ``Oxygenated Fuels Procedures Manual;'' and Section 
35.06, ``Contingency Measures,'' as filed with the State Records and 
Archives Center on November 10, 1993.
    (ii) Additional material.
    (A) November 12, 1993, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the proposed clean 
fuel vehicle fleet demonstration project.
    (58) A revision to the New Mexico State Implementation Plan (SIP) to 
include revisions to AQCRs 602, 605, 651, and 652, submitted by the 
Governor by cover letter dated January 28, 1994. The revision to AQCR 
605 consists of removing AQCR 605 from theNew Mexico SIP.
    (i) Incorporation by reference.
    (A) Revisions to New Mexico Air Quality Control Regulation 602-Coal 
Burning Equipment-Sulfur Dioxide, Section A.1, Section A.2, Section A.3, 
Section B.1, Section C.1, Section E.2.a, Section E.2.d, Section F.1.b, 
Section F.7 and Section G, as filed with the State Records and Archives 
Center on November 17, 1993.
    (B) Revisions to New Mexico Air Quality Control Regulation 651-
Sulfuric Acid Production Units-Sulfur Dioxide, Acid Mist and Visible 
Emissions, Section A, Section B, Section C, Section D, Section E, 
Section F, Section G and Section H, as filed with the State Records and 
Archives Center on November 17, 1993.
    (C) Revisions to New Mexico Air Quality Control Regulation 652-
Nonferrous Smelters-Sulfur, Section B.2, Section C.1, Section D, Section 
G, Section H, Section I, Section J, Section K and Section L, as filed 
with the State Records and Archives Center on November 17, 1993.
    (ii) Additional material.
    (A) The document entitled ``Hidalgo Smelter Sulfur Recovery 
Procedures,'' including appendix 1, ``Physical Inventory for Sulfur 
Recovery Calculations,'' and appendix 2, ``Monthly Sulfur Recovery 
Calculation.''
    (59) A revision to the New Mexico State Implementation Plan for 
Transportation Conformity: Albuquerque/Bernalillo County Air Quality 
Control Regulation (AQCR) No. 42 ``Transportation Conformity'' as 
adopted on November 9, 1994 and filed with the State Records and 
Archives Center on December 16, 1994, was submitted by the Governor on 
December 19, 1994. No action is taken on AQCR No. 42 Section 11.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
(AQCR)

[[Page 560]]

No. 42 ``Transportation Conformity'' as adopted on November 9, 1994 and 
filed with the State Records and Archives Center on December 16, 1994. 
No action is taken on AQCR No. 42 Section 11.
    (ii) Additional material. None.
    (60) A revision to the New Mexico State Implementation Plan for 
General Conformity: Albuquerque/Bernalillo County Air Quality Control 
Regulation No. 43 ``General Conformity'' as adopted on November 9, 1994, 
and filed with the State Records and Archives Center on December 16, 
1994, was submitted by the Governor on December 19, 1994.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation No. 
43 ``General Conformity'' as adopted on November 9, 1994, and filed with 
the State Records and Archives Center on December 16, 1994.
    (61) A revision to the New Mexico SIP to udpate the Supplement to 
the New Mexico State Implementation Plan to Control Air Pollution in 
Area(s) of Bernalillo County Designated Nonattainment to reflect EPA's 
approval for lifting the construction ban in Bernalillo County, 
superseding the supplement dated April 14, 1993.
    (i) Incorporation by reference.
    (A) October 12, 1994 Supplement to the New Mexico State 
Implementation Plan to Control Air Pollution in Area(s) of Bernalillo 
County Designated Nonattainment as approved by the Albuquerque/
Bernalillo County Air Quality Control Board on November 9, 1994.
    (62) The Governor of New Mexico submitted revisions to 20 New Mexico 
Administrative Code 2.74 on June 26, 1995, to incorporate changes in the 
Federal PSD permitting regulations for PM-10 increments.
    (i) Incorporation by reference.
    (A) Revisions to 20 New Mexico Administrative Code 2.74, effective 
July 20, 1995.
    (63) A revision to the New Mexico SIP approving a request for 
redesignation to attainment, a vehicle inspection and maintenance 
program, and the required maintenance plan for the Albuquerque/
Bernalillo County CO nonattainment area, submitted by the Governor on 
May 11, 1995. The 1993 emissions inventory and projections were included 
in the maintenance plan.
    (i) Incorporation by reference.
    (A) A letter from the Governor of New Mexico to EPA dated April 14, 
1995, in which the Governor requested redesignation to attainment based 
on the adopted Carbon Monoxide Redesignation Request and Maintenance 
Plan for Albuquerque/Bernalillo County New Mexico.
    (B) Albuquerque/Bernalillo County Air Quality Control Board 
Regulation No. 28, Motor Vehicle Inspection, as amended April 12, 1995 
and effective on July 1, 1995.
    (ii) Additional material. Carbon Monoxide Redesignation Request and 
Maintenance Plan for Albuquerque/Bernalillo County New Mexico, approved 
and adopted by the Air Quality Control Board on April 13, 1995.
    (64)-(65) [Reserved]
    (66) Recodified and revised regulations of the New Mexico 
Administrative Code submitted by the Governor on January 8, and July 18, 
1996.
    (i) Incorporation by reference.
    (A) New Mexico Administrative Code, Title 20, Chapter 2, Parts 1 and 
2, adopted by the New Mexico Environmental Improvement Board September 
22, 1995, and filed with the State Records and Archives Center on 
September 27, 1995.
    (B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 5, 
7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32, 
33, 34, 40, 41, 60, 61, 72 (Subparts I, II and III; Subpart V, Sections 
501 and 502), 73, 75, 79, and 80; adopted by the New Mexico 
Environmental Improvement Board on October 20, 1995, and filed with the 
State Records and Archives Center on October 30, 1995.
    (C) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
Part 3, Sections 109 and 111 and; Part 61, Section 111 and; repeal of 
Part 3, Section 112, adopted by the New Mexico Environmental Improvement 
Board December 8, 1995, and filed with the State Records and Archives 
Center on December 11, 1995.
    (D) New Mexico State Records Center transmittals repealing Air 
Quality Control Regulations 705 and 706; adopted by the New Mexico 
Environmental Improvement Board December 8, 1995;

[[Page 561]]

and filed with the State Records and Archives Center on December 11, 
1995.
    (E) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
Part 72, Section 103; adopted by the New Mexico Environmental 
Improvement Board on June, 18, 1996, and filed with the State Records 
and Archives Center on June 19, 1996.
    (ii) Additional material. None.

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

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



                           Subpart HH_New York



Sec. 52.1670  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for New York under section 110 of the Clean 
Air Act, as amended, 42 U.S.C. 7401 et seq., 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, 2011, 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 
an EPA approval date after January 1, 2011, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 2 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 
January 1, 2011.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 2, Air Programs 
Branch, 290 Broadway, New York, New York 10007; 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 New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
                                            State
       New York State regulation          effective    Latest EPA approval date              Comments
                                             date
----------------------------------------------------------------------------------------------------------------
Title 6:
    Part 200, General Provisions,             3/5/09  11/17/10, 75 FR 70140.....  The word odor is removed from
     Section 200.1.                                                                the Subpart 200.1(d)
                                                                                   definition of ``air
                                                                                   contaminant or air
                                                                                   pollutant.''
                                         ...........  ..........................  Redesignation of non-
                                                                                   attainment areas to
                                                                                   attainment areas (200.1(av))
                                                                                   does not relieve a source
                                                                                   from compliance with
                                                                                   previously applicable
                                                                                   requirements as per letter of
                                                                                   Nov. 13, 1981 from H. Hovey,
                                                                                   NYSDEC.
                                         ...........  ..........................  Changes in definitions are
                                                                                   acceptable to EPA unless a
                                                                                   previously approved
                                                                                   definition is necessary for
                                                                                   implementation of an existing
                                                                                   SIP regulation.
                                         ...........  ..........................  EPA is including the
                                                                                   definition of ``Federally
                                                                                   enforceable'' with the
                                                                                   understanding that (1) the
                                                                                   definition applies to
                                                                                   provisions of a Title V
                                                                                   permit that are correctly
                                                                                   identified as Federally
                                                                                   enforceable, and (2) a source
                                                                                   accepts operating limits and
                                                                                   conditions to lower its
                                                                                   potential to emit to become a
                                                                                   minor source, not to
                                                                                   ``avoid'' applicable
                                                                                   requirements.

[[Page 562]]

 
    Section 200.9, Table 1 (Part 231          3/5/09  11/17/10, 75 FR 70140.....  EPA is approving reference
     references).                                                                  documents that are not
                                                                                   already Federally
                                                                                   enforceable.
    Sections 200.6, 200.7 and 200.9....      2/25/00  4/22/08, 73 FR 21548......  EPA is approving reference
                                                                                   documents that are not
                                                                                   already Federally
                                                                                   enforceable.
    Part 201, Permits and Certificates.       4/4/93  10/3/05, 70 FR 57511......  This action removes subpart
                                                                                   201.5(e) from the State's
                                                                                   Federally approved SIP.
    Subpart 201-2.1(b)(21), Definitions       3/5/09  11/17/10, 75 FR 70140.....  EPA is including the
                                                                                   definition of ``Major
                                                                                   stationary source or major
                                                                                   source or major facility''
                                                                                   with the understanding that
                                                                                   the definition applies only
                                                                                   to provisions of part 231.
    Subpart 201-7.1, General...........       7/7/96  10/3/05, 70 FR 57511......
    Subpart 201-7.2, Emission Capping         7/7/96  10/3/05, 70 FR 57511......
     Using Synthetic Minor Permits.
    Part 202, Emissions Testing,             3/24/79  11/12/81, 46 FR 55690.....
     Sampling and Analytical
     Determinations.
    Subpart 202-2, Emission Statements.      5/29/05  10/31/07, 72 FR 61530.....  Section 202-2.3(c)(9) requires
                                                                                   facilities to report
                                                                                   individual HAPs that may not
                                                                                   be classified as criteria
                                                                                   pollutants or precursors to
                                                                                   assist the State in air
                                                                                   quality planning needs. EPA
                                                                                   will not take SIP-related
                                                                                   enforcement action on these
                                                                                   pollutants.
    Part 204, NOX Budget Trading             2/25/00  5/22/01, 66 FR 28063......  Incorporates NOXSIP Call and
     Program.                                                                      NOX Budget Trading Program
                                                                                   for 2003 and thereafter.
    Part 205, Architectural and               1/1/11  3/8/12, 77 FR 13974.......
     Industrial Maintenance (AIM)
     Coatings.
    Part 207, Control Measures for an        2/22/79  11/12/81, 46 FR 55690.....
     Air Pollution Episode.
    Part 211, General Prohibitions.....       1/1/11  3/8/12, 77 FR 13974.......  Section 211.1 (previously
                                                                                   numbered 211.2) is not part
                                                                                   of the approved plan. (see 11/
                                                                                   27/98, 63 FR 65559)
    Part 212, General Process Emission       9/22/94  9/25/01, 66 FR 48961......
     Sources.
    Part 213, Contaminant Emissions           5/1/72  9/22/72, 37 FR 19814......
     from Ferrous Jobbing Foundries.
    Part 214, By-Product Coke Oven           9/22/94  7/20/06, 71 FR 41163......
     Batteries.
    Part 215, Open Fires...............      6/16/72  9/22/72, 37 FR 19814......
    Part 216, Iron and/or Steel              9/22/94  7/20/06, 71 FR 41163......
     Processes.
    Part 217, Motor Vehicle Emissions..
    Subpart 217-1, Motor Vehicle             12/5/10  2/28/12, 77 FR 11742......
     Enhanced Inspection and
     Maintenance Program Requirements
     Until December 31, 2010.
    Subpart 217-4, Inspection and            12/5/10  2/28/12, 77 FR 11742......
     Maintenance Program Audits Until
     December 31, 2010.
    Subpart 217-6, Motor Vehicle             12/5/10  2/28/12, 77 FR 11742......
     Enhanced Inspection and
     Maintenance Program Requirements
     Beginning January 1, 2011.
    Part 218, Emission Standards for     ...........  ..........................  EPA's approval of part 218
     Motor Vehicles and Motor Vehicle                                              only applies to light-duty
     Engines.                                                                      vehicles.
    Subpart 218-1: Applicability and        12/28/00  1/31/05, 70 FR 4773.......
     Definitions.
    Subpart 218-2: Certification and        12/28/00  1/31/05, 70 FR 4773.......
     Prohibitions.
    Subpart 218-3: Fleet Average.......     12/28/00  1/31/05, 70 FR 4773.......
    Subpart 218-4: Zero Emissions            5/28/92  1/6/95, 60 FR 2025........
     Vehicle Sales Mandate.

[[Page 563]]

 
    Subpart 218-5: Testing.............     12/28/00  1/31/05, 70 FR 4773.......
    Subpart 218-6: Surveillance........     12/28/00  1/31/05, 70 FR 4773.......
    Subpart 218-7: Aftermarket Parts...     12/28/00  1/31/05, 70 FR 4773.......
    Subpart 218-8: Severability........     12/28/00  1/31/05, 70 FR 4773.......
    Part 219, Incinerators.............       5/1/72  9/22/72, 37 FR 19814......
    Part 220, Portland Cement Plants...      3/14/73  11/12/81, 46 FR 55690.....
    Part 222, Incinerators--New York         6/17/72  9/22/72, 37 FR 19814......
     City, Nassau and Westchester
     Counties.
    Part 223, Petroleum Refineries.....       8/9/84  7/19/85, 50 FR 29382......
    Part 224, Sulfuric and Nitric Acid       5/10/84  7/19/85, 50 FR 29382......  Variances adopted by the State
     Plants.                                                                       pursuant to Part 224.6(b)
                                                                                   become applicable only if
                                                                                   approved by EPA as SIP
                                                                                   revisions 7/19/85, 50 FR
                                                                                   29382.
    Subpart 225-1, Fuel Composition and      3/24/79  11/12/81, 46 FR 55690.....  Variances adopted by the State
     Use-Sulfur Limitations.                                                       pursuant to Sec. Sec.
                                                                                   225.2(b) and (c), 225.3, and
                                                                                   225.5(c) become applicable
                                                                                   only if approved by EPA or
                                                                                   SIP revisions (40 CFR
                                                                                   52.1675(e)).
    Subpart 225-2, Fuel Composition and      7/28/83  8/2/84, 49 FR 30936.......
     Use-Waste Fuel.
    Part 225-3, Fuel Composition and         11/4/01  9/8/05, 70 FR 53304.......  The Variance adopted by the
     Use--Gasoline.                                                                State pursuant to section 225-
                                                                                   3.5 becomes applicable only
                                                                                   if approved by EPA as a SIP
                                                                                   revision.
    Part 226, Solvent Metal Cleaning          5/7/03  1/23/04, 69 FR 3240.......
     Processes.
    Part 227, Stationary Combustion           5/1/72  9/22/72, 37 FR 19814......
     Installations [1972 version]/
     section 227.2(b)(1).
    Part 227, Stationary Combustion      ...........  ..........................  Existing Part 227 is
     Installations.                                                                renumbered Subpart 227-1.
    Subpart 227-1, Stationary                2/25/00  5/22/01, 66 FR 28063......  Renumbered sections 227-
     Combustion Installations.                                                     1.2(a)(2), 227-1.4(a), and
                                                                                   227-1.4(d) continue to be
                                                                                   disapproved according to 40
                                                                                   CFR 52.1678(d) and
                                                                                   52.1680(a). (New York
                                                                                   repealed existing Part
                                                                                   227.5.)
    Subpart 227-2, Reasonably Available      2/11/04  1/13/05, 70 FR 2358.......
     Control Technology (RACT) for
     Oxides of Nitrogen (NOX).
    Subpart 227-3, Pre-2003 Nitrogen          3/5/99  5/22/01, 66 FR 28063......  Approval of NOX Budget Trading
     Oxides Emissions Budget and                                                   Program for 1999, 2000, 2001
     Allowance Program.                                                            and 2002. NOX caps in the
                                                                                   State during 2003 and
                                                                                   thereafter established in
                                                                                   Part 204.
    Part 228, Surface Coating                9/30/10  3/8/12, 77 FR 13974.......
     Processes, Commercial and
     Industrial Adhesives, Sealants and
     Primers.
    Part 229, Petroleum and Volatile          4/4/93  12/23/97, 62 FR 67006.....  SIP revisions submitted in
     Organic Liquid Storage and                                                    accordance with Section
     Transfer.                                                                     229.3(g)(1) are effective
                                                                                   only if approved by EPA.
    Part 230, Gasoline Dispensing Sites      9/22/94  4/30/98, 63 FR 23668......
     and Transport Vehicles.
    Part 231, New Source Review for New       3/5/09  11/17/10, 75 FR 70140.....  Partial approval; no action
     and Modified Facilities.                                                      taken on provisions that may
                                                                                   require PSD permits for
                                                                                   sources of greenhouse gas
                                                                                   (GHG) emissions with
                                                                                   emissions below the
                                                                                   thresholds identified in
                                                                                   EPA's final PSD and Title V
                                                                                   GHG Tailoring Rule at 75 FR
                                                                                   31514, 31606 (June 3, 2010).
    Part 232, Dry Cleaning.............      8/11/83  6/17/85, 50 FR 25079......  EPA has not determined that
                                                                                   Sec. 232.3(a) provides for
                                                                                   reasonably available control
                                                                                   technology.
    Part 233, Pharmaceutical and              4/4/93  12/23/97, 62 FR 67006.....  SIP revisions submitted in
     Cosmetic Manufacturing Processes.                                             accordance with Section
                                                                                   223.3(h)(1) are effective
                                                                                   only if approved by EPA.

[[Page 564]]

 
    Part 234, Graphic Arts.............       7/8/10  3/8/12, 77 FR 13974.......  SIP revisions submitted in
                                                                                   accordance with Sec.
                                                                                   234.3(f) are effective only
                                                                                   if approved by EPA.
    Part 235, Consumer Products........     10/15/09  5/28/10, 75 FR 29897......
    Part 236, Synthetic Organic              1/12/92  7/27/93, 58 FR 40059......  Variances adopted by the State
     Chemical Manufacturing Facility                                               pursuant to Part 236.6(e)(3)
     Component Leaks.                                                              become applicable only if
                                                                                   approved by EPA as a SIP
                                                                                   revision.
    Part 239, Portable Fuel Container        7/30/09  5/28/10, 75 FR 29897......  The specific application of
     Spillage Control.                                                             provisions associated with
                                                                                   alternate test methods,
                                                                                   variances and innovative
                                                                                   products, must be submitted
                                                                                   to EPA as SIP revisions.
    Part 241, Asphalt Pavement and            1/1/11  3/8/1, 77 FR 13974........
     Asphalt Based Surface Coating.
    Part 243, CAIR NOX Ozone Season         10/19/07  1/24/08, 73 FR 4112.......
     Trading Program.
    Part 244, CAIR NOX Annual Trading       10/19/07  1/24/08, 73 FR 4112.......
     Program.
    Part 245, CAIR SO2Trading Program..     10/19/07  1/24/08, 73 FR 4112.......
    Part 249, Best Available Retrofit         5/6/10  8/28/12, 77 FR 51915......
     Technology (BART).
Title 15:
    Part 79, Motor Vehicle Inspection
     Regulations.
    Sections 79.1-79.15, 79.17, 79.20,      12/29/10  2/28/12, 77 FR 11742......  ..............................
     79.21, 79.24, 79.25.
Environmental Conservation Law
Section 19-0325........................      7/15/10  8/28/12, 77 FR 51915......
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State source-specific requirements.

                                EPA-Approved New York Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                      Identifier/      State effective/
         Name of source             emission point       approval date     EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
Dunlop Tire and Rubber            Green tire          Consent Order [81-  1/26/84, 49 FR      Part 212 VOC RACT
 Corporation.                      spraying, bead      36, 9-0420]--8/19/  3436.               Compliance Plan.
                                   dipping, and        81, Consent Order
                                   under tread and     Amendment
                                   tread end           letters--1/29/82
                                   cementing           and 3/3/82.
                                   processes.
Morton International Inc........  00027.............  Permit--9/1/95      9/23/97, 62 FR      Part 227-2, NOX
                                                       Special Permit      49617.              RACT
                                                       Conditions                              determination.
                                                       letter--8/23/95.
University of Rochester.........  00003 and 00005...  Permit--4/25/96     9/23/97, 62 FR      Part 227-2, NOX
                                                       Special Permit      49617.              RACT
                                                       Conditions                              determination.
                                                       letter--.
                                                      3/19/96...........
Algonquin Gas Transmission        ..................  Special             9/23/97, 62 FR      Part 227-2, NOX
 Company.                                              Conditions--9/23/   49617.              RACT
                                                       91.                                     determination.
                                  ..................  Permit Correction-- ..................
                                                       8/8/96.
                                  R0100.............  Permit--9/23/91,    ..................
                                                       Special Permit
                                                       Conditions
                                                       letter--.
                                                      3/18/96...........
                                  R0200.............  Permit--9/23/91,    ..................
                                                       Special Permit
                                                       Conditions
                                                       letter--.
                                                      3/18/96...........
                                  R0300.............  Permit--9/23/91,    ..................
                                                       Special Permit
                                                       Conditions
                                                       letter--.
                                                      3/18/96...........

[[Page 565]]

 
                                  R0400.............  Permit--9/23/91,    ..................
                                                       Special Permit
                                                       Conditions
                                                       letter--.
                                                      3/29/96,..........
Tenneco Gas Corporation's (also   ..................  ..................  7/21/03, 68 FR      Part 227-2, NOX
 known as Tenneco Gas Pipeline                                             42981.              RACT
 Company and Tennessee Gas                                                                     determination.
 Pipeline Company).
    Station 229.................  0001A through       Permits--8/22/95..  ..................
                                   0006A.
    Station 245.................  00001 through       Special Permit      ..................
                                   00006.              Conditions
                                                       letter--2/24/97.
    Station 254.................  00001 through       Permits--10/4/95    ..................
                                   00006.              Special Permit
                                                       Conditions
                                                       letter--.
                                                      9/15/95...........
General Chemical Corporation....  0SN1A and 0SN1B...  Permit conditions   7/1/04, 69 FR       Part 212, NOX RACT
                                                       letter--12/16/97.   39858.              determination. 6/
                                                                                               23/05 letter
                                                                                               informing NYDSDEC
                                                                                               that the approval
                                                                                               will
                                                                                               automatically
                                                                                               convert to a
                                                                                               disapproval.
ALCOA Massena Operations (West    Potline S-00001,    Permit ID 6-4058-   8/28/12, 77 FR      Part 249 BART.
 Plant).                           Baking furnace S-   00003, effective    51915.
                                   00002, Package      3/20/12.
                                   Boilers B-00001.
Arthur Kill Generating Station,   Boiler 30.........  Permit ID 2-6403-   8/28/12, 77 FR      Part 249 BART.
 NRG.                                                  00014, effective    51915.
                                                       3/20/12.
Bowline Generating Station,       Boilers 1 and 2...  Permit Id 3-3922-   8/28/12, 77 FR      Part 249 BART.
 GenOn.                                                00003, effective    51915.
                                                       6/28/12.
Con Edison 59th Street Station..  Steam Boilers 114   Permit Id 2-6202-   8/28/12, 77 FR      Part 249 BART.
                                   and 115.            00032, Effective    51915.
                                                       3/20/12.
EF Barrett Power Station, NG....  Boiler 2..........  Permit Id 1-2820-   8/28/12, 77 FR      Part 249 BART.
                                                       00553, effective    51915.
                                                       3/27/12.
International Paper Ticonderoga   Power Boiler and    Permit Id 5-1548-   8/28/12, 77 FR      Part 249 BART.
 Mill.                             Recovery Furnace.   00008, effective    51915.
                                                       3/19/12.
Kodak Operations at Eastman       Boilers 41, 42 and  Permit Id 8-2614-   8/28/12, 77 FR      Part 249 BART.
 Business Park, Kodak.             43.                 00205, effective    51915.
                                                       5/25/12.
Lafarge Building Materials......  Kilns 1 and 2.....  Permit Id 4-0124-   8/28/12, 77 FR      Condition 12-14.
                                                       00001 effective 7/  51915.
                                                       19/11.
Lehigh Northeast Cement, Lehigh   Kiln and Clinker    Permit Id 5-5205-   8/28/12, 77 FR      Part 220 and Part
 Cement.                           cooler.             00013, effective    51915.              249 BART.
                                                       7/5/12.
Northport Power Station, NG.....  Boilers 1, 2, 3,    Permit Id 1-4726-   8/28/12, 77 FR      Part 249 BART.
                                   and 4.              00130, effective    51915.
                                                       3/27/12.
Oswego Harbor Power, NRG........  Boilers 5 and 6...  Permit Id 7-3512-   8/28/12, 77 FR      Part 249 BART.
                                                       00030, effective    51915.
                                                       5/16/12.
Owens-Corning Insulating Systems  EU2, EU3, EU12,     Permit Id 4-0122-   8/28/12, 77 FR      Part 249 BART.
 Feura Bush, Owens Corning.        EU13, and EU14.     00004 effective 5/  51915.
                                                       18/12.

[[Page 566]]

 
Ravenswood Generating Station,    Boilers 10, 20, 30  Permit Id 2-6304-   8/28/12, 77 FR      Part 249 BART.
 TC.                                                   00024, effective    51915.
                                                       4/6/12.
Ravenswood Steam Plant, Con       Boiler 2..........  Permit Id 2-6304-   8/28/12, 77 FR      Part 249 BART.
 Edison.                                               01378 effective 3/  51915.
                                                       20/12.
Roseton Generating Station--      Boilers 1 and 2...  Permit Id 3-3346-   8/28/12, 77 FR      Excluding the SO2
 Dynegy.                                               00075 effective     51915.              BART emissions
                                                       11/02/11.                               limits for
                                                                                               Boilers 1 and 2
                                                                                               and corresponding
                                                                                               monitoring,
                                                                                               recordkeeping,
                                                                                               and reporting
                                                                                               requirements,
                                                                                               which EPA
                                                                                               disapproved.
Samuel A Carlson Generating       Boiler 12.........  Permit Id 9-0608-   8/28/12, 77 FR      Part 249 BART.
 Station, James town Board of                          00053 effective 2/  51915.
 Public Utilities.                                     8/12.
Syracuse Energy Corporation [GDF  Boiler 1..........  Permit Id 7-3132-   8/28/12, 77 FR      Part 249 BART.
 Suez].                                                00052 effective 5/  51915.
                                                       24/12.
----------------------------------------------------------------------------------------------------------------

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

                       EPA-Approved New York Nonregulatory And Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable
       Action/SIP element            geographic or          New York       EPA approval date      Explanation
                                   nonattainment area    submittal date
----------------------------------------------------------------------------------------------------------------
SIP revision for carbon monoxide  New York-Northern              8/30/99  4/19/00, 65 FR
 concerning the oxyfuel program.   New Jersey-Long                         20909.
                                   Island carbon
                                   monoxide
                                   nonattainment area.
Stage II gasoline vapor recovery  Upstate portions of            4/18/00  9/29/00, 65 FR
 comparability plan.               New York State.                         58364.
The 1990 base year emission       Areas designated                2/2/99  5/10/01, 66 FR
 inventory (Volatile organic       nonattainment for                       23851.
 compounds (VOC), Nitrogen         ozone since 1991
 oxides (NOX) and Carbon           in New York State.
 monoxide (CO)).
1996 and 1999 ozone projection    New York portion of             2/2/99  5/10/01, 66 FR
 year emission inventories.        the New York-                           23851.
                                   Northern New
                                   Jersey-Long Island
                                   1-hour ozone
                                   nonattainment area.
Photochemical assessment          New York portion of             2/2/99  5/10/01, 66 FR
 monitoring stations network.      the New York-                           23851.
                                   Northern New
                                   Jersey-Long Island
                                   1-hour ozone
                                   nonattainment area.
Enforceable commitments for       New York portion of             2/2/99  5/10/01, 66 FR
 ozone.                            the New York-                           23851.
                                   Northern New
                                   Jersey-Long Island
                                   1-hour ozone
                                   nonattainment area.
15 Percent Rate of Progress Plan  New York portion of             2/2/99  5/10/01, 66 FR
 and the 9 Percent Reasonable      the New York-                           23851.
 Further Progress Plan for ozone.  Northern New
                                   Jersey-Long Island
                                   1-hour ozone
                                   nonattainment area.
2002, 2005 and 2007 ozone         New York portion of           11/27/98  2/4/02, 67 FR 5194
 projection year emission          the New York-
 inventories.                      Northern New
                                   Jersey-Long Island
                                   1-hour ozone
                                   nonattainment area.
Reasonable Further Progress       New York portion of           11/27/98  2/4/02, 67 FR 5194
 Plans for milestone years 2002,   the New York-
 2005 and 2007 for ozone.          Northern New
                                   Jersey-Long Island
                                   1-hour ozone
                                   nonattainment area.

[[Page 567]]

 
Contingency measures for ozone..  New York portion of           11/27/98  2/4/02, 67 FR 5194
                                   the New York-
                                   Northern New
                                   Jersey-Long Island
                                   1-hour ozone
                                   nonattainment area.
Reasonably Available Control      New York portion of            10/1/01  2/4/02, 67 FR 5194
 Measure Analysis for ozone.       the New York-
                                   Northern New
                                   Jersey-Long Island
                                   1-hour ozone
                                   nonattainment area.
Attainment demonstration for      New York portion of          11/27/98,  2/4/02, 67 FR 5194
 ozone.                            the New York-       supplemented on 4/
                                   Northern New         15/99, and 4/18/
                                   Jersey-Long Island                 00
                                   1-hour ozone
                                   nonattainment area.
Enforceable commitments for       New York portion of            4/18/00  2/4/02, 67 FR 5194
 future actions associated with    the New York-
 attainment of the 1-hour ozone    Northern New
 national ambient air quality      Jersey-Long Island
 standard.                         1-hour ozone
                                   nonattainment area.
SIP revision to the carbon        Onondaga County....            6/22/04  9/8/05, 70 FR
 monoxide maintenance plan.                                                53304.
1990 and 2007 conformity          New York portion of   1/29/03, amended  9/13/05, 70 FR
 emission budgets for ozone.       the New York-                      on   53944.
                                   Northern New        6/29/03 and 1/18/
                                   Jersey-Long Island                 05
                                   1-hour ozone
                                   nonattainment area.
Revised commitment to perform a   New York portion of            1/29/03  9/13/05, 70 FR
 mid-course review for ozone.      the New York-                           53944.
                                   Northern New
                                   Jersey-Long Island
                                   1-hour ozone
                                   nonattainment area.
New York reasonably available     Statewide and to               9/1/06,  7/23/10, 75 FR
 control technology (RACT)         the New York        supplemented on 2/  43069.
 analysis for ozone.               portion of the New   8/08 and 9/16/08
                                   York-Northern New
                                   Jersey-Long
                                   Island, NY-NJ-CT
                                   and the
                                   Poughkeepsie 8-
                                   hour ozone
                                   moderate
                                   nonattainment
                                   areas.
Reasonably available control      New York portion of             2/8/08  7/23/10, 75 FR      ..................
 measure (RACM) analysis for       the New York-                           43069.
 ozone.                            Northern New
                                   Jersey-Long
                                   Island, NY-NJ-CT 8-
                                   hour ozone
                                   moderate
                                   nonattainment area.
2002 base year emissions          New York portion of           2/8/2008  August 18, 2011...
 inventory;                        the New York-            supplemented
2008 projection year emissions     Northern New        on 12/28/2009 and
 inventories;.                     Jersey-Long Island          1/26/2011
2008 motor vehicle emissions       8-hour ozone
 budgets used for planning         nonattainment area.
 purposes;.
2008 ozone reasonable further
 progress (RFP) plan; and.
2008 RFP Plan contingency
 measures..
2002 base year emissions          Poughkeepsie 8-hour           2/8/2008  August 18, 2011...
 inventory.                        ozone moderate           supplemented
                                   nonattainment area. on 12/28/2009 and
                                                               1/26/2011
2002 base year emissions          State-wide.........           2/8/2008  August 18, 2011...
 inventory.                                                 supplemented
                                                       on 12/28/2009 and
                                                               1/26/2011
Implementation Plan for Regional  Statewide..........            3/15/00  8/28/12, 77 FR      The plan is
 Haze.                                                                     51915.              approved except
                                                                                               for the BART
                                                                                               determinations
                                                                                               for Danskammer
                                                                                               Generating
                                                                                               Station Unit 4
                                                                                               and Roseton
                                                                                               Generating
                                                                                               Station Units 1
                                                                                               and 2. See 40 CFR
                                                                                               52.1686.

[[Page 568]]

 
Regional Haze plan--Fuel Oil      Statewide..........            4/16/12  8/28/12, 77 FR
 Sulfur Content.                                                           51915.
Regional Haze Plan--BART Permit   Statewide..........            4/16/12  8/28/12, 77 FR
 modifications.                                                            51915.
Regional Haze Plan--BART Permit   Statewide..........             7/2/12  8/28/12, 77 FR
 modifications.                                                            51915.
1997 8-hour Ozone--Attainment     New York portion of           2/8/2008  2/11/13, 78 FR
 Demonstration.                    the New York-                           9596.
                                   Northern New
                                   Jersey-Long
                                   Island, NY-NJ-CT 8-
                                   hour ozone
                                   moderate
                                   nonattainment area.
1997 8-hour Ozone--Attainment     Poughkeepsie 8-hour           2/8/2008  2/11/13, 78 FR
 Demonstration.                    ozone moderate                          9596.
                                   nonattainment area.
----------------------------------------------------------------------------------------------------------------


[76 FR 41707, July 15, 2011, as amended at 76 FR 51266', Aug. 19, 2011; 
77 FR 11743, Feb. 28, 2012; 77 FR 13977, Mar. 8, 2012; 77 FR 51926, Aug. 
28, 2012; 78 FR 9597, Feb. 11, 2013]

    Effective Date Note: At 78 FR 37124, June 20, 2013, Sec. 52.1670 
was amended by adding a new heading for Title 19 and a new entry for 
``Part 937, Access to Publicly Available Records'' to the table in 
paragraph (c) before the heading for ``Environmental Conservation Law;'' 
and by adding a new heading for ``Public Officers Law'' and a new entry 
for ``Section 73-a, Financial Disclosure'' to the table in paragraph (c) 
after the entry for ``Section 19-0325;'' and by adding a new entry at 
the end of the table in paragraph (e), effective July 22, 2013. For the 
convenience of the user, the added text is set forth as follows:



Sec. 52.1670  Identification of plan.

                                * * * * *

    (c) * * *

                                EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
                                               State
        New York State regulation         effective date   Latest EPA approval date            Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Title 19
    Part 937, ``Access To Publicly               8/27/12  6/20/13 [Insert FR page     Only subpart 937.1(a) is
     Available Records''.                                  citation].                  approved into the SIP and
                                                                                       is for the limited
                                                                                       purpose of satisfying
                                                                                       Clean Air Act Section
                                                                                       128(a)(2).
 
                                                  * * * * * * *
Public Officers Law
    Section 73-a, ``Financial                    8/15/11  6/20/13 [Insert FR page     Only subsections 73-a
     disclosure''.                                         citation].                  (2)(a)(i) and (ii) are
                                                                                       approved into the SIP and
                                                                                       are for the limited
                                                                                       purpose of satisfying
                                                                                       Clean Air Act Section
                                                                                       128(a)(2).
----------------------------------------------------------------------------------------------------------------

                                * * * * *

    (e) * * *

                       EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable
       Action/SIP element            geographic or    New York submittal   EPA approval date      Explanation
                                  nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 

[[Page 569]]

 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide.........  12/13/07, 10/2/08,  6/20/13 [Insert     This action
 Requirements for the 1997 8-                          3/15/10 and         page number where   addresses the
 hour ozone and the 1997 and                           supplemented on 5/  the document        following CAA
 2006 PM2.5 NAAQS.                                     23/13.              begins].            elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(i)(II) prongs
                                                                                               3 and 4, (D)(ii),
                                                                                               (E), (F), (G),
                                                                                               (H), (J), (K),
                                                                                               (L), and (M).
----------------------------------------------------------------------------------------------------------------



Sec. 52.1671  Classification of regions.

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

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


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



Sec. 52.1672  Extensions.

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

[61 FR 56900, Nov. 5, 1996]



Sec. 52.1673  Approval status.

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

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



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

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

[60 FR 4737, Jan. 24, 1995]

[[Page 570]]



Sec. 52.1675  Control strategy and regulations: Sulfur oxides.

    (a)-(c) [Reserved]
    (d) Section 225.3(e) of Subchapter A, Chapter III, Title 6 of New 
York State's Official Compilation of Codes, Rules and Regulations, is 
disapproved since it does not provide for the type of permanent control 
necessary to assure attainment and maintenance of national standards.
    (e) Any special limitation promulgated by the Commissioner under 6 
NYCRR section 225.2(b) and (c), any exception issued by the Commissioner 
under 6 NYCRR section 225.3, and any permission issued by the 
Commissioner under 6 NYCRR section 225.5(c) shall not exempt any person 
from the requirements otherwise imposed by 6 NYCRR Part 225; provided 
that the Administrator may approve such special limitation, exception or 
permission as a plan revision when the provisions of this part, section 
110 (a)(3)(A) of the Act, and 40 CFR part 51 (relating to approval of 
and revisions to State implementation plans) have been satisfied with 
respect to such special limitation, exception or permission.
    (f) The following applies to the Environmental Protection Agency's 
approval as a SIP revision of the ``special limitation'' promulgated by 
the Commissioner of the New York State Department of Environmental 
Conservation on November 20, 1979 permitting the purchase and use by the 
Consolidated Edison Company of New York, Inc. of fuel oil with a maximum 
sulfur content of 1.5 percent, by weight, at units 2 and 3 of its Arthur 
Kill generating facility on Staten Island, New York and unit 3 of its 
Ravenswood generating station in Queens, New York:
    (1) On or before the ``Date of Conversion'' indicated below, each 
``Facility'' indicated below shall combust only natural gas for the 
duration of the special limitation.

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

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

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

    (2) If any of the facilities identified in paragraph (g)(1) of this 
section, fail to meet the requirements of that paragraph, the 
Consolidated Edison Company shall not burn fuel oil with a sulfur 
content in excess of 0.30 percent, by weight. For this purpose, 
Consolidated Edison shall maintain a reserve supply of fuel oil with a 
maximum sulfur content of 0.30 percent, by weight, and shall have a 
mechanism to switch promptly to the use of such fuel oil.
    (3) EPA's approval of this revision to the New York SIP will extend 
for a period of twelve months from [August 11, 1980] or such longer 
period limited to twelve months from the date on which fuel oil with a 
sulfur content exceeding 0.30 percent, by weight, is first burned at any 
of the affected Consolidated Edison facilities. However, once the use of 
high sulfur fuel oil has commenced, failure to meet any of the 
conversion dates specified in paragraph (g)(1) of this section shall not 
extend the period of EPA approval.
    (4) On or before July 1, 1981 the Consolidated Edison Company of New 
York, Inc. shall displace the use of approximately 7.1 million gallons 
of residual oil, as projected on an annual basis, through a gas 
conversion program to be implemented within a two-

[[Page 571]]

mile radius of the Mabel Dean Bacon High School Annex monitor. Beginning 
on the first day of the month in which fuel oil with a sulfur content 
exceeding 0.30 percent, by weight, is first burned at any of the 
affected Consolidated Edison facilities and continuing for twelve months 
thereafter, the Consolidated Edison Company of New York, Inc. shall 
submit a report to the EPA, on a monthly basis, which includes, but is 
not limited to, the following information regarding this program:
    (i) The total gallonage of fuel oil capacity converted (projected to 
an annual amount) as of that date,
    (ii) The potential gallonage from sources at which conversion work 
has begun, and
    (iii) The projected gallonage from sources expected to be converted 
by July 1, 1981.
    (g) The Environmental Protection Agency has approved a New York 
State Implementation Plan revision relating to the SO2 
emission limit for units 4 and 5 of Orange and Rockland Utilities' 
Lovett generating station. The revision which allows Lovett to burn coal 
at units 4 and 5 was submitted by the New York State Department of 
Environmental Conservation (NYSDEC) on September 18, 1990, with 
additional materials submitted on April 12, 1991, and June 3, 1991. This 
action sets the emission limit applicable to the facility to 1.0 pound 
per million British thermal units (MMBtu) for units 4 and 5 if both are 
operated on coal, or to 1.5 lb/MMBtu for one unit if the other is 
operated on fuel oil, natural gas or is not operated at all, as set 
forth in the Certificates to Operate issued by NYSDEC on April 3, 1991. 
The SO2 emission limit, monitoring and recordkeeping 
requirements pertaining to the SO2 emissions are incorporated 
by reference into the Certificates to Operate.

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



Sec. 52.1676  Control strategy: Nitrogen dioxide.

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

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



Sec. 52.1677  Compliance schedules.

    (a) The requirements of Sec. 51.261 of this chapter are not met 
since the compliance schedule for Part 220 of Subchapter A, Chapter III, 
Title 6 of New York State's Official Compilation of Codes, Rules and 
Regulations, does not provide for attainment and maintenance of the 
national standards for particulate matter by the dates required by the 
Act.
    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since sections 223.1(a), 225.3(c), and 230.2(d) of Subchapter A, Chapter 
III, Title 6 of New York State's Official Compilation of Codes, Rules 
and Regulations do not require the reporting of periodic increments of 
progress toward compliance by affected sources or categories of sources.
    (c) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (d) Federal compliance schedules. (1) The owner or operator of any 
boiler or furnace of more than 250 million Btu per hour heat input 
subject to the requirements of section 225.3(c) of Subchapter A, Chapter 
III, Title 6 of New York State's official compilation of codes, rules, 
and regulations shall notify the Administrator, no later than October 1, 
1973, of his intent to utilize

[[Page 572]]

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

[[Page 573]]

    (vii) October 1, 1974--Final compliance with the low-sulfur fuel 
requirements of section 230.2(d) of Subchapter A, Chapter III, Title 6 
of New York State's official compilation of codes, rules, and 
regulations.
    (6) Any owner or operator of a stationary source subject to 
paragraph (d)(5) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Let necessary contracts for construction.
    (ii) December 31, 1973--Initiate onsite construction.
    (iii) September 1, 1974--Complete onsite construction.
    (iv) October 1, 1974--Final compliance with the requirements of 
section 230.2(d) of Subchapter A, Chapter III, Title 6 of New York 
State's official compilation of codes, rules, and regulations.
    (v) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
October 1, 1974. Ten days prior to such a test, notice must be given to 
the Administrator to afford him the opportunity to have an observer 
present.
    (7) The owner or operator of any petroleum refinery subject to the 
requirements of section 223.1(a) of Subchapter A, Chapter III, Title 6 
of New York State's official compilation of codes, rules, and 
regulations shall comply with the compliance schedule in paragraph 
(d)(8) of this section.
    (8) Any owner or operator of a petroleum refinery subject to 
paragraph (d)(7) of this section shall be subject to the following 
compliance schedule:
    (i) November 1, 1973--Submit final control plan to the 
Administrator.
    (ii) February 28, 1974--Let necessary contracts for construction or 
installation of emission control equipment.
    (iii) June 30, 1974--Initiate onsite construction or installation of 
emission control equipment.
    (iv) November 30, 1974--Complete onsite construction or installation 
of emission control equipment.
    (v) December 31, 1974--Final compliance with the requirements of 
section 223.1(a) of Subchapter A, Chapter III, Title 6 of New York 
State's official compilation of codes, rules, and regulations.
    (9) The owner or operator of any coke oven battery subject to the 
requirements of Part 214, sections 214.2 and 214.4, of Subchapter A, 
Chapter III, Title 6 of the New York State's official compilation of 
codes, rules, and regulations for a facility with an environmental 
rating B as determined by Part 212 of Subchapter A, Chapter III, Title 6 
of the New York State official compilation of codes, rules, and 
regulations, shall comply with the compliance schedule in paragraph 
(d)(10) of this section.
    (10) Any owner or operator of a coke oven battery subject to 
paragraph (d)(9) of this section shall be subject to the following 
compliance schedule:
    (i) November 1, 1973--Submit final control plan to the 
Administrator.
    (ii) February 1, 1974--Let necessary contract for construction or 
installation of control equipment.
    (iii) April 15, 1974--Initiate onsite construction or installation 
of control equipment.
    (iv) November 30, 1974--Complete onsite construction or installation 
of control equipment.
    (v) December 31, 1974--Final compliance with the requirements of 
Part 214, sections 214.2 and 214.4, of the Subchapter A, Chapter III, 
Title 6 of the New York State's official compilation of codes, rules, 
and regulations.
    (11) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (12) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.

[[Page 574]]

    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (13) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraphs (d)(2), (3), (5), (6), (8), and 
(10) of this section fails to satisfy the requirements of Sec. 51.15 
(b) and (c) of this chapter.

[37 FR 19815, Sept. 22, 1972]

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



Sec. 52.1678  Control strategy and regulations: Particulate matter.

    (a)-(c) [Reserved]
    (d) Section 227.3(a)(2) of 6 NYCRR, as submitted on August 10, 1979, 
is disapproved because it is inconsistent with 40 CFR Subpart G, Control 
strategy: Sulfur oxides and particulate matter.
    (e) 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 control available measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as the area continues to attain 
the 1997 PM2.5 NAAQS.
    (f) Determination of Attainment. EPA has determined, as of December 
31, 2012, that the New York-N. New Jersey-Long Island, NY-NJ-CT fine 
particle (PM2.5) nonattainment area has attained the 2006 
PM2.5 National Ambient Air Quality Standard. This 
determination suspends the requirements for this area to submit an 
attainment demonstration, associated reasonably control available 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long as 
the area continues to attain the 2006 PM2.5 NAAQS.

[46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40676, Nov. 7, 1986; 75 
FR 69591, Nov. 15, 2010; 77 FR 76871, Dec. 31, 2012]



Sec. 52.1679  Determinations of attainment.

    (a) Based upon EPA's review of complete, quality-assured air quality 
data for the 3-year period 2005 to 2007, EPA determined, as of June 18, 
2012, 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. Separate from and independent of 
this determination, based on 2008-2010 complete, quality-assured ozone 
monitoring data at all monitoring sites in the area, and data for 2011, 
EPA determined, as of June 18, 2012, that the NY-NJ-CT one-hour ozone 
nonattainment area met the one-hour ozone NAAQS.
    (b) Based upon EPA's review of complete, quality-assured and 
certified air quality data for the 3-year period 2007 to 2009, and data 
for 2011, EPA determined, as of June 18, 2012, that the New York-
Northern New Jersey-Long Island (NY-NJ-CT) eight-hour ozone moderate 
nonattainment area attained the 1997 eight-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 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).

[77 FR 36169, June 18, 2012]

[[Page 575]]



Sec. 52.1680  Control strategy: Monitoring and reporting.

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

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



Sec. 52.1681  Control strategy: Lead.

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

[49 FR 30939, Aug. 2, 1984]



Sec. 52.1682  Control strategy: Carbon monoxide.

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

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



Sec. 52.1683  Control strategy: Ozone.

    (a) The State of New York has certified to the satisfaction of the 
EPA that no sources are located in the nonattainment area of the State 
which are covered by the following Control Techniques Guidelines:
    (1) Natural Gas/Gasoline Processing Plants.
    (2) Air Oxidation Processes at Synthetic Organic Chemical 
Manufacturing Industries.
    (3) Manufacture of High-Density Polyethylene, Polypropylene, and 
Polystyrene Resins.
    (b)-(e) [Reserved]
    (f) Attainment Determination. (1) EPA is determining that the 1-hour 
ozone nonattainment areas in New York listed below have attained the 1-
hour ozone standard on the date listed and that the reasonable further 
progress and attainment demonstration requirements of section 182(b)(1) 
and related requirements of section 172(c)(9) (contingency measures) of 
the Clean Air Act do not apply to these areas.
    (i) Albany-Schenectady-Troy (consisting of Albany, Greene, 
Montgomery, Rensselaer, Saratoga, and Schenectady Counties) as of 
January 6, 2010.
    (ii) Buffalo-Niagara Falls (consisting of Erie and Niagara Counties) 
as of January 6, 2010.
    (iii) Essex County as of January 6, 2010.
    (iv) Jefferson County, as of January 6, 2010.
    (v) Poughkeepsie (consisting of Dutchess, and Putnam Counties and 
northern Orange County) as of January 6, 2010.
    (2) EPA is determining that the 8-hour ozone nonattainment areas in

[[Page 576]]

New York listed below have attained the 8-hour ozone standard on the 
date listed. Under the provisions of EPA's ozone implementation rule 
(see 40 CFR 51.918), this determination suspends the reasonable further 
progress and attainment demonstration requirements of section 182(b)(1) 
and related requirements of section 172(c)(9) of the Clean Air Act for 
each of these areas as long as the area does not monitor any violations 
of the 8-hour ozone standard. If a violation of the ozone NAAQS is 
monitored this determination shall no longer apply in the area where the 
violation occurs.
    (i) Albany-Schenectady-Troy (consisting of Albany, Greene, 
Montgomery, Rensselaer, Saratoga, Schenectady, and Schoharie Counties) 
as of March 25, 2008.
    (ii) Jefferson County, as of March 25, 2008.
    (iii) Rochester (consisting of Genesee, Livingston, Monroe, Ontario, 
Orleans and Wayne Counties) as of March 25, 2008.
    (iv) Buffalo-Niagara Falls (consisting of Erie and Niagara Counties) 
as of January 6, 2010.
    (v) Jamestown (consisting of Chautauqua County) as of January 6, 
2010.
    (vi) Poughkeepsie (consisting of Dutchess, Orange and Putnam 
Counties) as of January 6, 2010.
    (vii) Essex County (consisting of Whiteface Mountain) as of January 
6, 2010.
    (viii) New York-Northern New Jersey-Long Island, NY-NJ-CT, eight-
hour ozone moderate nonattainment area (consisting of the Bronx, Kings, 
Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester 
Counties) as of June 15, 2010 and data showing the area continued to 
attain through 2011.
    (g) EPA approves as a revision to the New York State Implementation 
Plan, the Stage II gasoline vapor recovery comparability plan for 
upstate portions of New York State submitted by the New York State 
Department of Environmental Conservation on April 18, 2000.
    (h)(1) The 1990 base year emission inventory as revised on February 
2, 1999 (Volatile organic compounds (VOC), Nitrogen oxides 
(NOX) and Carbon monoxide (CO) for areas designated 
nonattainment for ozone since 1991 in New York) is approved.
    (2) The 1996 and 1999 ozone projection year emission inventories 
included in New York's February 2, 1999 State Implementation Plan 
revision for the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area are approved.
    (3) [Reserved]
    (4) The photochemical assessment monitoring stations network 
included in New York's February 2, 1999 State Implementation Plan 
revision is approved.
    (5) The demonstration that emissions from growth in vehicle miles 
traveled will not increase total motor vehicle emissions and, therefore, 
offsetting measures are not necessary, which was included in New York's 
February 2, 1999 State Implementation Plan revision for the New York 
portion of the New York-Northern New Jersey-Long Island nonattainment 
area is approved.
    (6) The enforceable commitments to: participate in the consultative 
process to address regional transport; adopt additional control measures 
as necessary to attain the ozone standard, meeting rate of progress 
requirements, and eliminating significant contribution to nonattainment 
downwind; identify any reductions that are needed from upwind areas for 
the area to meet the ozone standard, included in New York's February 2, 
1999 State Implementation Plan revision for the New York portion of the 
New York-Northern New Jersey-Long Island nonattainment area are 
approved.
    (7) The 15 Percent Rate of Progress Plan and the 9 Percent 
Reasonable Further Progress Plan included in the New York's February 2, 
1999 State Implementation Plan revision for the New York portion of the 
New York-Northern New Jersey-Long Island nonattainment area are 
approved.
    (i)(1) The 2002, 2005 and 2007 ozone projection year emission 
inventories included in New York's November 27, 1998 State 
Implementation Plan revision for the New York portion of the New York-
Northern New Jersey-Long Island nonattainment area are approved.

[[Page 577]]

    (2) The Reasonable Further Progress Plans for milestone years 2002, 
2005 and 2007 included in the New York's November 27, 1998 State 
Implementation Plan revision for the New York portion of the New York-
Northern New Jersey-Long Island nonattainment area are approved.
    (3) The contingency measures included in the New York's November 27, 
1998 State Implementation Plan revision for the New York portion of the 
New York-Northern New Jersey-Long Island nonattainment area necessary to 
fulfill the RFP and attainment requirement of section 172(c)(9) of the 
CAA are approved.
    (4) [Reserved]
    (5) The Reasonably Available Control Measure Analysis for the New 
York portion of the New York-Northern New Jersey-Long Island 
nonattainment area included in New York's October 1, 2001 State 
Implementation Plan revision is approved.
    (6) The revisions to the State Implementation Plan submitted by New 
York on November 27, 1998, April 15, 1999, and April 18, 2000, are 
approved. The revisions are for the purpose of satisfying the attainment 
demonstration requirements of section 182(c)(2)(A) of the CAA for the 
New York portion of the New York-Northern New Jersey-Long Island severe 
ozone nonattainment area. The revisions establish an attainment date of 
November 15, 2007, for the New York-Northern New Jersey-Long Island 
ozone nonattainment area. The April 18, 2000, revision includes the 
following enforceable commitments for future actions associated with 
attainment of the 1-hour ozone national ambient air quality standard:
    (i) Adopt additional control measures by October 31, 2001, to meet 
that level of reductions identified by EPA for attainment of the 1-hour 
ozone standard.
    (ii) Work through the Ozone Transport Commission (OTC) to develop a 
regional strategy regarding the measures necessary to meet the 
additional reductions identified by EPA.
    (iii) Adopt and submit by October 31, 2001 intrastate measures for 
the emission reductions (Backstop) in the event the OTC process does not 
recommend measures that produce emission reductions.
    (iv) Submit revised State Implementation Plan and motor vehicle 
emissions budget by October 31, 2001 if additional adopted measures 
affect the motor vehicle emissions inventory.
    (j)(1) The 1990 and 2007 conformity emission budgets for the New 
York portion of the New York-Northern New Jersey-Long Island 
nonattainment area contained in New York's January 29, 2003 SIP 
revision, amended by New York's June 29, 2003 submittal and January 18, 
2005 comment letter.
    (2) The revised commitment to perform a mid-course review and submit 
the results by December 31, 2004 included in the January 29, 2003 SIP 
revision is approved.
    (k)(1) The September 1, 2006 New York reasonably available control 
technology (RACT) analysis plan submittal, supplemented on February 8, 
2008 and September 16, 2008, which applies to the entire State and to 
the New York portion of the New York-Northern New Jersey-Long Island, 
NY-NJ-CT and the Poughkeepsie 8-hour ozone moderate nonattainment areas 
is conditionally approved.
    (2) The moderate area reasonably available control measure (RACM) 
analysis for the New York portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT 8-hour ozone moderate nonattainment area as 
presented in the February 8, 2008 ``New York SIP for Ozone--Attainment 
Demonstration for New York Metro Area'' submittal is conditionally 
approved.
    (l)(1) The following State Implementation Plan (SIP) elements are 
approved: The 2002 base year emissions inventory, the 2008 projection 
year emissions inventories, the 2008 motor vehicle emissions budgets 
used for planning purposes, the 2008 ozone reasonable further progress 
(RFP) plan, and the 2008 RFP Plan contingency measures as they apply to 
the New York portion of the New York-Northern New Jersey-Long Island, 
NY-NJ-CT 8-hour ozone moderate nonattainment area. These elements are 
included in the package entitled ``New York SIP for Ozone-Attainment 
Demonstration

[[Page 578]]

for New York Metro Area,'' dated February 8, 2008 and supplemented on 
December 28, 2009 and January 26, 2011.
    (2) The following SIP elements are approved: The 2002 base year 
emissions inventory for the Poughkeepsie 8-hour ozone moderate 
nonattainment area and the state-wide 2002 base year emissions 
inventory. These elements are included in a package entitled, ``New York 
SIP for Ozone-Attainment Demonstration for Poughkeepsie, NY Area,'' 
dated February 8, 2008 and supplemented on December 28, 2009 and January 
26, 2011.
    (m)(1) The 1997 8-hour ozone attainment demonstration for the New 
York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
nonattainment area included in New York's February 8, 2008 State 
Implementation Plan revision is approved and satisfies the requirements 
of section 182(c)(2)(A) of the Clean Air Act.
    (2) The 1997 8-hour ozone attainment demonstration for the 
Poughkeepsie nonattainment area included in New York's February 8, 2008 
State Implementation Plan revision is approved and satisfies the 
requirements of section 182(c)(2)(A) of the Clean Air Act.

[56 FR 41463, Aug. 21, 1991]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1683, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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

    (a)(1) The owner and operator of each source and each unit located 
in the State of New York 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 New York'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 New York's SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, if, at the time of the approval of New York'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 New York 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 New York'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 New York's SIP.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this 
section, if, at the time of the approval of New York's SIP revision 
described in paragraph

[[Page 579]]

(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 48370, Aug. 8, 2011]



Sec. 52.1685  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 New York 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 New York'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 
New York's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of New York'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 48371, Aug. 8, 2011]



Sec. 52.1686  Federal Implementation Plan for Regional Haze.

    (a) Applicability. This section applies to each owner and operator 
of the following electric generating units (EGUs) in the State of New 
York: Danskammer Generating Station, Unit 4; and Roseton Generating 
Station, Units 1 and 2;
    (b) Definitions. Terms not defined below shall have the meaning 
given them in the Clean Air Act or EPA's regulations implementing the 
Clean Air Act. For purposes of this section:
    Boiler operating day means a 24-hour period between 12 midnight and 
the following midnight during which any fuel is combusted at any time in 
the EGU, boiler or emission unit. It is not necessary for fuel to be 
combusted for the entire 24-hour period.
    Continuous emission monitoring system or CEMS means the equipment 
required by this section to sample, analyze, measure, and provide, by 
means of readings recorded at least once every 15 minutes (using an 
automated data acquisition and handling system (DAHS)), a permanent 
record of SO2, NOX, and PM emissions, other 
pollutant emissions, diluent, or stack gas volumetric flow rate.
    SO2 means sulfur dioxide.
    NOX means nitrogen oxides.
    PM means particulate matter
    Owner/operator means any person who owns, leases, operates, 
controls, or supervises an EGU or boiler identified in paragraph (a) of 
this section.
    Ozone Season means the time period from May 1 through September 30 
of each year.
    Unit means any of the EGUs or boilers identified in paragraph (a) of 
this section.
    (c) Emissions limitations--(1) The owners/operators subject to this 
section shall not emit or cause to be emitted SO2, 
NOX, and PM in excess of the following limitations, averaged 
over a

[[Page 580]]

rolling 30-day period unless otherwise indicated below:

----------------------------------------------------------------------------------------------------------------
                                                                        BART controls/limits
            Facilities                BART unit   --------------------------------------------------------------
                                                           NOX                  SO2                   PM
----------------------------------------------------------------------------------------------------------------
Danskammer Generating Station--                 4  0.12 lb/MMBtu 24 hr  0.09 lb/MMBtu 24 hr  0.06 lb/MMBtu 1 hr
 Dynegy.                                            avg ozone season,    avg Compliance 7/1/  avg Compliance 7/1/
                                                    30 day avg rest of   2014.                2014.
                                                    yr Compliance 7/1/
                                                    2014.
Roseton Generating Station--                1 & 2  ...................  0.55 lb/MMBtu 24 hr  ...................
 Dynegy.                                                                 avg.
----------------------------------------------------------------------------------------------------------------

    (2) These emission limitations shall apply at all times, including 
startups, shutdowns, emergencies, and malfunctions.
    (d) Compliance date. The owners and operators subject to this 
section shall comply with the emissions limitations and other 
requirements of this section by January 1, 2014 unless otherwise 
indicated in paragraph (c) of this section.
    (e) Compliance determination using CEMS--(1) CEMS. At all times 
after the compliance date specified in paragraph (d) of this section, 
the owner/operator of each unit shall maintain, calibrate, and operate a 
CEMS, in full compliance with the requirements found at 40 CFR part 75, 
to accurately measure SO2, NOX, and PM, diluent, 
and stack gas volumetric flow rate from each unit. The CEMS shall be 
used to determine compliance with the emission limitations in paragraph 
(c) of this section for each unit.
    (2) Method. (i) For any hour in which fuel is combusted in a unit, 
the owner/operator of each unit shall calculate the hourly average 
SO2, NOX, and PM concentration in lb/MMBtu at the 
CEMS in accordance with the requirements of 40 CFR part 75. At the end 
of each boiler operating day, the owner/operator shall calculate and 
record a new average emission rate, consistent with paragraph (c) 
averaging period, in lb/MMBtu from the arithmetic average of all valid 
hourly emission rates from the CEMS for the current boiler operating 
day.
    (ii) An hourly average SO2, NOX, or PM 
emission rate in lb/MMBtu is valid only if the minimum number of data 
points, as specified in 40 CFR part 75, is acquired by the 
SO2, NOX, or PM pollutant concentration monitor 
and the diluent monitor (O2 or CO2).
    (iii) Data reported to meet the requirements of this section shall 
not include data substituted using the missing data substitution 
procedures of subpart D of 40 CFR part 75, nor shall the data have been 
bias adjusted according to the procedures of 40 CFR part 75.
    (f) Compliance determination using fuel certification--The owner or 
operator of each affected facility subject to a federally enforceable 
requirement limiting the fuel sulfur content may use fuel supplier 
certification to demonstrate compliance. Records of fuel supplier 
certification, as described under paragraphs (f)(1), (2), (3), and (4) 
of this section, as applicable, shall be maintained and reports 
submitted as required under paragraph (h). In addition to records of 
fuel supplier certifications, the report shall include a certified 
statement signed by the owner or operator of the affected facility that 
the records of fuel supplier certifications submitted represent all of 
the fuel combusted during the reporting period.
    Fuel supplier certification shall include the following information:
    (1) For distillate oil:
    (i) The name of the oil supplier;
    (ii) A statement from the oil supplier that the oil complies with 
the specifications under the definition of distillate oil in Sec. 
60.41c; and
    (iii) The sulfur content or maximum sulfur content of the oil.
    (2) For residual oil:
    (i) The name of the oil supplier;
    (ii) The location of the oil when the sample was drawn for analysis 
to determine the sulfur content of the oil, specifically including 
whether the oil was sampled as delivered to the affected facility, or 
whether the sample was

[[Page 581]]

drawn from oil in storage at the oil supplier's or oil refiner's 
facility, or other location;
    (iii) The sulfur content of the oil from which the shipment came (or 
of the shipment itself); and
    (iv) The method used to determine the sulfur content of the oil.
    (3) For coal:
    (i) The name of the coal supplier;
    (ii) The location of the coal when the sample was collected for 
analysis to determine the properties of the coal, specifically including 
whether the coal was sampled as delivered to the affected facility or 
whether the sample was collected from coal in storage at the mine, at a 
coal preparation plant, at a coal supplier's facility, or at another 
location. The certification shall include the name of the coal mine (and 
coal seam), coal storage facility, or coal preparation plant (where the 
sample was collected);
    (iii) The results of the analysis of the coal from which the 
shipment came (or of the shipment itself) including the sulfur content, 
moisture content, ash content, and heat content; and
    (iv) The methods used to determine the properties of the coal.
    (4) For other fuels:
    (i) The name of the supplier of the fuel;
    (ii) The potential sulfur emissions rate or maximum potential sulfur 
emissions rate of the fuel in nanograms per joule (ng/J) heat input; and
    (iii) The method used to determine the potential sulfur emissions 
rate of the fuel.
    (g) Compliance determination with an annual emission limit--The 
owner or operator of each affected facility subject to a federally 
enforceable requirement limiting the annual emissions shall calculate 
the annual emissions individually for each fuel combusted, as 
applicable. The annual emission limitation is determined on a 12-month 
rolling average basis with a new annual emission limitation calculated 
at the end of the calendar month, unless a different reporting period is 
identified in paragraph (c).
    (h) Recordkeeping. Owner/operator shall maintain the following 
records for at least five years:
    (1) All CEMS data, including the date, place, and time of sampling 
or measurement; parameters sampled or measured; and results.
    (2) All fuel supplier certifications and information identified in 
paragraph (f)(1), (2), (3), or (4) of this section, as applicable.
    (3) Records of quality assurance and quality control activities for 
emissions measuring systems including, but not limited to, any records 
required by 40 CFR Part 75.
    (4) Records of all major maintenance activities conducted on 
emission units, air pollution control equipment, and CEMS.
    (5) Any other records required by 40 CFR part 75.
    (i) Reporting. All reports under this section shall be submitted to 
the Director, Division of Enforcement and Compliance Assistance, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, New York, New 
York 10007-1866.
    (1) Owner/operator shall submit quarterly excess emissions reports 
no later than the 30th day following the end of each calendar quarter. 
Excess emissions means emissions that exceed the emissions limits 
specified in paragraph (c) of this section. The reports shall include 
the magnitude, date(s), and duration of each period of excess emissions, 
specific identification of each period of excess emissions that occurs 
during startups, shutdowns, and malfunctions of the unit, the nature and 
cause of any malfunction (if known), and the corrective action taken or 
preventative measures adopted.
    (2) Owner/operator shall submit quarterly CEMS performance reports, 
to include dates and duration of each period during which the CEMS was 
inoperative (except for zero and span adjustments and calibration 
checks), reason(s) why the CEMS was inoperative and steps taken to 
prevent recurrence, any CEMS repairs or adjustments, and results of any 
CEMS performance tests required by 40 CFR part 75 (Relative Accuracy 
Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).
    (3) When no excess emissions have occurred or the CEMS has not been 
inoperative, repaired, or adjusted during

[[Page 582]]

the reporting period, such information shall be stated in the report.
    (4) Owner/operator shall submit semi-annual fuel certification 
reports no later than the 30th day following the end of each six month 
period.
    (5) Owner/operator shall submit an annual emissions limitation 
calculation report no later than the 30th day following the end of the 
calendar year or quarter if a rolling average is required in paragraph 
(c).
    (j) Notifications. (1) Owner/operator shall submit notification of 
commencement of construction of any equipment which is being constructed 
to comply with the emission limits in paragraph (c) of this section.
    (2) Owner/operator shall submit semi-annual progress reports on 
construction of any such equipment.
    (3) Owner/operator shall submit notification of initial startup of 
any such equipment.
    (k) Equipment operation. At all times, owner/operator shall maintain 
each unit, including associated air pollution control equipment, in a 
manner consistent with good air pollution control practices for 
minimizing emissions.
    (l) Credible Evidence. Nothing in this section 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 requirements of this section if the appropriate performance or 
compliance test procedures or method had been performed.

[77 FR 51928, Aug. 28, 2012]



Sec. Sec. 52.1687-52.1688  [Reserved]



Sec. 52.1689  Original Identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of New York'' and all revisions submitted by New York that 
were Federally approved prior to January 1, 2011.
    (b) The plans were officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Parts 175, 176, 177, 185, 197, and 203 of New York's Code, Rules 
and Regulation submitted February 9, 1972, by the Division of Air 
Resources, New York State Department of Environmental Conservation.
    (2) Part 200 of the New York State Code and Article 9 of the New 
York City Code submitted on February 11, 1972, by the Division of Air 
Resources, New York State Department of Environmental Conservation.
    (3) Part 192 of the New York State Air Pollution Control Code 
submitted on February 14, 1972, by the Division of Air Resources, New 
York State Department of Environmental Conservation.
    (4) Miscellaneous non-regulatory additions to the plan submitted on 
March 10, 1972, by the Division of Air Resources, New York State 
Department of Environmental Conservation.
    (5) Miscellaneous non-regulatory additions to the plan for New York 
City submitted on May 19, 1972, by the Governor.
    (6) Revisions recodifying regulations 200, 201, 202, 207, 212, 215, 
219, 220, 222, 226, and 230 of New York's Code, Rules and Regulations 
submitted on May 24, 1972, by the Division of Air Resources, New York 
State Department of Environmental Conservation.
    (7) Revisions to Parts 204, 205, 214, 217, 223, 225, 227 and 230 of 
New York's Code, Rules and Regulations submitted on July 20, 1972, by 
the Governor.
    (8) Miscellaneous non-regulatory revisions to the plan submitted on 
August 3, 1972, by the Division of Air Resources, New York State 
Department of Environmental Conservation.
    (9) Revision to Part 226 of New York's Code, Rules and Regulations 
submitted on February 6, 1973, by the New York State Department of 
Environmental Conservation.
    (10) Revised air quality data for 1971 and 1972 for the Hudson 
Valley AQCR submitted on March 7, 1973, by the New York State Department 
of Environmental Conservation.
    (11) Revision to the photochemical oxidant and carbon monoxide 
control strategy for New Jersey-New York-Connecticut AQCR submitted on 
April 17, 1973, by the Governor.
    (12) Miscellaneous non-regulatory revisions to the plan submitted on 
April 19, 1973, by the Division of Air Resources, New York State 
Department of Environmental Conservation.

[[Page 583]]

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

[[Page 584]]

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

[[Page 585]]

Plan--Capital District and Town of Catskill,'' submitted on March 19, 
1979, by the New York State Department of Environmental Conservation.
    (44) Supplementary submittals of SIP revision information from the 
New York State Department of Environmental Conservation, insofar as they 
deal with all provisions except those for attainment of particulate 
matter standards in the Niagara Frontier Air Quality Control Region, 
dated:
    (i) May 23, 1979, dealing with new source review and growth tracking 
provisions, adoption of proposed regulations, schedule for hydrocarbon 
emissions inventory improvements, identification of resources necessary 
to carry out the SIP, schedule for development of a public participation 
program, schedule for development of transportation planning process 
improvements, the need for an 18-month extension for the City of 
Syracuse and Village of Solvay, demonstration of control strategy 
adequacy for the area addressed by the Capital District and Town of 
Catskill plan revision document, compliance schedules for two facilities 
in the Hudson Valley Air Quality Control Region, and development of a 
local government consultation program in Jamestown, New York.
    (ii) May 31, 1979, dealing with adoption of proposed regulations, 
hydrocarbon emission inventory improvements, schedule for development of 
transportation planning process improvements, and compliance schedules 
for two facilities in the Hudson Valley Air Quality Control Region.
    (iii) June 12, 1979, providing a final draft of the proposed 
regulations, information on the compliance schedule for a facility in 
the Hudson Valley Air Quality Control Region, and general information on 
development of compliance schedules. The proposed regulations to be 
incorporated in Title 6 of the New York Code of Rules and Regulations 
are as follows:
    (A) Part 200, General Provisions (revision);
    (B) Part 211, General Prohibitions (revision);
    (C) Part 212, Process and Exhaust and/or Ventilation Systems 
(revision);
    (D) Part 223, Petroleum Refineries (revision);
    (E) Part 226, Solvent Metal Cleaning Processes (new);
    (F) Part 228, Surface Coating Processes (new);
    (G) Part 229, Gasoline Storage and Transfer (new); and
    (H) Part 231, Major Facilities.
    (iv) June 18, 1979, dealing with new source review provisions, 
general information on development of compliance schedules, and adoption 
of proposed regulations.
    (v) August 10, 1979, providing a comprehensive set of adopted 
regulations.
    (vi) September 26, 1979, providing additional information regarding 
the EPA notice of proposed rulemaking (44 FR 44556, July 30, 1979) which 
deals with the adoption of regulations for control of volatile organic 
compound sources for source categories addressed by Control Technology 
Guideline documents issued subsequent to December 1977, regulatory 
revisions to 6 NYCRR Parts 211 and 229, the transportation planning 
process, emissions inventory improvements, new source review procedures, 
public participation and local government consultation programs, and 
adoption of regulations.
    (vii) October 1, 1979, dealing with new source review procedures.
    (viii) November 13, 1979, providing a ``declaratory ruling'' 
regarding interpretation of the provisions of 6 NYCRR Part 231 in 
implementing the new source review program.
    (ix) November 14, 1979, providing supplemental documentation on the 
administrative process of revising regulations.
    (x) February 20, 1980, dealing with public hearings to revise Parts 
229 and 231 of 6 NYCRR consistent with corrective action indicated by 
EPA.
    (45) Revision submitted on October 24, 1979, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under Part 225. This ``special limitation'' relaxes, until 
(three years from the date of publication), the sulfur in fuel oil 
limitation to 1.0 percent, by weight, for the Long Island Lighting 
Company's Glenwood Generating Station (Units 4 and 5), and 1.54 percent, 
by weight, for its E. F. Barrett Generating Station (Units 1 and 2).

[[Page 586]]

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

submitted on May 24, 1979, by the New York State Department of 
Environmental Conservation.
    (47) A document entitled, ``New York State Air Quality 
Implementation Plan--Statewide Summary and Program,'' submitted on 
September 10, 1979, by the New York State Department of Environmental 
Conservation.
    (48) Supplementary submittals of information from the New York State 
Department of Environmental Conservation regarding the New Jersey-New 
York-Connecticut Air Quality Control Region SIP revisions, dated:
    (i) June 26, 1979, dealing with control of storage tanks at gasoline 
stations in Nassau, Rockland, Suffolk, and Westchester Counties.
    (ii) July 30, 1979, dealing with new source review provisions for 
major sources of volatile organic compounds.
    (iii) August 20, 1979, providing a commitment to meet ``annual 
reporting requirements.''
    (iv) January 11, 1980, dealing with changes to the State's schedule 
for implementing a light duty vehicle inspection and maintenance 
program.
    (v) March 12, 1980, providing a memorandum of understanding among 
the New York State Department of Environmental Conservation, New York 
State Department of Transportation, and the Tri-State Regional Planning 
Commission.
    (49) Supplementary submittals of information from the Governor's 
Office regarding the New Jersey-New York-Connecticut Air Quality Control 
Region SIP revision, dated:
    (i) August 6, 1979, dealing with the status of efforts to develop 
necessary legislation for implementing a light duty vehicle inspection 
and maintenance program.
    (ii) November 5, 1979, providing the State's legal authority and a 
schedule for implementing a light duty vehicle inspection and 
maintenance program.
    (iii) February 6, 1980, committing to providing additional 
information on systematic studies of transportation measures, committing 
to clarification of SIP commitments, and providing additional 
information on the State's light duty vehicle inspection and maintenance 
program.
    (50) Supplementary information, submitted by the New York State 
Department of Transportation on October 17, 1979, providing 
clarification to ``reasonably available control measures'' commitments 
contained in the New Jersey-New York-Connecticut Air Quality Control 
Region SIP revision.
    (51) Revision submitted on January 29, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under 6 NYCRR Part 225. This ``special limitation'' 
relaxes, until [three years from the date of publication], the sulfur-
in-fuel-oil limitation to 0.60 percent, by weight, for Orange and 
Rockland Utilities', Inc. Bowline Point Generating Station, units 1 and 
2, Haverstraw, New York.
    (52) Revisions to Parts 229 and 231 of Title 6, New York Code of 
Rules and Regulations, submitted on May 1, 1980, by the New York State 
Department of Environmental Conservation.
    (53) Revision submitted on November 29, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under 6 NYCRR Part 225. This ``special limitation'' 
relaxes, until one year from [the date of publication], the sulfur-in-
fuel-oil limitation to 1.5 percent, by weight, for the Consolidated 
Edison Company of New York, Inc. Arthur Kill generating facility, units 
2 and 3, Staten Island, New York and Ravenswood generating facility, 
unit 3, Queens, New York.
    (54) A document entitled, ``New York State Air Quality 
Implementation Plan--Niagara Frontier, Erie and Niagara Counties,'' 
submitted on May 31, 1979, by the New York State Department of 
Environmental Conservation.

[[Page 587]]

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

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

    (61) A supplemental submittal entitled ``New York State Air Quality 
Implementation Plan, the Moynihan/Holtzman Amendment Submission: Transit 
Improvements in the New York City Metropolitan Area, May 1979,'' 
submitted on May 24, 1979, by the New York State Department of 
Environmental Conservation.
    (62) [Reserved]
    (63) Revision submitted on April 29, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' establishing, until three years from September 24, 1981, a 
sulfur-in-fuel-oil limitation of 2.8 percent, by weight, for the Long 
Island Lighting Company's Northport generating facility, units 1,

[[Page 588]]

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

[[Page 589]]

on July 1, 1982, August 3, 1982, July 25, 1983, February 7, 15, 17, 
1984, and October 1, 17, 1984, November 30, 1984, January 4, and 30, 
1985, and March 6, 1985, by the Governor of New York State and by the 
New York State Department of Environmental Conservation.
    (73) Revision to the New York State Implementation Plan submitted by 
the New York State Department of Environmental Conservation on June 7 
and October 14, 1982, to allow Orange and Rockland Utilities, Inc. to 
reconvert its Lovett Generating Station in Stony Point from oil to coal. 
This action grants the utility a ``special limitation'' under Part 225 
to relax the existing emission limit for coal burning from 0.4 pounds of 
sulfur dioxide per million British thermal units (1b/MMBtu) to 1.0 lb/
MMBtu for units 4 and 5 if both are operated on coal, or to 1.5 lb/MMBtu 
for one unit if the other is operated on fuel oil, natural gas, or is 
not operated. A letter dated September 5, 1984, from Orange and Rockland 
Utilities, Inc., committing to meet the terms and conditions of EPA's 
August 30, 1984, letter.
    (74) Regulatory information submitted by New York State Department 
of Environmental Conservation for controlling various pollutants and 
establishing continuous emission monitoring requirements for sulfuric 
and nitric acid plants, dated December 27, 1984, providing adopted 
revisions to regulations Parts 201, 212, 223 and 224.
    (75) A revision to the New York State Implementation Plan for 
attainment and maintenance of the ozone standards was submitted on 
January 2, 1986, by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference.
    (A) Part 217, ``Emissions from Motor Vehicles Propelled by Gasoline 
Engines,'' effective January 29, 1986.
    (76) [Reserved]
    (77) Revisions to the State Implementation Plan submitted by New 
York State Department of Environmental Conservation for controlling 
volatile organic compounds.
    (i) Incorporation by reference. Adopted regulations Parts 200, 229, 
and 230, submitted on March 15, 1985.
    (ii) Additional material.
    (A) Letters dated December 31, 1984, and March 15, 1985, concerning 
SIP commitments for ``Reevaluation of RACT,'' and ``Controls at Major 
Facilities,'' respectively.
    (B) Letters dated November 2, 1984, and April 3, 1987, concerning 
the manufacture of high-density polyethylene, polypropylene, and 
polystrene resins.
    (78) A revision to the New York State Implementation Plan was 
submitted on November 6, 1987, and February 17, 1988, by the New York 
State Department of Environmental Conservation.
    (i) Incorporation by reference.
    (A) Operating Permit number A551800097900017 for Polychrome 
Corporation effective January 29, 1988, submitted by the New York State 
Department of Environmental Conservation.
    (ii) Additional material.
    (79) Revisions to the New York State Implementation Plan (SIP) for 
ozone submitted on January 31, 1989, and March 13, 1989, by the New York 
State Department of Environmental Conservation (NYSDEC) for its state 
gasoline volatility control program, including any waivers under the 
program that New York may grant. In 1989, the control period will begin 
on June 30.
    (i) Incorporation by reference. Subpart 225-3 of Title 6 of the 
Official Compilation of Codes, Rules and Regulations of the State of New 
York entitled ``Fuel Composition and Use--Volatile Motor Fuels,'' 
adopted on December 5, 1988, and effective on January 4, 1989.
    (ii) Additional material. April 27, 1989, letter from Thomas 
Jorling, NYSDEC, to William Muszynski, EPA Region II.
    (80) Revisions to the New York State Implementation Plan (SIP) for 
ozone submitted on July 9, 1987, and April 8, 1988, by the New York 
State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference. Amendments to part 230, title 6 of 
the New York Code of Rules and Regulations entitled ``Gasoline 
Dispensing Sites and Transport Vehicles,'' adopted on March 2, 1988.
    (ii) Additional material.
    (A) Explanation of Stage II Applicability Cut-offs, prepared by the 
NYSDEC, dated June 20, 1986.

[[Page 590]]

    (B) NYSDEC testing procedures for Stage II Vapor Recovery Systems.
    (81) [Reserved]
    (82) Revisions to the New York State Implementation Plan (SIP) for 
total suspended particulates in the Niagara Frontier area, dated January 
5, 1987, submitted by the New York State Department of Environmental 
Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Part 214 of title 6 of the Official Compilation of Codes, Rules, 
and Regulations of the State of New York, entitled ``Byproduct Coke Oven 
Batteries,'' adopted on April 23, 1984, and effective May 23, 1984.
    (B) Part 216 of title 6 of the Official Compilation of Codes, Rules, 
and Regulations of the State of New York, entitled ``Iron And/Or Steel 
Processes,'' adopted on April 23, 1984, and effective on May 23, 1984.
    (C) Consent Order No. 84-135, dated October 29, 1984, between NYSDEC 
and the Bethlehem Steel Corporation.
    (D) Consent Order No. 84-131, dated October 18, 1984, between NYSDEC 
and the Bethlehem Steel Corporation.
    (E) May 24, 1985, letter from Peter J. Burke, NYSDEC, to W.T. 
Birmingham, Bethlehem Steel Corporation, revising Consent Order No. 84-
131.
    (F) Test procedures for particulate matter source emissions testing 
at Bethenergy's Lackawanna Coke Oven Batteries 7, 8, and 9, prepared by 
SENES Consultants Limited, dated January 14, 1988.
    (ii) Additional material.
    (A) January 5, 1987, letter from Harry H. Hovey, Jr., NYSDEC, to 
Raymond Werner, EPA, providing an attainment and maintenance 
demonstration for TSP in the South Buffalo-Lackawanna area and 
requesting its inclusion as part of the TSP SIP for the Niagara 
Frontier.
    (B) August 21, 1987, letter from Edward Davis, NYSDEC, to William S. 
Baker, EPA, responding to July 27, 1987, letter from EPA requesting 
additional information needed for the review of Niagara Frontier TSP SIP 
request.
    (C) June 20, 1988, letter from Edward Davis, NYSDEC, to William S. 
Baker, EPA, responding to May 19, 1988, letter from EPA requesting 
additional information on test procedures for Bethenergy's Lackawanna 
Coke Oven Batteries.
    (83) A revision submitted on September 18, 1990, with additional 
materials submitted on April 12, 1991, and June 3, 1991, by the New York 
State Department of Environmental Conservation that revises the 
SO2 emission limit for units 4 and 5 of Orange and Rockland 
Utilities' Lovett Generating Station.
    (i) Incorporation by reference. Sulfur dioxide emission limits 
incorporated into the Certificates to Operate units 4 and 5 of the 
Orange and Rockland Utilities' (ORU) Lovett Generating Station issued 
April 3, 1991, and the materials which pertain to the SO2 
emission limits, monitoring and recordkeeping which are incorporated by 
reference into the Certificates to Operate for units 4 & 5. This 
includes the following:
    (A) The special conditions attached to certificates;
    (B) April 13, 1982, Decision of the Commissioner; and
    (C) October 14, 1982, Amended Commissioner's Order.
    (ii) Additional materials.
    (A) Lovett Generating Station Model Evaluation Study, May 1989,
    (B) Lovett Generating Station Emission Limitation Study, May 1989,
    (C) Review of Orange and Rockland Model Evaluation Study and 
Emission Limitation Study for Lovett Facility for Units 4 & 5, January 
27, 1990, and
    (D) Lovett Generating Station Air Quality and Meteorological 
Monitoring Network Quarterly Reports.
    (84) A revision to the New York State Implementation Plan (SIP) for 
attainment and maintenance of the ozone standard dated January 8, 1992, 
submitted by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference.
    (A) Amendments to Part 200 of Title 6 of the Official Compilation of 
Codes, Rules, and Regulations of the State of New York, entitled 
``General Provisions'' adopted on December 3, 1991, and effective 
January 16, 1992.
    (B) New Part 236 of Title 6 of the Official Compilation of Codes, 
Rules, and Regulations of the State of New York, entitled ``Synthetic 
Organic Chemical Manufacturing Facility Component

[[Page 591]]

Leaks'' adopted on December 16, 1991, and effective January 16, 1992.
    (ii) Additional material.
    (A) January 8, 1992, letter from Thomas Allen, to Conrad Simon, EPA, 
requesting EPA approval of the amendments to Parts 200 and 236.
    (85) Revisions to the New York State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from surface 
coating and graphic arts sources, dated October 14, 1988, December 5, 
1988, and May 2, 1989, submitted by the New York State Department of 
Environmental Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Amendments to Title 6 of the New York Code of Rules and 
Regulations (NYCRR) Part 228 ``Surface Coating Processes,'' effective 
September 15, 1988, and Part 234 ``Graphic Arts,'' effective September 
15, 1988
    (ii) Additional material.
    (A) May 2, 1989 letter from Thomas C. Jorling, NYSDEC, to Conrad 
Simon, EPA, requesting EPA substitute controls in Parts 228 and 234 for 
controls committed to be included in Part 212, Processes & Exhaust and/
or Ventilation Systems.
    (86) Revision to the state implementation plan for Onondaga County 
was submitted by the Governor on November 13, 1992. Revisions include a 
maintenance plan which demonstrates continued attainment of the NAAQS 
for carbon monoxide through the year 2003.
    (i) Incorporation by reference.
    (A) Maintenance Plan--Chapter 8 of New York State Implementation 
Plan Redesignation Request for Onondaga County as Attainment for Carbon 
Monoxide, November 1992.
    (ii) Additional information.
    (A) New York State Implementation Plan--Redesignation Request for 
Onondaga County as Attainment for Carbon Monoxide, November 1992.
    (B) January 12, 1993, letter from Thomas M. Allen, NYSDEC to Conrad 
Simon, EPA, providing the results of the public hearing on the State's 
proposal.
    (C) January 12, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad 
Simon, EPA, providing documentation of emission inventory submitted on 
November 13, 1992.
    (D) June 18, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad 
Simon, EPA, correcting submitted material.
    (87) A revision to the New York State Implementation Plan (SIP) for 
attainment and maintenance of the ozone standard dated October 14, 1988, 
submitted by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference:
    (A) New part 205 of title 6 of the New York Code of Rules and 
Regulations of the State of New York, entitled ``Architectural Surface 
Coatings,'' effective on September 15, 1988.
    (ii) Additional material.
    (A) December 5, 1988 letter from Thomas Allen, to Conrad Simon, EPA, 
requesting EPA approval of the amendments to part 205.
    (88) Revision to the New York State Implementation Plan (SIP) for 
ozone, submitting a low emission vehicle program for a portion of the 
Clean Fuel Fleet program, dated May 15, 1994 and August 9, 1994 
submitted by the New York State Department of Environmental Conservation 
(NYSDEC).
    (i) Incorporation by reference. Part 218, ``Emission Standards for 
Motor Vehicles and Motor Vehicle Engines,'' effective May 28, 1992.
    (ii) Additional material.
    (A) May 1994 NYSDEC Clean Fuel Fleet Program description.
    (89) Revisions to the New York State Implementation Plan (SIP) for 
carbon monoxide concerning the control of carbon monoxide from mobile 
sources, dated November 13, 1992 and March 21, 1994 submitted by the New 
York State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Subpart 225-3 of Title 6 of the New York Code of Rules and 
Regulations of the State of New York, entitled ``Fuel Composition and 
Use--Gasoline,'' effective September 2, 1993 (as limited in section 
1679).
    (ii) Additional material.
    (A) March 21, 1994, Update to the New York Carbon Monoxide SIP.
    (90) [Reserved]
    (91) Revisions to the State Implementation Plan submitted by the New 
York State Department of Environmental Conservation on February 22, 
1996, June 21, 1996 and June 25, 1996.

[[Page 592]]

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

[[Page 593]]

the purpose of establishing an emission trade to be consistent with 
Subpart 227-2:
    (1) Niagara Mohawk Power Corporation's system-wide utility boilers; 
New York special permit conditions and approval letter dated December 
14, 1995.
    (2) Champion International Corporation's two coal-fired boilers, 
Units 1 and 2, Jefferson County; New York special permit conditions and 
approval letter dated December 2, 1997.
    (ii) Additional information:
    (A) Documentation and information to support the emission trade in 
three letters addressed to EPA from the New York State Department of 
Environmental Conservation and dated as follows:
    (1) April 9, 1996 to Mr. Conrad Simon, Director of Air and Waste 
Management Division from Deputy Commissioner David Sterman for a SIP 
revision for Niagara Mohawk Power Corporation and Champion International 
Corporation.
    (2) October 17, 1996 letter to Mr. Ted Gardella, EPA from Mr. 
Patrick Lentlie, supplementing the SIP revision with the special permit 
condition approval letters.
    (3) February 2, 1998 letter to Mr. Ronald Borsellino, Chief of the 
Air Programs Branch from Mr. Patrick Lentlie, supplementing the SIP 
revision with the amended special permit conditions for Champion 
International Corporation.
    (95) A revision to the State Implementation Plan submitted on April 
29, 1999 by the New York State Department of Environmental Conservation 
that establishes the NOX Budget Trading Program.
    (i) Incorporation by reference:
    (A) Regulation Subpart 227-3 of Title 6 of the New York Code of 
Rules and Regulations, entitled ``Pre-2003 Nitrogen Oxides Emissions 
Budget and Allowance Program'' adopted on January 12, 1999, and 
effective on March 5, 1999.
    (B) Amendments to Title 6 of the New York Code of Rules and 
Regulations, Part 200, ``General Provisions,'' Subpart 227-1, 
``Stationary Combustion Installations,'' and Subpart 227-2, ``Reasonably 
Available Control Technology (RACT) for Oxides of Nitrogen 
(NOX)'' adopted on January 12, 1999, and effective on March 
5, 1999.
    (ii) Additional information:
    (A) Letter from the New York Department of Environmental 
Conservation dated April 29, 1999, submitting the NOX Budget 
Trading Program as a revision to the New York State Implementation Plan 
for ozone.
    (B) Guidance for Implementation of Emissions Monitoring Requirements 
for the NOX Budget Program, dated January 28, 1997.
    (C) NOX Budget Program Monitoring Certification and 
Reporting Requirements, dated July 3, 1997.
    (D) Electronic Data Reporting, Acid Rain/NOX Budget 
Program, dated July 3, 1997.
    (96) Revisions to the New York State Implementation Plan (SIP) for 
carbon monoxide concerning the oxyfuel program, dated August 30, 1999, 
submitted by the New York State Department of Environmental Conservation 
(NYSDEC).
    (97) Revisions to the State Implementation Plan submitted on January 
20, 1994 and April 29, 1999 by the New York State Department of 
Environmental Conservation that establishes NOX RACT 
requirements Statewide for combustion sources.
    (i) Incorporation by reference:
    (A) Regulation Subpart 227-2 of Title 6 of the New York Code of 
Rules and Regulations, entitled ``Reasonably Available Control 
Technology (RACT) for Oxides of Nitrogen (NOX)'' adopted on 
January 19, 1994, and effective on February 18, 1994.
    (B) Amendments to Subpart 227-2 adopted on January 12, 1999 and 
effective on March 5, 1999.
    (ii) Additional information
    (A) Letters from the New York State Department of Environmental 
Department Conservation dated January 20, 1994 and April 29, 1999, 
submitting the NOX RACT Regulation and amendments as 
revisions to the New York State Implementation Plan for ozone.
    (B) Letter from the New York State Department of Environmental 
Department Conservation dated April 27, 1999 submitting an analysis of 
mass NOX emissions from generic sources throughout the State 
as well as resolution of other approvability issues.

[[Page 594]]

    (98) [Reserved]
    (99) Revisions to the New York State Implementation Plan (SIP) for 
the Motor Vehicle Inspection and Maintenance Program, submitted on March 
6, 1996, May 24, 1999, October 7, 1999, October 29, 1999, and May 22, 
2000 by the New York State Department of Environmental Conservation.
    (i) Incorporation by reference. Revision to 6NYCRR Part 217, Motor 
Vehicle Emissions, Subparts 217-1, 217-2, and 217-4, that became 
effective on May 22, 1997 and revisions to 15NYCRR Part 79, Motor 
Vehicle Inspection, Sections 79.1-79.15, 79.17, 79.20, 79.21, 79.24-
79.26, that became effective on June 4, 1997.
    (ii) Additional material:
    (A) March 6, 1996, submittal of revisions to the enhanced motor 
vehicle inspection and maintenance program.
    (B) May 24, 1999, submittal of the demonstration of the 
effectiveness of New York's decentralized inspection and maintenance 
program network.
    (C) October 7, 1999, supplemental submittal of the demonstration of 
the effectiveness of New York's decentralized inspection and maintenance 
program network.
    (D) October 29, 1999, letter clarifying October 7, 1999, 
supplemental submittal.
    (E) May 22, 2000, Instrumentation/Protocol Assessment Pilot Study 
analysis of the NYTEST.
    (100) Revisions to the State Implementation Plan submitted on April 
3, 2000, April 18, 2000 and as supplemented on May 16, 2000 by the New 
York State Department of Environmental Conservation that establishes the 
NOX Budget Trading Program, a 2007 Statewide NOX 
emissions budget, and a commitment by New York to comply with the Sec. 
51.122 reporting requirements.
    (i) Incorporation by reference:
    (A) Regulation Part 204 of Title 6 of the New York Code of Rules and 
Regulations, entitled ``NOX Budget Trading Program,'' adopted 
on January 18, 2000 and effective on February 25, 2000.
    (B) Amendments to Title 6 of the New York Code of Rules and 
Regulations, Part 200, ``General Provisions,'' Subpart 227-1, 
``Stationary Combustion Installations,'' and Subpart 227-2, ``Reasonably 
Available Control Technology (RACT) for Oxides of Nitrogen ( 
NOX)'' adopted on January 18, 2000 and effective on February 
25, 2000.
    (ii) Additional material:
    (A) Letter from New York State Department of Environmental 
Conservation dated April 3, 2000, requesting EPA approval of the 
NOX Budget Trading Program as a revision to the New York 
State Implementation Plan for ozone.
    (B) Letter from New York State Department of Environmental 
Conservation dated April 18, 2000, requesting EPA approval of the Oxides 
of Nitrogen ( NOX) SIP, entitled ``New York State 
Implementation Plan For Ozone; Meeting The Statewide Oxides of Nitrogen 
( NOX) Budget Requirements Contained In The NOX 
SIP Call (63 FR 57356, October 27, 1998),'' as a revision to the New 
York State Implementation Plan for ozone.
    (C) Letter from New York State Department of Environmental 
Conservation dated May 16, 2000, transmitting supplemental information 
to the Oxides of Nitrogen ( NOX) SIP submitted on April 18, 
2000.
    (101) Revisions to the State Implementation Plan submitted on July 
8, 1994 by the New York State Department of Environmental Conservation 
that establishes VOC and NOX Reasonably Available Control 
Technology requirements statewide for general process emission sources.
    (i) Incorporation by reference:
    (A) Regulation Part 212 of Title 6 of the New York Code of Rules and 
Regulations, entitled ``General Process Emission Sources'' filed on 
August 23, 1994 and effective on September 22, 1994.
    (ii) Additional information.
    (A) Letter from the New York State Department of Environmental 
Conservation dated July 8, 1994, submitting the Part 212 Regulation and 
amendments as revisions to the New York State Implementation Plan for 
ozone.
    (B) Letter from the New York State Department of Environmental 
Department Conservation dated August 31, 2001 submitting an analysis of 
mass NOX emissions from generic sources throughout the State.
    (C) Letter from the New York State Department of Environmental 
Conservation dated July 11, 2001 affirming

[[Page 595]]

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

[[Page 596]]

    (A) April 12, 2000, SIP revision,
    (B) May 12, 2000, May 16, 2000, October 10, 2002, and February 24, 
2003, supplemental information to the SIP revision,
    (C) May 7, 2004, commitment letter from New York.
    (105) Revisions to the State Implementation Plan submitted on 
November 4, 2003 and supplemented on November 21, 2003, by the New York 
State Department of Environmental Conservation, which consists of a 
control strategy that will achieve volatile organic compound emission 
reductions that will help achieve attainment of the national ambient air 
quality standard for ozone.
    (i) Incorporation by reference:
    (A) Regulation Part 205, ``Architectural and Industrial Maintenance 
Coatings.'' of title 6 of the New York Code of Rules and Regulations, 
filed on October 23, 2003, and effective on November 22, 2003.
    (106) Revisions to the State Implementation Plan submitted on 
February 18, 2004, by the New York State Department of Environmental 
Conservation which consists of control measures that will achieve 
reductions in NOX emissions from stationary combustion 
sources that will help achieve attainment of the national ambient air 
quality standard for ozone.
    (i) Incorporation by reference:
    (A) Regulation subpart 227-2 ``Reasonably Available Control 
Technology (RACT) for Oxides of Nitrogen (NOX)'' of part 227 
``Stationary Combustion Installations'' of title 6 of the Official 
Compilation of Codes, Rules and Regulations of the State of New York 
(6NYCRR), filed on January 12, 2004, and effective on February 11, 2004.
    (107) Revisions to the State Implementation Plan submitted on 
December 9, 2002, by the New York State Department of Environmental 
Conservation which consists of the adoption of California's second 
generation Low Emissions Vehicle (LEV) program.
    (i) Incorporation by reference.
    (A) Regulation part 218 ``Emissions Standards for Motor Vehicles and 
Motor Vehicle Engines'' of Title 6 of the Official Compilation of Codes, 
Rules and Regulations of the State of New York (6NYCRR), part 218, 
subparts 218-1, 218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 filed on 
November 28, 2000 and effective on December 28, 2000.
    (108) Revisions to the State Implementation Plan submitted on June 
22, 2004, by the New York State Department of Environmental 
Conservation, which consists of a revision to the carbon monoxide 
maintenance plan for Onondaga County.
    (i) Incorporation by reference:
    (A) Regulation Part 225-3, ``Fuel Composition and Use--Gasoline.'' 
of Title 6 of the New York Code of Rules and Regulations, filed on 
October 5, 2001, and effective on November 4, 2001.
    (109) Revisions to the State Implementation Plan submitted on June 
16, 1996 and May 27, 2005, by the New York State Department of 
Environmental Conservation, which consist of administrative changes to 
Title 6 of the New York Code, Rules and Regulations, Part 201, ``Permits 
and Certificates.''
    (i) Incorporation by reference:
    (A) Regulations Subparts 201-7.1, ``General'' and 201-7.2, 
``Emission Capping Using Synthetic Minor Permits'' of Part 201-7, 
``Federally Enforceable Emission Caps'' of Title 6 of the New York Code 
of Rules and Regulations (NYCRR), filed on June 7, 1996, and effective 
on July 7, 1996.
    (110) Revisions to the State Implementation Plan submitted on July 
8, 1994, by the New York State Department of Environmental Conservation 
(NYSDEC), which consisted of amendments to Title 6 of the New York 
Codes, Rules and Regulations (NYCRR) Parts 214, ``Byproduct Coke Oven 
Batteries,'' and 216, ``Iron and/or Steel Processes.''
    (i) Incorporation by reference:
    (A) Regulations Part 214, ``Byproduct Coke Oven Batteries,'' and 
Part 216, ``Iron and/or Steel Processes'' of Title 6 of the New York 
Codes, Rules and Regulations (NYCRR), filed on August 23, 1994, and 
effective on September 22, 1994.
    (ii) Additional information:
    (A) Letter from New York State Department of Environmental 
Conservation, dated March 1, 2006, identifying the level of 
NOX emissions from generic sources located in New York State 
that are subject to Parts 214 and 216.

[[Page 597]]

    (111) Revisions to the State Implementation Plan submitted on 
February 27, 2006, by the New York State Department of Environmental 
Conservation, which consist of administrative changes to its motor 
vehicle enhanced inspection and maintenance (I/M) program which includes 
the adoption of a statewide On-Board Diagnostic (OBD) program.
    (i) Incorporation by reference:
    (A) Regulation Title 6 of the New York Codes, Rules and Regulations 
(NYCRR), Part 217, ``Motor Vehicle Enhanced Inspection and Maintenance 
Program Requirements,'' specifically, Subpart 217-1, ``Motor Vehicle 
Enhanced Inspection and Maintenance Program Requirements'' and Subpart 
217-4, ``Inspection and Maintenance Program Audits,'' effective on 
October 30, 2002, and the New York State Department of Motor Vehicles 
regulation Title 15 NYCRR Part 79 ``Motor Vehicle Inspection 
Regulations,'' specifically, Sections 79.1-79.15, 79.17, 79.20, 79.21, 
79.24, and 79.25, effective on May 4, 2005.
    (112) Revisions to the State Implementation Plan submitted on July 
7, 2006 by the New York State Department of Environmental Conservation 
for the purpose of enhancing an existing Emission Statement Program for 
stationary sources in New York. The SIP revision consists of amendments 
to Title 6 of the New York Codes Rules and Regulations, Chapter III, 
Part 202, Subpart 202-2, ``Emission Statements.''
    (i) Incorporation by reference:
    (A) Part 202, Subpart 202-2, Emission Statements of Title 6 of the 
New York Codes, Rules and Regulations, effective on May 29, 2005.
    (ii) Additional information:
    (A) July 7, 2006, letter from Mr. Carl Johnson, Deputy Commissioner, 
OAWM, NYSDEC, to Mr. Alan Steinberg, RA, EPA Region 2, requesting EPA 
approval of the amendments to Title 6 of the New York Codes Rules and 
Regulations, Chapter III, Part 202, Subpart 202-2, Emission Statements.
    (B) April 11, 2007, letter from Mr. David Shaw, Director, Division 
of Air Resources, NYSDEC, to Mr. Raymond Werner, Chief, Air Programs 
Branch, EPA Region 2.
    (113) A revision to the State Implementation Plan that was submitted 
on September 17, 2007 by the New York State Department of Environmental 
Conservation (NYSDEC). This revision consists of regulations to meet the 
requirements of the Clean Air Interstate Rule (CAIR). This revision also 
addresses New York's 110(a)(2)(D)(i) obligations to submit a SIP 
revision that contains adequate provisions to prohibit air emissions 
from adversely affecting another state's air quality through interstate 
transport.
    (i) Incorporation by reference:
    (A) Part 243, CAIR NOX Ozone Season Trading Program, Part 
244, CAIR NOX Annual Trading Program, and Part 245, CAIR 
SO2 Trading Program, effective on October 19, 2007, of Title 
6 of the New York Code of Rules and Regulations (NYCRR).
    (B) Notice of Adoption, New York State Clean Air Interstate Rule, 
addition of Parts 243, 244 and 245 to Title 6 NYCRR, New York State 
Register, dated October 10, 2007, pages 16-22.
    (ii) Additional information:
    (A) Letter dated September 14, 2007 from Assistant Commissioner J. 
Jared Snyder, NYSDEC, to Alan J. Steinberg, RA, EPA Region II, 
submitting the SIP revision.
    (114) On October 21, 2009 and November 23, 2009, the New York State 
Department of Environmental Conservation (NYSDEC), submitted to EPA 
proposed revisions to the SIP concerning control strategies which will 
result in volatile organic compound emission reductions that will help 
achieve attainment of the national ambient air quality standards for 
ozone.
    (i) Incorporation by reference:
    (A) Title 6 of the New York Code of Rules and Regulations, Part 235, 
``Consumer Products,'' with an effective date of October 15, 2009 and 
Part 239, ``Portable Fuel Container Spillage Control,'' with an 
effective date of July 30, 2009.
    (ii) Additional information:
    (A) Letters dated October 21, 2009 and November 23, 2009 from 
Assistant Commissioner J. Jared Snyder, NYSDEC, to George Pavlou, Acting 
Regional Administrator, EPA Region 2, submitting the SIP revision for 
parts 235 and 239 respectively.
    (115) On March 3, 2009, the New York State Department of 
Environmental

[[Page 598]]

Conservation (NYSDEC), submitted to EPA proposed revisions to the State 
Implementation Plan concerning Prevention of Significant Deterioration 
(PSD) and nonattainment new source review.
    (i) Incorporation by reference:
    (A) Letter dated March 3, 2009, from Assistant Commissioner J. Jared 
Snyder, NYSDEC, to George Pavlou, Acting Regional Administrator, EPA 
Region 2, submitting the revisions for Title 6 of the New York Code of 
Rules and Regulations, Part 200, ``General Provisions,'' sections 200.1 
and 200.9, Table 1 (Part 231 references); Subpart 201-2.1(b)(21); and 
Part 231, which identifies an effective date of March 5, 2009.
    (B) Title 6 of the New York Code of Rules and Regulations, Part 200, 
``General Provisions,'' sections 200.1 and 200.9, Table 1 (Part 231 
references), with an effective date of March 5, 2009, Subpart 201-
2.1(b)(21), definition of ``Major stationary source or major source or 
major facility,'' with an effective date of March 5, 2009, and Part 231, 
``New Source Review for New and Modified Facilities,'' with an effective 
date of March 5, 2009.

[37 FR 10882, May 31, 1972]

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



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

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

[59 FR 34386, July 5, 1994]



                        Subpart II_North Carolina



Sec. 52.1770  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for North Carolina under section 110 of the Clean 
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraph (c) 
of this section with an EPA approval date prior to December 30, 2004, 
for North Carolina (Table 1 of the North Carolina State Implementation 
Plan), January 1, 2003, for Forsyth County, North Carolina (Table 2 of 
the North Carolina State Implementation Plan) and January 1, 2003, for 
Mecklenburg County, North Carolina (Table 3 of the North Carolina State 
Implementation Plan), was approved for incorporation by reference by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Material is incorporated as it exists on the date of the 
approval, and notice of any change in the material will be published in 
the Federal Register. Entries in paragraphs (c) of this section with EPA 
approval dates after December 30, 2004, for North Carolina (Table 1 of 
the December 30, 2004, for North Carolina State Implementation Plan), 
January 1, 2003, for Forsyth County, North Carolina (Table 2 of the 
North Carolina State Implementation Plan) and January 1, 2003, for 
Mecklenburg County, North Carolina, (Table 3 of the North Carolina State 
Implementation Plan) will be incorporated by reference in the next 
update to these SIP compilation notebooks.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of the dates referenced in paragraph (b)(1).
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, 
GA 30303; the EPA, Air and Radiation Docket and Information Center, Air 
Docket

[[Page 599]]

(Mail Code 6102T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460 
and the National Archives and Records Administration. For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
                                    Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect .0101.......................  Definitions.........     01/15/98  11/10/99, 64 FR
                                                                       61213.
Sect .0103.......................  Copies of Referenced     12/01/92  08/15/94, 59 FR
                                    Federal Regulations.               41708.
Sect .0104.......................  Incorporation by         01/15/98  11/10/99, 64 FR
                                    Reference.                         61213.
Sect .0105.......................  Mailing List........     07/01/02  09/17/03, 68 FR
                                                                       54362.
----------------------------------------------------------------------------------------------------------------
                                       Section .0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Sect .0201.......................  Classification of        04/12/84  10/11/85, 50 FR
                                    Air Pollution                      41501.
                                    Sources.
Sect .0202.......................  Registration of Air      01/15/98  11/10/99, 64 FR
                                    Pollution Sources.                 61213.
----------------------------------------------------------------------------------------------------------------
                                     Section .0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect .0301.......................  Purpose.............     02/01/76  06/03/86, 51 FR
                                                                       19834.
Sect. 0302.......................  Episode Criteria....     01/15/98  11/10/99, 64 FR
                                                                       61213.
Sect .0303.......................  Emission Reduction       04/12/84  10/11/85, 50 FR
                                    Plans.                             41501.
Sect .0304.......................  Preplanned Abatement     04/14/88  12/12/88, 53 FR
                                    Program.                           49881.
Sect .0305.......................  Emission Reduction       04/12/84  10/11/85, 50 FR
                                    Plan--Alert Level.                 41501.
Sect .0306.......................  Emission Reduction       04/12/84  10/11/85, 50 FR
                                    Plan--Warning Level.               41501.
Sect .0307.......................  Emission Reduction       04/12/84  10/11/85, 50 FR
                                    Plan--Emergency                    41501.
                                    Level.
----------------------------------------------------------------------------------------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect .0401.......................  Purpose.............     12/01/92  08/15/94, 59 FR
                                                                       41708.
Sect .0402.......................  Sulfur Oxides.......     04/12/84  10/11/85, 50 FR
                                                                       41501.
Sect .0403.......................  Total Suspended          07/01/88  01/16/90, 55 FR 1419
                                    Particulates.
Sect .0404.......................  Carbon Monoxide.....     10/01/89  3/12/90, 55 FR 9125.
Sect .0405.......................  Ozone...............     05/01/99  10/22/02, 67 FR
                                                                       64989.
Sect .0407.......................  Nitrogen Dioxide....     10/01/89  03/12/90, 55 FR 9125
Sect .0408.......................  Lead................     04/12/84  10/11/85, 50 FR
                                                                       41501.
Sect .0409.......................  Particulate Matter..     07/01/88  01/16/90, 55 FR 1419
Sect .0410.......................  PM2.5 Particulate        05/01/99  10/22/02, 67 FR
                                    Matter.                            64989.
----------------------------------------------------------------------------------------------------------------
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect .0501.......................  Compliance with          04/01/01  08/08/02, 67 FR
                                    Emission Control                   51461.
                                    Standards.
Sect .0502.......................  Purpose.............     03/01/81  07/26/82, 47 FR
                                                                       32118.
Sect .0503.......................  Particulates from        05/01/99  10/22/02, 67 FR
                                    Fuel Burning                       64989.
                                    Indirect Heat
                                    Exchangers.
Sect .0504.......................  Particulates from        07/01/02  12/27/02, 67 FR
                                    Wood Burning                       78980.
                                    Indirect Heat
                                    Exchangers.

[[Page 600]]

 
Sect .0505.......................  Control of               07/01/87  02/29/88, 53 FR 5974
                                    Particulates from
                                    Incinerators.
Sect .0506.......................  Particulates from        03/20/98  11/10/99, 64 FR
                                    Hot Mix Asphalt                    61213.
                                    Plants.
Sect .0507.......................  Particulates from        04/01/03  09/17/03, 68 FR
                                    Chemical Fertilizer                54362.
                                    Manufacturing
                                    Plants.
Sect .0508.......................  Particulates from        03/20/98  11/10/99, 64 FR
                                    Pulp and Paper                     61213.
                                    Mills.
Sect .0509.......................  Particulates from        04/01/03  09/17/03, 68 FR
                                    Mica or Feldspar                   54362.
                                    Processing Plants.
Sect .0510.......................  Particulates from        03/20/98  11/10/99, 64 FR
                                    Sand, Gravel, or                   61213.
                                    Crushed Stone
                                    Operations.
Sect .0511.......................  Particluates from        03/20/98  11/10/99, 64 FR
                                    Lightweight                        61213.
                                    Aggregate.
Sect .0512.......................  Particulates from        11/01/84  12/19/86, 51 FR
                                    Wood Products                      45468.
                                    Finishing Plants.
Sect .0513.......................  Particulates from        03/20/98  11/10/99, 64 FR
                                    Portland Cement                    61213.
                                    Plants.
Sect .0514.......................  Particulates from        03/20/98  11/10/99, 64 FR
                                    Ferrous Jobbing                    61213.
                                    Foundries.
Sect .0515.......................  Particulates from        04/01/03  09/17/03, 68 FR
                                    Miscellaneous                      54362.
                                    Industrial
                                    Processes.
Sect .0516.......................  Sulfur Dioxide           04/01/03  09/17/03, 68 FR
                                    Emissions from                     54362.
                                    Combustion Sources.
Sect .0517.......................  SO2 Emissions from       11/01/84  12/19/86, 51 FR
                                    Plants Producing                   45468.
                                    Sulfuric Acid.
Sect. 0519.......................  Control of Nitrogen        1/1/05  8/22/08, 73 FR 49613
                                    Dioxide and
                                    Nitrogen Oxides.
Sect .0520.......................  Control and              07/01/96  08/01/97, 62 FR       Repealed.
                                    Prohibition of Open                41277.
                                    Burning.
Sect .0521.......................  Control of Visible       01/01/05  10/25/05, 70 FR       Approving changes to
                                    Emissions.                         61556.                Paragraphs (c) and
                                                                                             (d) that reference
                                                                                             new Paragraph (g).
                                                                                             Also, approving
                                                                                             Paragraph (g)
                                                                                             excluding the
                                                                                             following language:
                                                                                             ``excluding
                                                                                             startups,
                                                                                             shutdowns,
                                                                                             maintenance periods
                                                                                             when fuel is not
                                                                                             being combusted,
                                                                                             and malfunctions
                                                                                             approved as such
                                                                                             according to
                                                                                             procedures approved
                                                                                             under Rule .0535 of
                                                                                             this Section.''
Sect .0522.......................  Control and              02/01/76  06/03/86, 51 FR
                                    Prohibition of                     19834.
                                    Odorous Emissions.

[[Page 601]]

 
Sect .0523.......................  Control of Conical       01/01/85  09/09/87, 52 FR
                                    Incinerators.                      33933.
Sect .0527.......................  Emissions from           11/01/84  12/19/86, 51 FR
                                    Spodumene Ore                      45468.
                                    Roasting.
Sect .0530.......................  Prevention of            5/1/2008  8/10/2011, 76 FR      15 NCAC .0530
                                    Significant                        49313.                incorporates by
                                    Deterioration.                                           reference the
                                                                                             regulations found
                                                                                             at 40 CFR 51.166,
                                                                                             with changes, as of
                                                                                             June 13, 2007. This
                                                                                             EPA action is
                                                                                             approving the
                                                                                             incorporation by
                                                                                             reference with the
                                                                                             exception of the
                                                                                             phrase ``except
                                                                                             ethanol production
                                                                                             facilities
                                                                                             producing ethanol
                                                                                             by natural
                                                                                             fermentation under
                                                                                             the North American
                                                                                             Industry
                                                                                             Classification
                                                                                             System (NAICS)
                                                                                             codes 325193 or
                                                                                             312140,'' (as
                                                                                             amended at 40 CFR
                                                                                             51.166(b)(1)(i)(a),
                                                                                             (b)(1)(iii)(t), and
                                                                                             (i)(1)(ii)(t).
Sect .0531.......................  Sources in               5/1/2008  8/10/2011, 76 FR      15 NCAC .0531
                                    Nonattainment Areas.               49313.                incorporates by
                                                                                             reference the
                                                                                             regulations found
                                                                                             at 40 CFR 51.165,
                                                                                             with changes, as of
                                                                                             June 13, 2007. This
                                                                                             EPA action is
                                                                                             approving the
                                                                                             incorporation by
                                                                                             reference with the
                                                                                             exception of the
                                                                                             phrase ``except
                                                                                             ethanol production
                                                                                             facilities
                                                                                             producing ethanol
                                                                                             by natural
                                                                                             fermentation under
                                                                                             the North American
                                                                                             Industry
                                                                                             Classification
                                                                                             System (NAICS)
                                                                                             codes 325193 or
                                                                                             312140,'' (as
                                                                                             amended at 40 CFR
                                                                                             51.165(a)(1)(iv)(C)
                                                                                             (20) and
                                                                                             (a)(4)(xx).
Sect .0532.......................  Sources Contributing     07/01/94  02/01/96, 61 FR 3584
                                    to an Ambient
                                    Violation.
Sect .0533.......................  Stack Height........     07/01/94  02/01/96, 61 FR 3584
Sect .0535.......................  Excess Emissions         07/01/96  08/01/97, 62 FR
                                    Reporting and                      41277.
                                    Malfunctions.

[[Page 602]]

 
Sect .0536.......................  Particulate              08/01/91  02/14/96, 61 FR 5689
                                    Emissions from
                                    Electric Utility
                                    Boilers.
Sect .0540.......................  Particulates from        03/20/98  11/10/99, 64 FR
                                    Fugitive Non-                      61213.
                                    process Dust
                                    Emission Sources.
Sect .0542.......................  Control of               07/01/02  12/27/02, 67 FR
                                    Particulate                        78980.
                                    Emissions from
                                    Cotton Ginning
                                    Operations.
----------------------------------------------------------------------------------------------------------------
Sect .0543.......................  Best Available           9/6/2006  6/27/2012, 77 FR
                                    Retrofit Technology.               38185.
Sect .0544.......................  Prevention of            12/16/10  October 18, 2011, 76
                                    Significant                        FR 64240.
                                    Deterioration
                                    Requirements for
                                    Greenhouse Gases.
----------------------------------------------------------------------------------------------------------------
                              Section .0600 Air Contaminants; Monitoring, Reporting
----------------------------------------------------------------------------------------------------------------
Sect .0601.......................  Monitoring:              04/01/99  08/08/02, 67 FR
                                    Recordkeeping:                     51461.
                                    Reporting.
Sect .0602.......................  Definitions.........     04/01/99  08/08/02, 67 FR
                                                                       51461.
Sect .0604.......................  Exceptions to            04/01/99  08/08/02, 67 FR
                                    Monitoring and                     51461.
                                    Reporting
                                    Requirements.
Sect .0605.......................  General                  11/01/06  10/31/07, 72 FR
                                    Recordkeeping and                  61531.
                                    Reporting
                                    Requirements.
Sect. 0606.......................  Sources Covered by         1/1/05  8/22/08, 73 FR 49613
                                    Appendix P of 40
                                    CFR part 51.
Sect .0607.......................  Large Wood and Wood-     04/01/99  08/08/02, 67 FR
                                    Fossil Fuel                        51461.
                                    Combination Units.
Sect. 0608.......................  Other Large Coal or        1/1/05  8/22/08, 73 FR 49613
                                    Residual Oil
                                    Burners.
Sect .0609.......................  Monitoring Condition     04/12/84  10/04/85, 50 FR
                                    in Permit.                         41501.
Sect .0610.......................  Federal Monitoring       04/01/99  08/08/02, 67 FR
                                    Requirements.                      51461.
Sect .0611.......................  Monitoring Emissions     04/01/99  08/08/02, 67 FR
                                    from Other Sources.                51461.
Sect .0612.......................  Alternative              04/01/99  08/08/02, 67 FR
                                    Monitoring and                     51461.
                                    Reporting
                                    Procedures.
Sect .0613.......................  Quality Assurance        04/01/99  08/08/02, 67 FR
                                    Program.                           51461.
Sect .0614.......................  Compliance Assurance     04/01/99  08/08/02, 67 FR
                                    Monitoring.                        51461.
Sect .0615.......................  Delegation..........     04/01/99  08/08/02, 67 FR
                                                                       51461.
----------------------------------------------------------------------------------------------------------------
                                          Section .0800 Complex Sources
----------------------------------------------------------------------------------------------------------------
Sect .0801.......................  Purpose and Scope...     07/01/94  02/01/96, 61 FR 3584
Sect .0802.......................  Definitions.........     07/01/94  02/01/96, 61 FR 3584
Sect .0803.......................  Highway Projects....     07/01/94  02/01/96, 61 FR 3584
Sect .0804.......................  Airport Facilities..     07/01/96  08/01/97, 62 FR
                                                                       41277.
Sect .0805.......................  Parking Facilities..     07/01/96  08/01/97, 62 FR
                                                                       41277.
Sect .0806.......................  Ambient Monitoring       07/01/94  02/01/96, 61 FR 3584
                                    and Modeling
                                    Analysis.
----------------------------------------------------------------------------------------------------------------

[[Page 603]]

 
                                    Section .0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Sect .0901.......................  Definitions.........     1/1/2009  5/9/2013, 78 FR
                                                                       27067.
Sect .0902.......................  Applicability.......     9/1/2010  5/9/2013, 78 FR       Conditional approval
                                                                       27067.                of rule .0902 as
                                                                                             submitted on 10/14/
                                                                                             2004 (with the
                                                                                             exception of the
                                                                                             start-up shutdown
                                                                                             language as
                                                                                             described in
                                                                                             Section II. A. a.
                                                                                             of EPA's 3/13/2013
                                                                                             proposed rule (78
                                                                                             FR 15895)), 4/6/
                                                                                             2007, 1/31/2008, 9/
                                                                                             18/2009, and 11/9/
                                                                                             2010.
----------------------------------------------------------------------------------------------------------------
Sect .0903.......................  Recordkeeping:           04/01/99  08/08/02, 67 FR
                                    Reporting:                         51461.
                                    Monitoring.
Sect .0905.......................  Petition for             11/08/84  12/19/86, 51 FR
                                    Alternative                        45468.
                                    Controls.
Sect .0906.......................  Circumvention.......     11/08/84  12/19/86, 51 FR
                                                                       45468.
Sect .0907.......................  Compliance Schedules     11/21/96  10/15/99, 64 FR       Repealed.
                                    for Sources in                     55831.
                                    Nonattainment Areas.
Sect .0908.......................  Equipment                11/08/84  12/19/86, 51 FR
                                    Modification                       45468 .
                                    Compliance
                                    Schedules.
Sect .0909.......................  Compliance Schedules     9/1/2010  5/9/2013, 78 FR       Conditional approval
                                    for Sources in                     27067.                of rule .0909 as
                                    Nonattainment Areas.                                     submitted on 4/6/
                                                                                             2007, 1/31/2008, 9/
                                                                                             18/2009, and 11/9/
                                                                                             2010.
----------------------------------------------------------------------------------------------------------------
Sect .0910.......................  Alternate Compliance     11/21/96  10/15/99, 64 FR       Repealed.
                                    Schedules.                         55831.
Sect .0911.......................  Exceptions for           11/21/96  10/15/99, 64 FR       Repealed.
                                    Compliance                         55831.
                                    Schedules.
Sect .0912.......................  General Provisions      3/13/2008  5/9/2013, 78 FR
                                    on Test Methods and                27067.
                                    Procedures.
Sect .0913.......................  Determination of        3/13/2008  5/9/2013, 78 FR       Repealed.
                                    Volatile Content of                27067.
                                    Surface Coatings.
Sect .0914.......................  Determination of VOC    3/13/2008  5/9/2013, 78 FR       Repealed.
                                    Emission Control                   27067.
                                    System Efficiency.
Sect .0915.......................  Determination of         6/1/2008  5/9/2013, 78 FR       Repealed.
                                    Solvent Metal                      27067.
                                    Cleaning VOC
                                    Emissions.
Sect .0916.......................  Determination: VOC       6/1/2008  5/9/2013, 78 FR       Repealed.
                                    Emissions From Bulk                27067.
                                    Gasoline Terminals.
Sect .0917.......................  Automobile and Light     9/1/2010  5/9/2013, 78 FR       Repealed.
                                    Duty Truck                         27067.
                                    Manufacturing.
----------------------------------------------------------------------------------------------------------------
Sect .0918.......................  Can Coating.........     07/01/96  08/01/97, 62 FR
                                                                       41277.
Sect .0919.......................  Coil Coating........     07/01/96  08/01/97, 62 FR
                                                                       41277.
Sect .0920.......................  Paper Coatings......     9/1/2010  5/9/2013, 78 FR       Repealed.
                                                                       27067.
Sect .0921.......................  Fabric and Vinyl         9/1/2010  5/9/2013, 78 FR       Repealed.
                                    Coating.                           27067.

[[Page 604]]

 
Sect .0922.......................  Metal Furniture          9/1/2010  5/9/2013, 78 FR
                                    Coating.                           27067.
Sect .0923.......................  Surface Coating of       9/1/2010  5/9/2013 , 78 FR
                                    Large Appliance                    27067.
                                    Parts.
----------------------------------------------------------------------------------------------------------------
Sect .0924.......................  Magnet Wire Coating.     07/01/96  08/01/97, 62 FR
                                                                       41277.
Sect .0925.......................  Petroleum Liquid         12/01/89  06/23/94, 59 FR
                                    Storage.                           32362.
Sect .0926.......................  Bulk Gasoline Plants     07/01/96  08/01/97, 62 FR
                                                                       41277 .
Sect .0927.......................  Bulk Gasoline            6/1/2008  5/9/2013, 78 FR
                                    Terminals.                         27067.
----------------------------------------------------------------------------------------------------------------
Sect .0928.......................  Gasoline Service         07/01/96  08/01/97, 62 FR
                                    Stations Stage I.                  41277 .
Sect .0929.......................  Petroleum Refinery       4/6/2010  5/9/2013, 78 FR       Repealed--North
                                    Sources.                           27067.                Carolina made a
                                                                                             negative
                                                                                             declaration for VOC
                                                                                             emissions from bulk
                                                                                             gasoline plants on
                                                                                             4/6/2010.
Sect .0930.......................  Solvent Metal            6/1/2008  5/9/2013, 78 FR
                                    Cleaning.                          27067.
Sect .0931.......................  Cutback Asphalt.....     12/01/89  06/23/94, 59 FR
                                                                       32362.
Sect .0932.......................  Gasoline Truck Tanks    11/7/2007  5/9/2013, 78 FR
                                    and Vapor                          27067.
                                    Collection Systems.
Sect .0933.......................  Petroleum Liquid         8/1/2004  5/9/2013, 78 FR
                                    Storage in External                27067.
                                    Floating Roof Tanks.
Sect .0934.......................  Coating of               9/1/2010  5/9/2013, 78 FR       Repealed.
                                    Miscellaneous Metal                27067.
                                    Parts and Products.
Sect .0935.......................  Factory Surface          9/1/2010  5/9/2013, 78 FR
                                    Coating of Flat                    27067.
                                    Wood Paneling.
Sect .0936.......................  Graphic Arts........     9/1/2010  5/9/2013, 78 FR       Repealed.
                                                                       27067.
Sect .0937.......................  Manufacture of           07/01/96  08/01/97, 62 FR
                                    Pneumatic Rubber                   41277.
                                    Tires.
Sect .0938.......................  Perchloroethylene        03/20/98  11/10/99, 64 FR       Repealed.
                                    Dry Cleaning System.               61213.
Sect .0939.......................  Determination of        3/13/2008  5/9/2013, 78 FR       Repealed.
                                    Volatile Organic                   27067.
                                    Compound Emissions.
Sect .0940.......................  Determination of        3/13/2008  5/9/2013, 78 FR       Repealed.
                                    Leak Tightness and                 27067.
                                    Vapor Leaks.
Sect .0941.......................  Alternative Method      3/13/2008  5/9/2013, 78 FR       Repealed.
                                    for Leak Tightness.                27067.
Sect .0942.......................  Determination of        3/13/2008  5/9/2013, 78 FR       Repealed.
                                    Solvent in Filter                  27067.
                                    Waste.
Sect .0943.......................  Synthetic Organic       11/7/2007  5/9/2013, 78 FR
                                    Chemical and                       27067.
                                    Polymer
                                    Manufacturing.
Sect .0944.......................  Manufacture of           03/14/85  11/19/86, 51 FR
                                    Polyethylene,                      41786.
                                    Polypropylene, and
                                    Polystyrene.

[[Page 605]]

 
Sect .0945.......................  Petroleum Dry           11/7/2007  5/9/2013, 78 FR
                                    Cleaning.                          27067.
Sect .0947.......................  Manufacture of           07/01/94  05/05/95, 60 FR
                                    Synthesized                        22284.
                                    Pharmaceutical
                                    Products.
Sect .0948.......................  VOC Emissions from       07/01/00  08/27/01, 66 FR
                                    Transfer Operations.               34117.
Sect .0949.......................  Storage of               07/01/00  08/27/01, 66 FR
                                    Miscellaneous                      34117.
                                    Volatile Organic
                                    Compounds.
Sect .0951.......................  RACT for Sources of      9/1/2010  5/9/2013, 78 FR       Conditional approval
                                    Volatile Organic 3                 27067.                of rule .0951 as
                                    Compounds.                                               submitted on 11/9/
                                                                                             2010.
Sect .0952.......................  Petition for             05/01/95  02/01/96, 62 FR 3589
                                    Alternative
                                    Controls for RACT.
Sect .0953.......................  Vapor Return Piping      03/20/98  11/10/99, 64 FR
                                    for Stage II Vapor                 61213.
                                    Recovery.
Sect .0954.......................  Stage II Vapor           04/01/03  09/17/03, 68 FR
                                    Recovery.                          54362.
Sect .0955.......................  Thread Bonding           04/01/95  02/01/96, 62 FR 3589
                                    Manufacturing.
Sect .0956.......................  Glass Christmas          04/01/95  02/01/96, 62 FR 3589
                                    Ornament
                                    Manufacturing.
Sect .0957.......................  Commercial Bakeries.     04/01/95  02/01/96, 62 FR 3589
Sect .0958.......................  Work Practices for       07/01/00  08/27/01, 66 FR
                                    Sources of Volatile                34117.
                                    Organic Compounds.
Sect .0959.......................  Reserved............
----------------------------------------------------------------------------------------------------------------
Sect .0961.......................  Offset Lithographic      9/1/2010  5/9/2013, 78 FR       Conditional approval
                                    Printing and                       27067.                of rule .0961 as
                                    Letterpress                                              submitted on 11/9/
                                    Printing.                                                2010.
Sect .0962.......................  Industrial Cleaning      9/1/2010  5/9/2013, 78 FR       Conditional approval
                                    Solvents.                          27067.                of rule .0962 as
                                                                                             submitted on 11/9/
                                                                                             2010.
Sect .0963.......................  Fiberglass Boat          9/1/2010  5/9/2013, 78 FR
                                    Manufacturing.                     27067.
Sect .0964.......................  Miscellaneous            9/1/2010  5/9/2013, 78 FR
                                    Industrial                         27067.
                                    Adhesives.
Sect .0965.......................  Flexible Package         9/1/2010  5/9/2013, 78 FR
                                    Printing.                          27067.
Sect .0966.......................  Paper Film and Foil      9/1/2010  5/9/2013 , 78 FR
                                    Coatings.                          27067.
Sect .0967.......................  Miscellaneous Metal      9/1/2010  5/9/2013, 78 FR
                                    and Plastic Parts                  27067.
                                    Coatings.
Sect .0968.......................  Automobile and Light     9/1/2010  5/9/2013, 78 FR
                                    Duty Truck Assembly                27067.
                                    Coatings.
----------------------------------------------------------------------------------------------------------------
                             Section .1000 Motor Vehicle Emissions Control Standards
----------------------------------------------------------------------------------------------------------------
Sect .1001.......................  Purpose.............     07/01/02  10/30/02, 67 FR
                                                                       66056.
Sect .1002.......................  Applicability.......     07/01/02  10/30/02, 67 FR
                                                                       66056.
Sect .1003.......................  Definitions.........     12/01/82  06/02/95, 60 FR
                                                                       28726.
Sect .1004.......................  Emissions Standards.     07/01/02  10/30/02, 67 FR
                                                                       66056.
Sect .1005.......................  Measurement and          07/01/02  10/30/02, 67 FR
                                    Enforcement.                       66056.
----------------------------------------------------------------------------------------------------------------

[[Page 606]]

 
                                   Section .1300 Oxygenated Gasoline Standard
----------------------------------------------------------------------------------------------------------------
Sect .1301.......................  Purpose.............     09/01/96  06/19/07, 72 FR
                                                                       33692.
Sect .1302.......................  Applicability.......     09/01/96  06/19/07, 72 FR
                                                                       33692.
Sect .1303.......................  Definitions.........     09/01/92  06/30/94, 59 FR
                                                                       33683.
Sect .1304.......................  Oxygen Content           09/01/96  06/19/07, 72 FR
                                    Standard.                          33692.
Sect .1305.......................  Measurement and          09/01/92  06/30/94, 59 FR
                                    Enforcement.                       33683.
----------------------------------------------------------------------------------------------------------------
                                          Section .1400 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Sect .1401.......................  Definitions.........     07/15/02  12/27/02, 67 FR
                                                                       78987.
Sect .1402.......................  Applicability.......     1/1/2010  5/9/2013, 78 FR
                                                                       27067.
Sect .1403.......................  Compliance Schedules     7/1/2007  5/9/2013 , 78 FR
                                                                       27067.
Sect .1404.......................  Recordkeeping:           5/1/2004  5/9/2013, 78 FR
                                    Reporting:                         27067.
                                    Monitoring.
Sect .1407.......................  Boilers and Indirect    7/15/2002  5/9/2013, 78 FR
                                    Process Heaters.                   27067.
Sect .1408.......................  Stationary              7/15/2002  5/9/2013, 78 FR
                                    Combustion Turbines.               27067.
Sect .1409.......................  Stationary Internal     3/13/2008  5/9/2013, 78 FR
                                    Combustion Turbines.               27067.
Sect .1410.......................  Emissions Averaging.    3/13/2008  5/9/2013, 78 FR
                                                                       27067.
Sect .1411.......................  Seasonal Fuel           3/13/2008  5/9/2013, 78 FR
                                    Switching.                         27067.
Sect .1412.......................  Petition for            3/13/2008  5/9/2013, 78 FR
                                    Alternative                        27067.
                                    Limitations.
Sect .1415.......................  Test Methods and        3/13/2008  5/9/2013 , 78 FR
                                    Procedures.                        27067.
Sect .1416.......................  Emission Allocations    3/13/2008  5/9/2013, 78 FR       Repealed.
                                    for Utility                        27067.
                                    Companies.
Sect .1417.......................  Emission Allocations    3/13/2008  5/9/2013, 78 FR       Repealed.
                                    for Large                          27067.
                                    Combustion Sources.
Sect .1418.......................  New Electric            3/13/2008  5/9/2013, 78 FR
                                    Generating Units,                  27067.
                                    Large Boilers, and
                                    Large Internal
                                    Combustion Engines.
Sect .1419.......................  Nitrogen Oxide          3/13/2008  5/9/2013, 78 FR       Repealed.
                                    Budget Trading                     27067.
                                    Program.
Sect .1420.......................  Periodic Review and     3/13/2008  5/9/2013, 78 FR       Repealed.
                                    Reallocations.                     27067.
Sect .1421.......................  Allocations for New     3/13/2008  5/9/2013, 78 FR       Repealed.
                                    Growth of Major                    27067.
                                    Point Sources.
Sect .1422.......................  Compliance              3/13/2008  5/9/2013, 78 FR       Repealed.
                                    Supplement Pool                    27067.
                                    Credits.
Sect .1423.......................  Large Internal           07/15/02  12/27/02, 67 FR
                                    Combustion Engines.                78987.
----------------------------------------------------------------------------------------------------------------
                                           Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect .1901.......................  Purpose, Scope, and      07/01/96  08/01/97, 62 FR
                                    Impermissible Open                 41277.
                                    Burning.
Sect .1902.......................  Definitions.........     01/15/98  11/10/99, 64 FR
                                                                       61213.
Sect .1903.......................  Permissible Open         01/15/98  11/10/99, 64 FR
                                    Burning Without a                  61213.
                                    Permit.
Sect .1904.......................  Air Curtain Burners.     07/01/96  08/01/97, 62 FR
                                                                       41277.
----------------------------------------------------------------------------------------------------------------

[[Page 607]]

 
                                     Section .2000 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Sect .2001.......................  Purpose, Scope and       04/01/99  12/27/02, 67 FR
                                    Applicability.                     78983.
Sect .2002.......................  Definitions.........     04/01/99  12/27/02, 67 FR
                                                                       78983.
Sect .2003.......................  Transportation           04/01/99  12/27/02, 67 FR       Except for the
                                    Conformity                         78983.                incorporation by
                                    Determination.                                           reference of 40 CFR
                                                                                             93.104(e) of the
                                                                                             Transportation
                                                                                             Conformity Rule.
Sect .2004.......................  Determining              04/01/99  12/27/02, 67 FR
                                    Transportation                     78983.
                                    Related Emissions.
Sect .2005.......................  Memorandum of            04/01/99  12/27/02, 67 FR
                                    Agreement.                         78983.
----------------------------------------------------------------------------------------------------------------
                                    Section .2400 Clean Air Interstate Rules
----------------------------------------------------------------------------------------------------------------
Sect. 2401.......................  Purpose and                5/1/08  11/30/09, 74 FR
                                    Applicability.                     62496..
Sect .2402.......................  Definitions.........       5/1/08  11/30/09, 74 FR
                                                                       62496..
Sect 2403........................  Nitrogen Oxide             5/1/08  11/30/09, 74 FR
                                    Emissions.                         62496..
Sect .2404.......................  Sulfur Dioxide......       5/1/08  11/30/09, 74 FR
                                                                       62496..
Sect .2405.......................  Nitrogen Oxide             5/1/08  11/30/09, 74 FR
                                    Emissions During                   62496..
                                    Ozone Season.
Sect .2406.......................  Permitting..........       7/1/06  11/30/09, 74 FR
                                                                       62496..
Sect .2407.......................  Monitoring,                5/1/08  11/30/09, 74 FR
                                    Reporting, and                     62496..
                                    Recordkeeping.
Sect .2408.......................  Trading Program and        7/1/06  11/30/09, 74 FR
                                    Banking.                           62496..
Sect .2409.......................  Designated                 5/1/08  11/30/09, 74 FR
                                    Representative.                    62496..
Sect .2410.......................  Computation of Time.       7/1/06  11/30/09, 74 FR
                                                                       62496..
Sect 2411........................  Opt-In Provisions...       7/1/06  11/30/09, 74 FR
                                                                       62496..
Sect .2412.......................  New Unit Growth.....       5/1/08  11/30/09, 74 FR
                                                                       62496..
Sect .2413.......................  Periodic Review and        7/1/06  11/30/09, 74 FR
                                    Reallocations.                     62496..
----------------------------------------------------------------------------------------------------------------
                                          Section .2600 Source Testing
----------------------------------------------------------------------------------------------------------------
Sect .2601.......................  Purpose and Scope...    3/13/2008  5/9/2013, 78 FR
                                                                       27067.
Sect .2602.......................  General Provisions      3/13/2008  5/9/2013, 78 FR
                                    on Test Methods.                   27067.
Sect .2603.......................  Testing Protocol....    3/13/2008  5/9/2013, 78 FR
                                                                       27067.
Sect .2604.......................  Number of Test          3/13/2008  5/9/2013, 78 FR
                                    Points.                            27067.
Sect .2605.......................  Velocity and Volume     3/13/2008  5/9/2013, 78 FR
                                    Flow Rate.                         27067.
Sect .2606.......................  Molecular Weight....    3/13/2008  5/9/2013, 78 FR
                                                                       27067.
Sect .2607.......................  Determination of        3/13/2008  5/9/2013, 78 FR
                                    Moisture Content.                  27067.
Sect .2608.......................  Number of Runs and      3/13/2008  5/9/2013, 78 FR
                                    Compliance                         27067.
                                    Determination.
Sect .2612.......................  Nitrogen Oxide          3/13/2008  5/9/2013, 78 FR
                                    Testing Methods.                   27067.
Sect .2613.......................  Volatile Organic        3/13/2008  5/9/2013, 78 FR
                                    Compound Testing                   27067.
                                    Methods.
Sect .2614.......................  Determination of VOC    3/13/2008  5/9/2013, 78 FR
                                    Emission Control                   27067.
                                    System.
Sect .2615.......................  Determination of        3/13/2008  5/9/2013, 78 FR
                                    Leak Tightness and                 27067.
                                    Vapor Leaks.

[[Page 608]]

 
Sect .2621.......................  Determination of        3/13/2008  5/9/2013, 78 FR
                                    Fuel Heat Content                  27067.
                                    Using F-Factor.
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Sect .0101.......................  Required Air Quality     03/20/98  11/10/99, 64 FR
                                    Permits.                           61213.
Sect. 0102.......................  Activities Exempted        1/1/05  8/22/08, 73 FR 49613
                                    from Permit
                                    Requirements.
Sect .0103.......................  Definitions.........     05/01/99  10/22/02, 67 FR
                                                                       64989.
Sect .0104.......................  Where to Obtain and      07/01/02  12/27/02, 67 FR
                                    File Permit                        78980.
                                    Applications.
Sect .0105.......................  Copies of Referenced     08/15/94  02/01/96, 61 FR 3584
                                    Documents.
Sect .0106.......................  Incorporation by         08/15/94  02/01/96, 61 FR 3584
                                    Reference.
Sect .0107.......................  Confidential             05/01/99  10/22/02, 67 FR
                                    Information.                       64989.
Sect .0108.......................  Delegation of            03/15/98  11/10/99, 64 FR
                                    Authority.                         61213.
Sect .0109.......................  Compliance Schedule      04/01/01  08/08/02, 67 FR
                                    for Previously                     51461.
                                    Exempted Activities.
Sect .0110.......................  Retention of Permit      08/15/94  02/01/96, 61 FR 3584
                                    at Permitted
                                    Facility.
Sect .0111.......................  Applicability            08/15/94  02/01/96, 61 FR 3584
                                    Determinations.
----------------------------------------------------------------------------------------------------------------
                                            Section .0200 Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect .0207.......................  Annual Emissions           7/1/07  4/24/2012, 77 FR
                                    Reporting.                         24382.
                                Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Sect .0301.......................  Applicability.......     07/01/94  07/28/95, 60 FR
                                                                       38710.
Sect .0303.......................  Definitions.........     07/01/94  07/28/95, 60 FR
                                                                       38710.
Sect .0304.......................  Applications........     07/01/99  10/22/02, 67 FR
                                                                       64989.
Sect .0305.......................  Application              07/01/94  07/28/95, 60 FR
                                    Submittal Content.                 38710.
Sect .0306.......................  Permits Requiring        07/01/99  10/22/02, 67 FR
                                    Public                             64989.
                                    Participation.
Sect .0307.......................  Public Participation     01/15/98  11/10/99, 64 FR
                                    Procedures.                        61213.
Sect .0308.......................  Final Action on          07/01/94  07/28/95, 60 FR
                                    Permit Applications.               38710.
Sect .0309.......................  Termination,             07/01/99  10/22/02, 67 FR
                                    Modification and                   64989.
                                    Revocation of
                                    Permits.
Sect .0310.......................  Permitting of            07/01/94  07/28/95, 60 FR
                                    Numerous Similar                   38710.
                                    Facilities.
Sect .0311.......................  Permitting of            07/01/96  08/01/97, 62 FR
                                    Facilities at                      41277.
                                    Multiple Temporary
                                    Sites.
Sect .0312.......................  Application              03/20/98  11/10/99, 64 FR
                                    Processing Schedule.               61213.
Sect .0313.......................  Expedited                04/17/97  11/10/99, 64 FR
                                    Application                        61213.
                                    Processing Schedule.
Sect .0314.......................  General Permitting       07/01/99  10/22/02, 67 FR
                                    Requirements.                      64989.

[[Page 609]]

 
Sect .0315.......................  Synthetic Minor          07/01/99  10/22/02, 67 FR
                                    Facilities.                        64989.
Sect .0316.......................  Administrative           04/01/01  08/08/02, 67 FR
                                    Permit Amendments.                 51461.
Sect .0317.......................  Avoidance Conditions     04/01/01  08/08/02, 67 FR
                                                                       51461.
----------------------------------------------------------------------------------------------------------------
                                Section .0600 Transportation Facility Procedures
----------------------------------------------------------------------------------------------------------------
Sect .0601.......................  Purpose of Section       07/01/94  02/01/96, 61 FR 3584
                                    and Requirements
                                    for Permit.
Sect .0602.......................  Definitions.........     07/01/94  02/01/96, 61 FR 3584
Sect .0603.......................  Applications........     07/28/97  12/31/98, 63 FR
                                                                       72193.
Sect .0604.......................  Public Participation     07/01/94  02/01/96, 61 FR 3584
Sect .0605.......................  Final Action on          07/01/94  02/01/96, 61 FR 3584
                                    Permit Applications.
Sect .0606.......................  Termination,             07/01/94  02/01/96, 61 FR 3584
                                    Modification and
                                    Revocation of
                                    Permits.
Sect .0607.......................  Application              04/17/97  11/10/99, 64 FR
                                    Processing Schedule.               61213.
----------------------------------------------------------------------------------------------------------------
                                        Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect .0801.......................  Purpose and Scope...     05/01/99  10/22/02, 67 FR
                                                                       64989.
Sect .0802.......................  Gasoline Servicing       08/01/95  09/20/96, 61 FR
                                    Stations and                       49413.
                                    Dispensing
                                    Facilities.
Sect .0803.......................  Coating, Solvent         05/01/99  10/22/02, 67 FR
                                    Cleaning, Graphic                  64989.
                                    Arts Operations.
Sect .0804.......................  Dry Cleaning             08/01/95  09/20/96, 61 FR
                                    Facilities.                        49414.
Sect .0805.......................  Grain Elevators.....     04/01/01  08/08/02, 67 FR
                                                                       51461.
Sect .0806.......................  Cotton Gins.........     04/01/02  08/08/02, 67 FR
                                                                       51461.
Sect .0807.......................  Emergency Generators     04/01/02  08/08/02, 67 FR
                                                                       51461.
Sect .0808.......................  Peak Shaving             07/01/99  10/22/02, 67 FR
                                    Generators.                        64989.
----------------------------------------------------------------------------------------------------------------


                                Table 2--EPA Approved Forsyth County Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 3A Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
                                            Section .0100 In General
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Department Established   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0102........  Enforcement of Chapter   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0103........  General Powers and       06/14/90  05/02/91, 56 FR 20140...........
                      Duties of Director.
Sect. .0104........  Authority of Director    06/14/90  05/02/91, 56 FR 20140...........
                      to Establish
                      Administrative
                      Procedures.
Sect. .0105........  Fees for Inspections,    06/14/90  05/02/91, 56 FR 20140...........
                      Permits, and
                      Certificates Required
                      by Chapter.
Sect. .0106........  Penalties for            01/17/97  02/17/00, 65 FR 8053............
                      Violation of Chapter.
Sect. .0107........  Civil Relief for         06/14/90  05/02/91, 56 FR 20140...........
                      Violations of Chapter.
Sect. .0108........  Chapter Does Not         06/14/90  05/02/91, 56 FR 20140...........
                      Prohibit Private
                      Actions For Relief.
Sect. .0109........  Judicial Review of       06/14/90  05/02/91, 56 FR 20140...........
                      Administrative
                      Decisions Rendered
                      Under Chapter.
Sect. .0111........  Copies of Referenced     06/14/90  05/02/91, 56 FR 20140...........
                      Federal Regulations.
----------------------------------------------------------------------------------------------------------------

[[Page 610]]

 
                                          Section .0200 Advisory Board
----------------------------------------------------------------------------------------------------------------
Sect. .0201........  Established;             06/14/90  05/02/91, 56 FR 20140...........
                      Composition; Terms of
                      Members.
Sect. .0202........  Secretary.............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0203........  Meetings..............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0204........  To Serve in Advisory     06/14/90  05/02/91, 56 FR 20140...........
                      Capacity; General
                      Functions.
Sect. .0205........  Appeals to and Other     06/14/90  05/02/91, 56 FR 20140...........
                      Appearances Before
                      Board.
Sect. .0206........  Opinions Not Binding..   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                       Section .0300 Remedies for Enforcement of Standards--Special Orders
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Applicability.........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0302........  Issuance..............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0303........  Definitions...........   06/14/90  05/02/91, 56 FR 2014............
Sect. 0304.........  Categories of Sources.   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0305........  Enforcement Procedures   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0306........  Required Procedures      06/14/90  05/02/91, 56 FR 20140...........
                      for Issuance of
                      Special Orders by
                      Consent and Special
                      Orders.
Sect. .0307........  Documentation for        06/14/90  05/02/91, 56 FR 20140...........
                      Special Orders.
Sect. .0308........  Public Hearing........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0309........  Compliance Bonds......   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                             Section .0400 Forsyth County Air Quality Technical Code
----------------------------------------------------------------------------------------------------------------
Sect. .0401........  Adopted...............   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 3B Relationship to State Code
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  In General............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0102........  Air Pollution Control    06/14/90  05/02/91, 56 FR 20140...........
                      Requirements
                      (Subchapter 3D).
Sect. .0103........  Air Quality Permits      06/14/90  05/02/91, 56 FR 20140...........
                      (Subchapter 3Q).
----------------------------------------------------------------------------------------------------------------
                                Subchapter 3D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
                                    Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Definitions...........    11/6/98  02/17/00, 65 FR 8093............
Sect. .0103........  Copies Referenced        06/14/90  05/02/91, 56 FR 20140...........
                      Federal Regulations.
Sect. .0104........  Incorporation by         05/24/99  10/22/02, 67 FR 64994...........
                      Reference.
----------------------------------------------------------------------------------------------------------------
                                       Section .0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Sect. .0201........  Classification of Air    06/14/90  05/02/91, 56 FR 20140...........
                      Pollution Sources.
Sect. .0202........  Registration of Air      06/14/90  05/02/91, 56 FR 20140...........
                      Pollution Sources.
----------------------------------------------------------------------------------------------------------------
                                     Section .0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Purpose...............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0302........  Episode Criteria......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0303........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plans.
Sect. .0304........  Preplanned Abatement     06/14/90  05/02/91, 56 FR 20140...........
                      Program.
Sect. .0305........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plan: Alert Level.
Sect. .0306........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plan: Warning Level.
Sect. .0307........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plan: Emergency Level.
----------------------------------------------------------------------------------------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0401........  Purpose...............   06/14/90  05/02/91, 56 FR 20140...........

[[Page 611]]

 
Sect. .0402........  Sulfur Oxides.........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0403........  Total Suspended          06/14/90  05/02/91, 56 FR 20140...........
                      Particulates.
Sect. .0404........  Carbon Monoxide.......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0405........  Ozone.................   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0407........  Nitrogen Dioxide......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0408........  Lead..................   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0409........  PM 10 Particulate        06/14/90  05/02/91, 56 FR 20140...........
                      Matter.
Sect. .0410........  PM 2.5 Particulate       05/24/99  10/22/02, 67 FR 64994...........
                      Matter.
----------------------------------------------------------------------------------------------------------------
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0501........  Compliance With          05/24/99  10/22/02, 67 FR 64994...........
                      Emission Control
                      Standards.
Sect. .0502........  Purpose...............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0503........  Particulates From Fuel   05/24/99  10/22/02, 67 FR 64994...........
                      Burning Indirect Heat
                      Exchangers.
Sect. .0504........  Particulates from Wood   07/22/02  9/16/03, 68 FR 54166............  Repealed.
                      Burning Indirect Heat
                      Exchangers.
Sect. .0506........  Particulates from Hot     11/6/98  02/17/00, 65 FR 8053............
                      Mix Asphalt Plants.
Sect. .0507........  Particulates from         11/6/98  02/17/00, 65 FR 20140...........
                      Chemical Fertilizer
                      Manufacturing Plants.
Sect. .0508........  Particulates from Pulp    11/6/98  2/17/00, 65 FR 8053.............
                      and Paper Mills.
Sect. .0509........  Particulates from MICA    11/6/98  2/17/00, 65 FR 8053.............
                      or FELDSPAR
                      Processing Plants.
Sect. .0510........  Particulates from         11/6/98  2/17/00, 65 FR 8053.............
                      Sand, Gravel, or
                      Crushed Stone
                      Operations.
Sect. .0511........  Particulates from         11/6/98  2/17/00, 65 FR 8053.............
                      Lightweight Aggregate
                      Processes.
Sect. .0512........  Particulates from Wood    11/6/98  2/17/00, 65 FR 8053.............
                      Products Finishing
                      Plants.
Sect. .0513........  Particulates From        06/14/90  05/02/91, 56 FR 20140...........
                      Portland Cement
                      Plants.
Sect. .0514........  Particulates From        06/14/90  05/02/91, 56 FR 20140...........
                      Ferrous Jobbing
                      Foundries.
Sect. .0515........  Particulates from         11/6/98  2/17/00, 65 FR 8053.............
                      Miscellaneous
                      Industrial Processes.
Sect. .0516........  Sulfur Dioxide            11/6/98  2/17/00, 65 FR 8053.............
                      Emissions from
                      Combustion Sources.
Sect. .0517........  Emissions from Plants     11/6/98  2/17/00, 65 FR 8053.............
                      Producing Sulfuric
                      Acid.
Sect. .0519........  Control of Nitrogen      06/14/90  05/02/91, 56 FR 20140...........
                      Dioxide and Nitrogen
                      Oxides Emissions.
Sect. .0521........  Control of Visible        11/6/98  2/17/00, 65 FR 8053.............
                      Emissions.
Sect. .0522........  Control and              06/14/90  05/02/91, 56 FR 20140...........
                      Prohibition of
                      Odorous Emissions.
Sect. .0524........  New Source Performance   06/14/90  05/02/91, 56 FR 20140...........
                      Standards.
Sect. .0527........  Emissions from           06/14/90  05/02/91, 56 FR 20140...........
                      Spodumene Ore
                      Roasting.
Sect. .0528........  Total Reduced Sulfur     06/14/90  05/02/91, 56 FR 20140...........
                      from Kraft Pulp Mills.
Sect. .0529........  Fluoride Emissions       06/14/90  05/02/91, 56 FR 20140...........
                      from Primary
                      Aluminum24 Reduction
                      Plants.
Sect. .0530........  Prevention of            10/10/97  12/31/98 63 FR 72190............
                      Significant
                      Deterioration.
Sect. .0531........  Sources in                11/6/98  2/17/00 65 FR 8053..............
                      Nonattainment Areas.
Sect. .0532........  Sources Contributing     06/14/90  05/02/91, 56 FR 20140...........
                      to an Ambient
                      Violation.
Sect. .0533........  Stack Heights.........     06/14/  05/02/91, 56 FR 20140...........
                                                  1990
Sect. .0534........  Fluoride Emissions       06/14/90  05/02/91, 56 FR 20140...........
                      From Phosphate
                      Fertilizer Industry.
Sect. .0535........  Excess Emissions          11/6/98  2/17/00 65 FR 8053..............
                      Reporting and
                      Malfunctions.
Sect. .0536........  Particulate Emissions    06/14/90  05/02/91, 56 FR 20140...........
                      From Electric Utility
                      Boilers.
Sect. .0537........  Control of Mercury       06/14/90  05/02/91, 56 FR 20140...........
                      Emissions.
Sect. .0538........  Control of Ethylene      06/14/90  05/02/91, 56 FR 20140...........
                      Oxide Emissions.

[[Page 612]]

 
Sect. .0539........  Odor Control of Feed     06/14/90  05/02/91, 56 FR 20140...........
                      Ingredient
                      Manufacturing Plants.
Sect. .0540........  Particulates from        06/14/90  05/02/91, 56 FR 20140...........
                      Fugitive Non-Process
                      Dust Emission Sources.
Sect. .0541........  Control of Emissions     06/14/90  05/02/91, 56 FR 20140...........
                      from Abrasive
                      Blasting.
Sect. .0542........  Control of Particulate   06/14/90  05/02/91, 56 FR 20140...........
                      Emissions from Cotton
                      Ginning Operations.
Sect. .0542........  Control of Particulate    7/22/02  9/16/03, 68 FR 54166............  Repealed.
                      Emissions from Cotton
                      Ginning Operations.
----------------------------------------------------------------------------------------------------------------
                               Section .0600 Monitoring: Recordkeeping: Reporting
----------------------------------------------------------------------------------------------------------------
Sect. .0601........  Purpose and Scope.....   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0602........  Definitions...........   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0604........  Exceptions to            05/24/99  10/22/02, 67 FR 64994...........
                      Monitoring and
                      Reporting
                      Requirements.
Sect. .0605........  General Recordkeeping    05/24/99  10/22/02, 67 FR 64994...........
                      and Reporting
                      Requirements.
Sect. .0606........  Sources Covered By       05/24/99  10/22/02, 67 FR 64994...........
                      Appendix P of 40 CFR
                      Part 51.
Sect. .0607........  Large Wood and Wood-     05/24/99  10/22/02, 67 FR 64994...........
                      fossil Fuel
                      Combination Units.
Sect. .0611........  Monitoring Emissions     05/24/99  10/22/02, 67 FR 64994...........
                      From Other Sources.
Sect. .0612........  Alternative Monitoring   05/24/99  10/22/02, 67 FR 64994...........
                      and Reporting
                      Procedures.
Sect. .0613........  Quality Assurance        05/24/99  10/22/02, 67 FR 64994...........
                      Program.
Sect. .0614........  Compliance Assurance     05/24/99  10/22/02, 67 FR 64994...........
                      Monitoring.
Sect. .0615........  Delegation............   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                                     Section .0800 Transportation Facilities
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   06/14/90  05/02/91 56 FR 20140............
Sect. .0802........  Definitions...........   06/14/00  05/02/91, 56 FR 20140...........
Sect. .0803........  Highway Projects......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0804........  Airport Facilities....   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0805........  Parking Facilities....   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0806........  Ambient Monitoring and   06/14/90  05/02/91, 56 FR 20140...........
                      Modeling Analysis.
----------------------------------------------------------------------------------------------------------------
                                    Section .0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Sect. .0901........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0902........  Applicability.........   10/10/97  12/31/98, 63 FR 72190...........
Sect. .0903........  Recordkeeping:           05/24/99  10/22/02, 67 FR 64994...........
                      Reporting: Monitoring.
Sect. .0906........  Circumvention.........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0909........  Compliance Schedules      11/6/98  2/17/00, 65 FR 8053.............
                      for Sources in New
                      Nonattainment Areas.
Sect. .0912........  General Provisions on    06/14/90  05/02/91, 56 FR 20140...........
                      Test Methods and
                      Procedures.
Sect. .0913........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Volatile Content of
                      Surface Coatings.
Sect. .0914........  Determination of VC       11/6/98  2/17/00, 65 FR 8053.............
                      Emission Control
                      System Efficiency.
Sect. .0915........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Solvent Metal
                      Cleaning VOC
                      Emissions.
Sect. .0916........  Determination: VOC       06/14/90  05/02/91, 56 FR 20140...........
                      Emissions from Bulk
                      Gasoline Terminals.
Sect. .0917........  Automobile and Light-    06/14/90  05/02/91, 56 FR 20140...........
                      Duty Truck
                      Manufacturing.
Sect. .0918........  Can Coating...........     06/14/  05/02/91, 56 FR 20140...........
                                                  1990
Sect. .0919........  Coil Coating..........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0920........  Paper Coating.........   06/14/90  05/02/91, 56 FR 20140...........

[[Page 613]]

 
Sect. .0921........  Fabric and Vinyl         06/14/90  05/02/91, 56 FR 20140...........
                      Coating.
Sect. .0922........  Metal Furniture          06/14/90  05/02/91, 56 FR 20140...........
                      Coating.
Sect. .0923........  Surface Coating of       06/14/90  05/02/91, 56 FR 20140...........
                      Large Appliances.
Sect. .0924........  Magnet Wire Coating...   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0925........  Petroleum Liquid         06/14/90  05/02/91, 56 FR 20140...........
                      Storage in Fixed Roof
                      Tanks.
Sect. .0926........  Bulk Gasoline Plants..   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0927........  Bulk Gasoline             7/22/02  9/16/03, 68 FR 54166............
                      Terminals.
Sect. .0928........  Gasoline Service         06/14/90  05/02/91, 56 FR 20140...........
                      Stations Stage I.
Sect. .0930........  Solvent Metal Cleaning   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0931........  Cutback Asphalt.......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0932........  Gasoline Truck Tanks      7/22/02  9/16/03, 68 FR 54166............
                      and Vapor Collection
                      Systems.
Sect. .0933........  Petroleum Liquid         06/14/90  05/02/91, 56 FR 20140...........
                      Storage in External
                      Floating Roof Tanks.
Sect. .0934........  Coating of               06/14/90  05/02/91, 56 FR 20140...........
                      Miscellaneous Metal
                      Parts and Products.
Sect. .0935........  Factory Surface          06/14/90  05/02/91, 56 FR 20140...........
                      Coating of Flat Wood
                      Paneling.
Sect. .0936........  Graphic Arts..........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0937........  Manufacture of           06/14/90  05/02/91, 56 FR 20140...........
                      Pneumatic Rubber
                      Tires.
Sect. .0939........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Volatile Organic
                      Compound Emissions.
Sect. .0940........  Determination of Leak    06/14/90  05/02/91, 56 FR 20140...........
                      Tightness and Vapor
                      Leaks.
Sect. .0941........  Alternative Method for   06/14/90  05/02/91, 56 FR 20140...........
                      Leak Tightness.
Sect. .0942........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Solvent in Filter
                      Waste.
Sect. .0943........  Synthetic Organic        06/14/90  05/02/91, 56 FR 20140...........
                      Chemical and Polymer
                      Manufacturing.
Sect. .0944........  Manufacture of           06/14/90  05/02/91, 56 FR 20140...........
                      Polyethelene,
                      Polypropylene and
                      Polystyrene.
Sect. .0945........  Petroleum Dry Cleaning   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0947........  Manufacture of           06/14/90  05/02/91, 56 FR 20140...........
                      Sythesized
                      Pharmaceutical
                      Products.
Sect. .0948........  VOC Emissions from       06/14/90  05/02/91, 56 FR 20140...........
                      Transfer Operations.
Sect. .0949........  Storage of               06/14/90  05/02/91, 56 FR 20140...........
                      Miscellaneous
                      Volatile Organic
                      Compounds.
Sect. .0951........  Miscellaneous Volatile   06/14/90  05/02/91, 56 FR 20140...........
                      Organic Compound
                      Emissions.
Sect. .0952........  Petition for             11/29/95  5/23/96, 61 FR 25789............
                      Alternative Controls.
Sect. .0953........  Vapor Return Piping       11/6/98  2/17/00, 65 FR 8053.............
                      for Stage II Vapor
                      Recovery.
Sect. .0954........  Stage II Vapor           10/10/97  12/31/98, 63 FR 72190...........
                      Recovery.
Sect. .0955........  Thread Bonding           11/29/95  5/23/96, 61 FR 25789............
                      Manufacturing.
Sect. .0956........  Glass Christmas          11/29/95  5/23/96, 61 FR 25789............
                      Ornament
                      Manufacturing.
Sect. .0957........  Commercial Bakeries...   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0958........  Work Practices for       06/14/90  05/02/91, 56 FR 20140...........
                      Sources of Volatile
                      Organic Compounds.
----------------------------------------------------------------------------------------------------------------
                           Section .1200 Control of Emissions from Incinerators 111(a)
----------------------------------------------------------------------------------------------------------------
Sect. .1201........  Purpose and Scope.....   06/14/90  05/02/91, 56 FR 20140...........
Sect. .1202........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                                           Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect. .1901........  Purpose, Scope, and      07/01/96  08/01/97, 62 FR 41277...........
                      Impermissible Open
                      Burning.
Sect. .1902........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .1903........  Permissible Open         10/25/99  08/08/02, 67 FR 51763...........
                      Burning.
Sect. .1904........  Air Curtain Burners...   06/14/90  05/02/91, 56 FR 20140...........
Sect. .1905........  Office Location.......   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------

[[Page 614]]

 
                                        Subchapter 3Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Required Air Quality      11/6/98  2/17/00, 65 FR 8053.............
                      Permits.
Sect. .0102........  Activities Exempted       7/22/02  9/16/03, 68 FR 54166............
                      From Permit
                      Requirements.
Sect. .0103........  Definitions...........   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0104........  Where to Obtain and      10/10/97  12/31/98, 63 FR 72190...........
                      File Permit
                      Applications.
Sect. .0107........  Confidential             05/24/99  10/22/02, 67 FR 64994...........
                      Information.
----------------------------------------------------------------------------------------------------------------
                                            Section .0200 Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect. .0207........  Annual Emissions          11/6/98  2/17/00, 65 FR 8053.............
                      Reporting.
----------------------------------------------------------------------------------------------------------------
                                 Section .0300 Construction and Operation Permit
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Applicability.........    11/6/98  2/17/00, 65 FR 8053.............
Sect. .0302........  Facilities Not Likely     11/6/98  2/17/00, 65 FR 8053.............
                      to Contravene
                      Demonstration.
Sect. .0303........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0304........  Applications..........   07/01/99  10/22/02, 67 FR 64994...........
Sect. .0305........  Application Submittal    06/14/90  05/02/91, 56 FR 20140...........
                      Content.
Sect. .0306........  Permits Requiring        07/01/99  10/22/02, 67 FR 64994...........
                      Public Participation.
Sect. .0307........  Public Participation     10/10/97  12/31/98, 63 FR 72190...........
                      Procedures.
Sect. .0308........  Final Action on Permit   03/14/95  02/01/96, 61 FR 3586............
                      Applications.
Sect. .0309........  Termination,             07/01/99  10/22/02, 67 FR 64994...........
                      Modification and
                      Revocation of Permits.
Sect. .0310........  Permitting of Numerous   06/14/90  05/02/91,56 FR 20140............
                      Similar Facilities.
Sect. .0311........  Permitting of            06/14/90  05/02/91, 56 FR 20140...........
                      Facilities at
                      Multiple Temporary
                      Site.
Sect. .0312........  Application Processing    11/6/98  2/17/00, 65 FR 8053.............
                      Schedule.
Sect. .0314........  General Permit           05/24/99  10/22/02, 67 FR 64994...........
                      Requirements.
Sect. .0315........  Synthetic Minor          07/01/99  10/22/02, 67 FR 64994...........
                      Facilities.
----------------------------------------------------------------------------------------------------------------
                                        Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0802........  Gasoline Service         06/14/90  05/02/91, 56 FR 20140...........
                      Stations and
                      Dispensing Facilities.
Sect. .0803........  Coating, Solvent         05/24/99  12/31/98, 63 FR 72193...........
                      Cleaning, Graphic
                      Arts Operations.
Sect. .0804........  Dry Cleaning             06/14/90  05/02/91, 56 FR 20140...........
                      Facilities.
Sect. .0805........  Grain Elevators.......    11/6/98  02/17/00, 65 FR 8093............
Sect. .0806........  Cotton Gins...........    11/6/98  02/17/00, 65 FR 8093............
Sect. .0807........  Emergency Generators..    11/6/98  02/17/00, 65 FR 8093............
Sect. .0808........  Peak Shaving             07/01/99  10/22/02, 67 FR 64990...........
                      Generators.
----------------------------------------------------------------------------------------------------------------


                              Table 3--EPA Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation                 Title/subject        effective    EPA approval date        Comments
                                                                date
----------------------------------------------------------------------------------------------------------------
  Article 1.000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
                                    Sources, Title V and Toxic Air Pollutants
----------------------------------------------------------------------------------------------------------------
                              Section 1.5100 General Provisions and Administrations
----------------------------------------------------------------------------------------------------------------
1.5101..........................  Declaration of Policy...   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5102..........................  Definition of Terms.....   11/21/2000  10/22/02, 67 FR
                                                                          64999.
1.5103..........................  Enforcement Agency......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5104..........................  General Duties and         06/14/1990  05/02/91, 56 FR
                                   Powers of the Director,                20140.
                                   With the Approval of
                                   the Board.

[[Page 615]]

 
1.5111..........................  General Recordkeeping,       07/01/96  06/30/03, 68 FR
                                   Reporting and                          38632.
                                   Monitoring Requirements.
----------------------------------------------------------------------------------------------------------------
                                       Section 1.5200 Air Quality Permits
----------------------------------------------------------------------------------------------------------------
1.5210..........................  Purpose and Scope.......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5211..........................  Applicability...........   11/21/2000  10/22/02, 67 FR
                                                                          64999.
1.5212..........................  Applications............     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5213..........................  Action on Application;       07/01/96  06/30/03, 68 FR
                                   Issuance of Permit.                    38632.
1.5214..........................  Commencement of              07/01/96  06/30/03, 68 FR
                                   Operation.                             38632.
1.5215..........................  Application Processing       07/01/96  06/30/03, 68 FR
                                   Schedule.                              38632.
1.5216..........................  Incorporated By            06/06/1994  07/28/95, 60 FR
                                   Reference.                             38715.
1.5217..........................  Confidential Information   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5218..........................  Compliance Schedule for    06/14/1990  05/02/91, 56 FR
                                   Previously Exempted                    20140.
                                   Activities.
1.5219..........................  Retention of Permit at     06/06/1994  07/28/95, 60 FR
                                   Permitted Facility.                    38715.
1.5220..........................  Applicability              06/14/1990  05/02/91, 56 FR
                                   Determinations.                        20140.
1.5221..........................  Permitting of Numerous     06/06/1994  07/28/95, 60 FR
                                   Similar Facilities.                    38715.
1.5222..........................  Permitting of Facilities   06/06/1994  07/28/95, 60 FR
                                   at Multiple Temporary                  38715.
                                   Sites.
1.5230..........................  Permitting Rules and       06/14/1990  05/02/91, 56 FR
                                   Procedures.                            20140.
1.5231..........................  Permit Fees.............     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5232..........................  Issuance, Revocation,        07/01/96  06/30/03, 68 FR
                                   and Enforcement of                     38632.
                                   Permits.
1.5234..........................  Hearings................   06/06/1994  07/28/95, 60 FR
                                                                          38715.
1.5235..........................  Expedited Application      06/14/1990  05/02/91, 56 FR
                                   Processing Schedule.                   20140.
----------------------------------------------------------------------------------------------------------------
                             Section 1.5300 Enforcement; Variances; Judicial Review
----------------------------------------------------------------------------------------------------------------
1.5301..........................  Special Enforcement        06/14/1990  05/02/91, 56 FR
                                   Procedures.                            20140.
1.5302..........................  Criminal Penalties......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5303..........................  Civil Injunction........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5304..........................  Civil Penalties.........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5305..........................  Variances...............     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5306..........................  Hearings................     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5307..........................  Judicial Review.........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------
                                Section 1.5600 Transportation Facility Procedures
----------------------------------------------------------------------------------------------------------------
1.5604..........................  Public Participation....     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5607..........................  Application Processing       07/01/96  06/30/03, 68 FR
                                   Schedule.                              38632.
----------------------------------------------------------------------------------------------------------------
                         Article 2.0000 Air Pollution Control Regulations and Procedures
                                    Section 2.0100 Definitions And References
----------------------------------------------------------------------------------------------------------------
2.0101..........................  Definitions.............   06/14/1990  05/02/91, 56 FR
                                                                          20140.

[[Page 616]]

 
2.0104..........................  Incorporated By            06/14/1990  05/02/91, 56 FR
                                   Reference.                             20140.
----------------------------------------------------------------------------------------------------------------
                                      Section 2.0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
2.0201..........................  Classification of Air      06/14/1990  05/02/91, 56 FR
                                   Pollution Sources.                     20140.
2.0202..........................  Registration of Air        06/14/1990  05/02/91, 56 FR
                                   Pollution Sources.                     20140.
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
2.0301..........................  Purpose.................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0302..........................  Episode Criteria........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0303..........................  Emission Reduction Plans   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0304..........................  Preplanned Abatement       06/14/1990  05/02/91, 56 FR
                                   Program.                               20140.
2.0305..........................  Emission Reduction Plan:   06/14/1990  05/02/91, 56 FR
                                   Alert Level.                           20140.
2.0306..........................  Emission Reduction Plan:   06/14/1990  05/02/91, 56 FR
                                   Warning Level.                         20140.
2.0307..........................  Emission Reduction Plan:   06/14/1990  05/02/91, 56 FR
                                   Emergency Level.                       20140.
----------------------------------------------------------------------------------------------------------------
                                  Section 2.0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
2.0401..........................  Purpose.................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0402..........................  Sulfur Oxides...........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0403..........................  Total Suspended            06/14/1990  05/02/91, 56 FR
                                   Particulates.                          20140.
2.0404..........................  Carbon Monoxide.........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0405..........................  Ozone...................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0407..........................  Nitrogen Dioxide........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0408..........................  Lead....................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0409..........................  PM10 Particulate Matter.   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
2.0501..........................  Compliance With Emission   06/14/1990  05/02/91, 56 FR
                                   Control Standards.                     20140.
2.0502..........................  Purpose.................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0503..........................  Particulates from Fuel     06/14/1990  05/02/91, 56 FR
                                   Burning Indirect Heat                  20140.
                                   Exchangers.
2.0504..........................  Particulates from Wood     06/14/1990  05/02/91, 56 FR
                                   Burning Indirect Heat                  20140.
                                   Exchangers.
2.0506..........................  Particulates from Hot      06/14/1990  05/02/91, 56 FR
                                   Mix Asphalt Plants.                    20140.
2.0507..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Chemical Fertilizer                    20140.
                                   Manufacturing Plants.
2.0508..........................  Particulates from Pulp     06/14/1990  05/02/91, 56 FR
                                   and Paper Mills.                       20140.
2.0509..........................  Particulates from Mica     06/14/1990  05/02/91, 56 FR
                                   or Feldspar Processing                 20140.
                                   Plants.
2.0510..........................  Particulates from Sand,    06/14/1990  05/02/91, 56 FR
                                   Gravel, or Crushed                     20140.
                                   Stone Operations.
2.0511..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Lightweight Aggregate                  20140.
                                   Processes.
2.0512..........................  Particulates from Wood     06/14/1990  05/02/91, 56 FR
                                   Products Finishing                     20140.
                                   Plants.
2.0513..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Portland Cement Plants.                20140.

[[Page 617]]

 
2.0514..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Ferrous Jobbing                        20140.
                                   Foundries.
2.0515..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Miscellaneous                          20140.
                                   Industrial Processes.
2.0516..........................  Sulfur Dioxide Emissions   06/14/1990  05/02/91, 56 FR
                                   from Combustion Sources.               20140.
2.0517..........................  Emissions From Plants      06/14/1990  05/02/91, 56 FR
                                   Producing Sulfuric Acid.               20140.
2.0518..........................  Miscellaneous Volatile     11/21/2000  10/22/02, 67 FR
                                   Organic Compound                       64999.
                                   Emissions.
2.0519..........................  Control of Nitrogen        06/14/1990  05/02/91, 56 FR
                                   Dioxide and Nitrogen                   20140.
                                   Oxides Emissions.
2.0523..........................  Control of Conical         11/21/2000  10/22/02, 67 FR
                                   Incinerators.                          64999.
2.0527..........................  Emissions from Spodumene   06/14/1990  05/02/91, 56 FR
                                   Ore Roasting.                          20140.
2.0530..........................  Prevention of              06/14/1990  05/02/91, 56 FR
                                   Significant                            20140.
                                   Deterioration.
2.0531..........................  Sources in Nonattainment   06/14/1990  05/02/91, 56 FR
                                   Areas.                                 20140.
2.0532..........................  Sources Contributing to    06/14/1990  05/02/91, 56 FR
                                   an Ambient Violation.                  20140.
2.0533..........................  Stack Height............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0535..........................  Excess Emissions           06/14/1990  05/02/91, 56 FR
                                   Reporting and                          20140.
                                   Malfunctions.
2.0538..........................  Control of Ethylene        06/14/1990  05/02/91, 56 FR
                                   Oxide Emissions.                       20140.
2.0539..........................  Odor Control of Feed       06/14/1990  05/02/91, 56 FR
                                   Ingredient                             20140.
                                   Manufacturing Plants.
----------------------------------------------------------------------------------------------------------------
                               Section 2.0600 Monitoring: Recordkeeping: Reporting
----------------------------------------------------------------------------------------------------------------
2.0601..........................  Purpose and Scope.......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0602..........................  Definitions.............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0604..........................  Exceptions to Monitoring   06/14/1990  05/02/91, 56 FR
                                   and Reporting                          20140.
                                   Requirements.
2.0605..........................  General Recordkeeping      06/14/1990  05/02/91, 56 FR
                                   and Reporting                          20140.
                                   Requirements.
2.0606..........................  Sources Covered by         06/14/1991  05/02/91, 56 FR
                                   Appendix P of 40 CFR                   20140.
                                   Part 51.
2.0607..........................  Large Wood and Wood-       06/14/1990  05/02/91, 56 FR
                                   Fossil Fuel Combination                20140.
                                   Units.
2.0608..........................  Other Large Coal or        06/14/1990  05/02/91, 56 FR
                                   Residual Oil Burners.                  20140.
2.0610..........................  Delegation Federal         11/21/2000  10/22/02, 67 FR
                                   Monitoring Requirements.               64999.
2.0611..........................  Monitoring Emissions       06/14/1990  05/02/91, 56 FR
                                   From Other Sources.                    20140.
2.0612..........................  Alternative Monitoring     06/14/1990  05/02/91, 56 FR
                                   and Reporting                          20140.
                                   Procedures.
2.0613..........................  Quality Assurance          06/14/1990  05/02/91, 56 FR
                                   Program.                               20140.
2.0614..........................  Compliance Assurance       06/14/1990  05/02/91, 56 FR
                                   Monitoring.                            20140.
2.0615..........................  Delegation..............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0800 Transportation Facilities
----------------------------------------------------------------------------------------------------------------
2.0801..........................  Purpose and Scope.......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0802..........................  Definitions.............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0803..........................  Highway Projects........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0804..........................  Airport Facilities......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------

[[Page 618]]

 
                                    Section 2.0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
2.0901..........................  Definitions.............   03/01/1991  06/23/94, 59 FR
                                                                          32362.
2.0902..........................  Applicability...........   10/16/2004  9/12/07, 72 FR
                                                                          52012.
2.0903..........................  Recordkeeping:             07/01/1991  06/23/94, 59 FR
                                   Reporting: Monitoring.                 32362.
2.0906..........................  Circumvention...........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0907..........................  Equipment Installation     06/14/1990  05/02/91, 56 FR
                                   Compliance Schedule.                   20140.
2.0909..........................  Compliance Schedules for   06/14/1990  05/02/91, 56 FR
                                   Sources In New                         20140.
                                   Nonattainment Areas.
2.0910..........................  Alternate Compliance       06/14/1990  05/02/91, 56 FR
                                   Schedule.                              20140.
2.0912..........................  General Provisions on      07/01/1991  06/23/94, 59 FR
                                   Test Methods and                       32362.
                                   Procedures.
2.0913..........................  Determination of           03/01/1991  06/23/94, 59 FR
                                   Volatile Content of                    32362.
                                   Surface Coatings.
2.0914..........................  Determination of VOC       06/14/1990  05/02/91, 56 FR
                                   Emission Control System                20140.
                                   Efficiency.
2.0915..........................  Determination of Solvent   06/14/1990  05/02/91, 56 FR
                                   Metal Cleaning VOC                     20140.
                                   Emissions.
2.0916..........................  Determination: VOC         06/14/1990  05/02/91, 56 FR
                                   Emissions From Bulk                    20140.
                                   Gasoline Terminals.
2.0917..........................  Automobile and Light-      06/14/1990  05/02/91, 56 FR
                                   Duty Truck                             20140.
                                   Manufacturing.
2.0918..........................  Can Coating.............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0919..........................  Coil Coating............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0920..........................  Paper Coating...........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0921..........................  Fabric and Vinyl Coating   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0922..........................  Metal Furniture Coating.   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0923..........................  Surface Coating of Large   06/14/1990  05/02/91, 56 FR
                                   Appliances.                            20140.
2.0924..........................  Magnet Wire Coating.....   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0925..........................  Petroleum Liquid Storage   06/14/1990  05/02/91, 56 FR
                                   in Fixed Roof Tanks.                   20140.
2.0926..........................  Bulk Gasoline Plants....   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0927..........................  Bulk Gasoline Terminals.   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0928..........................  Gasoline Service           06/14/1990  05/02/91, 56 FR
                                   Stations Stage I.                      20140.
2.0929..........................  Petroleum Refinery......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0930..........................  Solvent Metal Cleaning..   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0931..........................  Cutback Asphalt.........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0932..........................  Gasoline Truck Tanks and   06/14/1990  05/02/91, 56 FR
                                   Vapor Collection                       20140.
                                   Systems.
2.0933..........................  Petroleum Liquid Storage   10/16/2004  9/12/07, 72 FR
                                   In External Floating                   52012.
                                   Roof Tanks.
2.0934..........................  Coating of Miscellaneous   06/14/1990  05/02/91, 56 FR
                                   Metal Parts and                        20140.
                                   Products.
2.0935..........................  Factory Surface Coating    06/14/1990  05/02/91, 56 FR
                                   of Flat Wood Paneling.                 20140.
2.0936..........................  Graphic Arts............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0937..........................  Manufacture of Pneumatic   06/14/1990  05/02/91, 56 FR
                                   Rubber Tires.                          20140.
2.0939..........................  Determination of           06/14/1990  05/02/91, 56 FR
                                   Volatile Organic                       20140.
                                   Compound Emissions.

[[Page 619]]

 
2.0940..........................  Determination of Leak      06/14/1990  05/02/91, 56 FR
                                   Tightness and Vapor                    20140.
                                   Leaks.
2.0941..........................  Alternative Method for     06/14/1990  05/02/91, 56 FR
                                   Leak Tightness.                        20140.
2.0942..........................  Determination of Solvent   06/14/1990  05/02/91, 56 FR
                                   in Filter Waste.                       20140.
2.0943..........................  Synthetic Organic          06/14/1990  05/02/91, 56 FR
                                   Chemical and Polymer                   20140.
                                   Manufacturing.
2.0944..........................  Manufacture of             06/14/1990  05/02/91, 56 FR
                                   Polyethylene,                          20140.
                                   Polypropylene and
                                   Polystyrene.
2.0945..........................  Petroleum Dry Cleaning..   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------

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

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        State       EPA approval       Federal Register
            Provision              effective date       date               citation              Explanation
----------------------------------------------------------------------------------------------------------------
Capital Area, North Carolina             1/1/2002      12/27/2002  67 FR 78986.
 Interagency Transportation
 Conformity Memorandum of
 Agreement.
Durham-Chapel Hill Interagency           1/1/2002      12/27/2002  67 FR 78986.
 Transportation Conformity
 Memorandum of Agreement.
Winston-Salem Interagency               1/01/2002      12/27/2002  67 FR 78986.
 Transportation Conformity
 Memorandum of Agreement.
High Point Interagency                  1/01/2002      12/27/2002  67 FR 78986.
 Transportation Conformity
 Memorandum of Agreement.
Greensboro Interagency                  1/01/2002      12/27/2002  67 FR 78986.
 Transportation Conformity
 Memorandum of Agreement.
Gaston, North Carolina                   1/1/2002        12/27/02  67 FR 78986.
 Interagency Transportation
 Conformity Memorandum of
 Agreement.
Mecklenburg-Union Interagency            8/7/2003       9/15/2003  68 FR 53887.
 Transportation Conformity
 Memorandum of Agreement.
10 Year Maintenance Plan Update          6/4/2004       9/20/2004  69 FR 56163.
 for the Raleigh/Durham Area.
10 Year Maintenance Plan Update          6/4/2004       9/20/2004  69 FR 56163.
 for the Greensboro/Winston-Salem/
 High Point Area.
Attainment Demonstration of the        12/21/2004       9/21/2005  70 FR 48874.
 Mountain, Unifour, Triad and
 Fayetteville Early Action
 Compact Areas.
Charlotte, Raleigh-Durham, and            3/18/05         3/24/06  71 FR 14817.
 Winston-Salem Carbon Monoxide
 Second 10-Year Maintenance Plan.

[[Page 620]]

 
8-Hour Ozone Maintenance plan for       6/19/2006       11/6/2006  71 FR 64891.
 the Rocky Mount, North Carolina
 area (Edgecombe and Nash
 Counties).
8-Hour Ozone Maintenance plan for        6/7/2007      12/26/2007  72 FR 72948.
 the Raleigh-Durham-Chapel Hill,
 North Carolina area (Durham,
 Franklin, Granville, Johnston,
 Orange, Person and Wake Counties
 in their entireties, and
 Baldwin, Center, New Hope and
 Williams Townships in Chatham
 County).
1-Hour Ozone Maintenance plan            2/4/2008        4/8/2008  73 FR 18963.
 revision for the Greensboro/
 Winston-Salem/High Point area
 (Davidson, Forsyth, and Guilford
 counties and a portion of Davie
 County).
8-Hour Ozone Maintenance Plan for       7/24/2009      12/07/2009  74 FR 63995.
 the Great Smoky Mountains
 National Park Area.
1997 Annual PM2.5 Maintenance          12/18/2009      11/18/2011  76 FR 71452.
 Plan for the Hickory, North
 Carolina Area (Catawba County).
1997 Annual PM2.5 Maintenance          12/22/2010      11/18/2011  76 FR 71452.
 Plan for the Hickory, North
 Carolina Area--MOVES Update.
1997 Annual PM2.5 Maintenance          12/18/2009      11/18/2011  76 FR 71455.
 Plan for the Greensboro, North
 Carolina Area (Davidson and
 Guilford Counties).
1997 Annual PM2.5 Maintenance          12/22/2010      11/18/2011  76 FR 71455.
 Plan for the Greensboro, North
 Carolina Area--MOVES Update.
North Carolina 110(a)(1) and (2)       12/12/2007        2/6/2012  77 FR 5703.
 Infrastructure Requirements for
 the 1997 8-Hour Ozone National
 Ambient Air Quality Standards.
1997 8-Hour Ozone 110(a)(1)             4/13/2011       3/26/2012  76 FR 3611.
 Maintenance Plan for the Triad
 Area.
Supplement to 110(a)(1)                 5/18/2011       3/26/2012  76 FR 3611.
 Maintenance Plan for the Triad
 Area.
North Carolina portion of bi-          11/12/2009        5/4/2012  77 FR 26441.
 state Charlotte; 1997 8-Hour
 Ozone 2002 Base Year Emissions
 Inventory.
Regional Haze Plan...............      11/17/2007       6/27/2012  77 FR 38185.
110(a)(1) and (2) Infrastructure         4/1/2008      10/16/2012  77 FR 63238.............  With the exception
 Requirements for 1997 Fine                                                                   of section
 Particulate Matter National                                                                  110(a)(2)(D)(i).
 Ambient Air Quality Standards.                                                               With respect to
                                                                                              sections
                                                                                              110(a)(2)(C)
                                                                                              related to PSD
                                                                                              requirements,
                                                                                              110(a)(2)(E)(ii)
                                                                                              and 110(a)(2)(J)
                                                                                              related to PSD
                                                                                              requirements, EPA
                                                                                              conditionally
                                                                                              approved these
                                                                                              requirements.

[[Page 621]]

 
110(a)(1) and (2) Infrastructure        9/21/2009      10/16/2012   77 FR 63238............  With the exception
 Requirements for 2006 Fine                                                                   of section
 Particulate Matter National                                                                  110(a)(2)(D)(i).
 Ambient Air Quality Standards.                                                               With respect to
                                                                                              sections
                                                                                              110(a)(2)(C)
                                                                                              related to PSD
                                                                                              requirements,
                                                                                              110(a)(2)(E)(ii)
                                                                                              and 110(a)(2)(J)
                                                                                              related to PSD
                                                                                              requirements, EPA
                                                                                              conditionally
                                                                                              approved these
                                                                                              requirements.
MVEB Update for the Redesignation     February 7,        11/26/12  77 FR 59335.............
 and Maintenance Plan for the                2011
 Rocky Mount, NC Area for the
 1997 8-hour Ozone Standard.
1997 8-hour ozone reasonable             11/30/09        10/12/12  77 FR 62166.............
 further progress plan for North
 Carolina portion of the bi-state
 Charlotte Area.
----------------------------------------------------------------------------------------------------------------


[64 FR 27467, May 20, 1999]

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

    Effective Date Notes: 1. At 78 FR 28749, May 16, 2013, Sec. 52.1770 
was amended in paragraph (c), under Table 1, at Subchapter 2D Air 
Pollution Control Requirements, Section .0400 Ambient Air Quality 
Standards by revising the entries for ``.0405,'' ``.0408,'' ``.0409'' 
and ``.0410'' to read as follows: effective July 15, 2013. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 52.1770  Identification of plan.

                                * * * * *

    (c)* * *

                                     EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section .0405....................  Ozone..............        1/1/2010  5/16/2013 [Insert
                                                                         citation of
                                                                         publication].
 
                                                  * * * * * * *
Section .0408....................  Lead...............        1/1/2010  5/16/2013 [Insert
                                                                         citation of
                                                                         publication].
Section .0409....................  Particulate Matter.        1/1/2010  5/16/2013 [Insert
                                                                         citation of
                                                                         publication].
Section .0410....................  PM2.5 Particulate          1/1/2010  5/16/2013 [Insert
                                    Matter.                              citation of
                                                                         publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *

    2. At 78 FR 37122, June 20, 2013, Sec. 52.1770(e) was amended by 
adding a new entry for ``8-Hour Carbon Monoxide Limited Maintenance Plan 
for Charlotte, Raleigh/Durham and Winston-Salem Maintenance Area'' at 
the end of the table, effective July 22, 2013. For

[[Page 622]]

the convenience of the user, the added text is set forth as follows:



Sec. 52.1770  Identification of plan.

                                * * * * *

    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    State effective                        Federal Register
            Provision                    date          EPA approval date       citation           Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Carbon Monoxide Limited    August 2, 2012....  6/20/2013.........  [Insert citation    ..................
 Maintenance Plan for Charlotte,                                           of publication].
 Raleigh/Durham and Winston-
 Salem Maintenance Area.
----------------------------------------------------------------------------------------------------------------



Sec. 52.1771  Classification of regions.

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

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


[37 FR 10884, May 31, 1972]



Sec. 52.1772  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves North Carolina's plans for the attainment and maintenance of 
the national standards under section 110 of the Clean Air Act. 
Furthermore, the Administrator finds the plans satisfy all requirements 
of Part D, Title I of the Clean Air Act as amended in 1977, except as 
noted below. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the SIP depends on the adoption and 
submittal of RACT requirements by July 1, 1980 for the sources covered 
by CTGs issued between January 1978 and January 1979 and adoption and 
submittal by each subsequent January of additional RACT requirements for 
sources covered by CTGs issued by the previous January.
    (b) New Source review permits issued pursuant to section 173 of the 
Clean Air Act will not be deemed valid by EPA unless the provisions of 
Section V of the Emission Offset (Interpretative Rule) published on 
January 16, 1979 (44 FR 3274) are met.

[45 FR 26043, Apr. 17, 1980, as amended at 75 FR 82558, Dec. 30, 2010; 
76 FR 64244, Oct. 18, 2011]



Sec. 52.1773  Conditional approval.

    (a) Conditional Approval--Submittal from the State of North 
Carolina,

[[Page 623]]

through the Department of Environment and Natural Resources (NC DENR), 
Division of Air Quality, dated December 12, 2007, to address the Clean 
Air Act (CAA) infrastructure requirements for the 1997 ozone National 
Ambient Air Quality Standards. On January 11, 2012, NC DENR supplemented 
their December 12, 2007, submission with a commitment to address the 
requirements of CAA section 110(a)(2)(E)(ii) of the CAA which requires 
state compliance with section 128 of the CAA. EPA is conditionally 
approving North Carolina's submittal with respect to CAA section 
110(a)(2)(E)(ii).
    (b) North Carolina submitted a letter to EPA on July 10, 2012, with 
a commitment to address the State Implementation Plan deficiencies 
regarding requirements of Clean Air Act sections 110(a)(2)(C) and 
110(a)(2)(J) as they both relate to Prevention of Significant 
Deterioration (PSD) infrastructure requirements for the 1997 annual and 
2006 24-hour fine particulate matter (PM2.5) national ambient 
air quality standards. EPA is conditionally approving North Carolina's 
commitment to address outstanding requirements promulgated in the New 
Source Review (NSR) PM2.5 Rule related to the 
PM2.5 standard for their PSD program and committing to 
providing the necessary SIP revision to address these NSR 
PM2.5 Rule requirements. If North Carolina fails to submit 
these revisions by October 16, 2013, the conditional approval will 
automatically become a disapproval on that date and EPA will issue a 
finding of disapproval.
    (c) North Carolina submitted a commitment letter to EPA on July 10, 
2012, requesting conditional approval of outstanding requirements 
related to the NSR PM2.5 Rule. In this letter, North Carolina 
provided a schedule as to how it will address outstanding requirements 
related to the NSR PM2.5 Rule (including PM2.5 PSD 
Increment-SILs-SMC, as it relates to PM2.5 increments to meet 
the prong 3 requirements of section 110(a)(2)(D)(i)). EPA conditionally 
approved the NSR PM2.5 Rule submission for North Carolina on 
October 16, 2012, (77 FR 63234). If the North Carolina fails to submit 
these revisions by October 16, 2013, the conditional approval will 
automatically become a disapproval on that date and EPA will issue a 
finding of disapproval.

[77 FR 5706, Feb. 6, 2012, as amended at 77 FR 63240, Oct. 16, 2012; 78 
FR 18244, Mar. 26, 2013]



Sec. 52.1774  [Reserved]



Sec. 52.1775  Rules and regulations.

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

[51 FR 32075, Sept. 9, 1986]



Sec. 52.1776  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 North 
Carolina on December 17, 2007, 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]

[77 FR 33658, June 7, 2012]



Sec. 52.1777  [Reserved]



Sec. 52.1778  Significant deterioration of air quality.

    (a)-(b) [Reserved]
    (c) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located or to be located in the 
State of North Carolina shall be submitted to the State agency, North 
Carolina Department of Environment and Natural Resources, Division of 
Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-
1641 or local agencies, Forsyth County Environmental Affairs, 201 North 
Chestnut Street, Winston-Salem, North Carolina 27101 or Forsyth County 
Air Quality Section, 537 North Spruce Street, Winston-Salem, North 
Carolina 27101; Mecklenburg County Land Use & Environmental Services 
Agency, Air Quality, 700 N. Tryon St., Suite 205, Charlotte, North 
Carolina 28202-2236; Western North Carolina Regional Air Quality Agency, 
49 Mount Carmel

[[Page 624]]

Road, Asheville, North Carolina 28806, rather than to EPA's Region 4 
office.

[43 FR 26410, June 19, 1978, as amended at 47 FR 7837, Feb. 23, 1982; 74 
FR 55143, Oct. 27, 2009; 77 FR 23398, Apr. 19, 2012]



Sec. 52.1779  Control strategy: Ozone.

    (a) Determination of attaining data. EPA has determined, as of 
November 15, 2011, the bi-state Charlotte-Gastonia-Rockhill, North 
Carolina-South Carolina 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 standards for as long as this 
area continues to meet the 1997 8-hour ozone NAAQS.
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2008-2010, EPA determined that the Charlotte-Gastonia-Rock Hill, 
North Carolina-South Carolina, 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 Charlotte-Gastonia-Rock Hill, North Carolina-South 
Carolina, 1997 8-hour ozone nonattainment Area is not subject to the 
consequences of failing to attain pursuant to section 181(b)(2).

[76 FR 70659, Nov. 15, 2011, as amended at 77 FR 13494, Mar. 7, 2012]



Sec. 52.1780  VOC rule deficiency correction.

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

[59 FR 32365, June 23, 1994]



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

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

[[Page 625]]

Community Development certified that no emission limits in the State's 
plan are based on dispersion techniques not permitted by EPA's stack 
height rules.
    (e) Determination of Attaining Data. EPA has determined, as of 
January 4, 2010, the Greensboro-Winston-Salem-High Point, North 
Carolina, nonattainment area has attaining data for 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, 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 PM2.5 NAAQS.
    (f) Determination of Attaining Data. EPA has determined, as of 
January 5, 2010, the Hickory-Morganton-Lenoir, North Carolina, 
nonattainment area has attaining data for 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, 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 PM2.5 NAAQS.
    (g) Disapproval. EPA is disapproving portions of North Carolina'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).
    (h) North Carolina submitted a control strategy plan for particulate 
matter entitled, ``An Act to Improve Air Quality in the State by 
Imposing Limits on the Emission of Certain Pollutants from Certain 
Facilities that Burn Coal to Generate Electricity and to Provide for 
Recovery by Electric Utilities of the Costs of Achieving Compliance with 
Those Limits.'' The State expects the resulting emission reductions of 
nitrogen oxides and sulfur dioxide from this control plan will serve as 
a significant step towards meeting the 1997 PM2.5 and 8-hour 
ozone national ambient air quality standards (NAAQS), among other NAAQS, 
improving visibility in the mountains and other scenic vistas, and 
reducing acid rain. The specific approved provisions, submitted on 
August 21, 2009, are paragraphs (a) through (e) of Section 1 of Session 
Law 2002-4, Senate Bill 1078 enacted and state effective on June 20, 
2002. This approval does not include paragraphs (f) through (j) of 
Section 1 of Senate Bill 1078 nor any of Section 2 of Senate Bill 1078.

[45 FR 55425, Aug. 20, 1980, as amended at 53 FR 11071, Apr. 5, 1988; 53 
FR 22488, June 16, 1988; 54 FR 9434, Mar. 7, 1989; 54 FR 13185, Mar. 31, 
1989; 75 FR 56, Jan. 4, 2010; 75 FR 232, Jan. 5, 2010; 75 FR 75626, 
75627, Dec. 6, 2010; 76 FR 43175, July 20, 2011; 76 FR 59251, Sept. 26, 
2011]



Sec. 52.1783  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of North Carolina'' and all revisions submitted by North 
Carolina that were federally approved prior to December 1, 1998.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions to the plan submitted on 
May 5, 1972, by the North Carolina Department of Natural and Economic 
Resources.
    (2) Letter indicating procurement of additional monitors submitted 
on May 9, 1972, by the North Carolina Department of Natural and Economic 
Resources.
    (3) Compliance schedules submitted on February 13, 1973, by the 
North Carolina Department of Natural and Economic Resources.
    (4) Compliance schedules submitted on February 14, 1973, by the 
North Carolina Department of Natural and Economic Resources.
    (5) Compliance schedules submitted on March 2, 1973, by the North 
Carolina Department of Natural and Economic Resources.
    (6) Compliance schedules submitted on April 24, 1973, by the North 
Carolina Department of Natural and Economic Resources.
    (7) Compliance schedules submitted on November 2, 1973, by the North

[[Page 626]]

Carolina Department of Natural and Economic Resources.
    (8) Indirect source review regulation No. 9 submitted on November 
16, 1973, by the North Carolina Department of Natural and Economic 
Resources.
    (9) Compliance schedules submitted on November 20, 1973, by the 
North Carolina Department of Natural and Economic Resources.
    (10) Revisions to indirect source review regulation No. 9 and AQMA 
identification material submitted on April 1, 1974, by the North 
Carolina Department of Natural and Economic Resources.
    (11) Compliance schedules submitted on May 13, 1974, by the North 
Carolina Department of Natural and Economic Resources.
    (12) Compliance schedules submitted on November 7, 1974, by the 
North Carolina Department of Natural and Economic Resources.
    (13) AQMA identification material submitted on November 22, 1974, by 
the North Carolina Department of Natural and Economic Resources.
    (14) Compliance schedules submitted on November 27, 1974, by the 
North Carolina Department of Natural and Economic Resources.
    (15) Revised ambient SO2 and NO2 standards, 
submitted on March 23, 1976, by the North Carolina Department of Natural 
and Economic Resources.
    (16) Regulations extending visible emissions standard, adopting 
EPA's New Source Performance Standards (40 CFR part 60) and revising 
emission monitoring of stationary sources (40 CFR part 51.19), submitted 
June 24, 1976, by North Carolina Departmentof Natural and Economic 
Resources.
    (17) Letter requesting delegation of Federal authority for the 
administrative and technical portions of the prevention of significant 
deterioration program, submitted on June 24, 1976, by the Secretary of 
the North Carolina Department of Natural andEconomic Resources.
    (18) Miscellaneous plan revisions, submitted on November 1, 1976, by 
the North Carolina Department of Natural and Economic Resources.
    (19) Regulations governing emissions of sulfur dioxide from the 
roasting of spodumene ore, submitted on February 14, 1978, by the North 
Carolina Department of Natural Resources and Community Development.
    (20) Request for an 18-month extension of the statutory timetable 
for submitting a plan to attain and maintain the secondary ambient 
standard for particulate matter in the Spruce Pine nonattainment area, 
submitted on February 1, 1979, by the North Carolina Department of 
Natural Resources and Community Development.
    (21) 1979 implementation plan revisions for the Mecklenburg County 
ozone and carbon monoxide nonattainment areas, including regulations 
2D.0901-.0931 and 2H.0608, adopted on June 14, 1979, and submitted on 
June 15 and July 25, 1979, by the North Carolina Department of Natural 
Resources and Community Development.
    (22) Three-year variance for the coal-fired units of Duke Power 
Company and Carolina Power & Light Company from the particulate emission 
limits of Regulation 15 N.C.A.C. 2D.0503, with submittals on June 18, 
September 7, October 31, and December 14, 1979, by the North Carolina 
Department of Natural Resources and Community Development.
    (23) Revised regulations 2D.0903 and 2D.0931, adopted on April 10, 
1980, and submitted on May 2, 1980, by the North Carolina Department of 
Natural Resources and Community Development to correct deficiencies in 
the Part D ozone revisions given conditional approval on April 17, 1980.
    (24) Corrections in Part D carbon monoxide revisions conditionally 
approved on April 17, 1980, submitted on May 22 (this submittal included 
Regulation 2H.0608(g)), July 1, and August 19, 1980, by the North 
Carolina Department of Natural Resources and Community Development.
    (25) Miscellaneous revisions submitted on June 15, 1979 (provisions 
for interstate pollution abatement to satisfy section 126(a) of the 
Clean Air Act, and revised ambient standard for ozone), and on May 2, 
1980 (revision of regulations 2D.0302, .0501, .0524, .0525, and .0603, 
addition of regulation 2H.0603(f), ambient standard for airborne lead, 
and provision for public participation to satisfy section 127(a) of the 
Clean Air Act), by the North

[[Page 627]]

Carolina Department of Natural Resources and CommunityDevelopment.
    (26) Revisions of Section VI, Air Quality Surveillance, of the plan, 
submitted on August 19, 1980, by the North Carolina Department of 
Natural Resources and Community Development.
    (27) Opacity limits for existing kraft pulp mill recovery furnaces 
(regulation 2D .0508(b)) and revised opacity limitations for other 
sources (revised regulation 2D .0521), submitted on March 22, 1977, and 
on April 19, 1978, by the North Carolina Department of Natural Resources 
and Community Development.
    (28) Revisions in VOC regulations 2D.0902, .0903, .0905, 
.0907-.0912, and new VOC regulations 2D.0932-.0942, submitted on June 
23, 1980, and revised regulation 2D.0936, submitted on April 29, 1981, 
by the North Carolina Department of Natural Resources and Community 
Development.
    (29) Implementation plan for lead, submitted on May 2, 1980, by the 
North Carolina Department of Natural Resources and Community 
Development.
    (30) Regulation 2D.0530, providing for prevention of significant 
deterioration, submitted on April 16, 1981, by the North Carolina 
Department of Natural Resources and Community Development.
    (31) Addition of regulations 2D.0531 and 2D.0532 to replace repealed 
regulation 2H.0608, regulations providing for alternative emission 
reduction options, revised permit regulations (no action is taken on the 
addition of subdivision (h) to regulation 2H.0603), and miscellaneous 
other regulation changes, submitted on April 16, 1981, and relaxed 
annual ambient standard for particulate matter, submitted on September 
14, 1981, by the North Carolina Department of Natural Resources and 
Community Development.
    (32) Revised SO2 limit for all but 24 (see FR of December 
7, 1982) fuel-burning sources (changes in regulations 2D.0511 and 
.0516), submitted on March 22, 1977, and January 11, 1982, by the North 
Carolina Department of Natural Resources and Community Development.
    (33) Permit restricting emissions of SO2 from the 
Cliffside Steam Plant of Duke Power Company to 2.2  per million 
Btu, submitted on September 24, 1982, by the North Carolina Department 
of Natural Resources and Community Development.
    (34) Revised SO2 limit for eight fuel-burning sources 
(See FR of February 10, 1983), submitted on March 22, 1977, and January 
11, July 27, and August 26, 1982, by the North Carolina Department of 
Natural Resources and Community Development.
    (35) Changes in regulations 2D.0524 and .0603, submitted on 
September 24, 1982, by the North Carolina Department of Natural 
Resources and Community Development.
    (36) Bubble permit for E. I. du Pont de Nemours and Company, 
Kinston, submitted on May 18, 1983, by the North Carolina Department of 
Natural Resources and Community Development.
    (37) 1982 revision of the Part D plan for the Mecklenburg County CO 
nonattainment area, submitted on June 17, 1982, and April 17, 1984, by 
the North Carolina Department of Natural Resources and Community 
Development.
    (38) Revisions to the North Carolina Administrative Code were 
submitted to EPA on January 24, 1983.
    (i) Incorporation by reference.
    (A) Letter of January 24, 1983 from the North Carolina Department of 
Natural Resources and Community Development, and the following North 
Carolina Administrative Code Regulations which were adopted by the 
Environmental Management Commission on December 9, 1982:

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

    (39) Revisions to the North Carolina Administrative Code were 
submitted to EPA on April 17, 1984.

[[Page 628]]

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

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

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

15 NCAC 2D.0102, Phrases
15 NCAC 2D.0406, Hydrocarbons
15 NCAC 2D.0603, Sources Covered by National Standards

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


[[Page 629]]


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

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

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

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

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

    (ii) Other material--none.
    (45) SO2 revisions for Alba Waldensian and Valdese 
Manufacturing which were submitted by the North Carolina Department of 
Natural Resources and Community Development on April 2, 1986.
    (i) Incorporation by reference.
    (A) Letter of April 2, 1986, from the North Carolina Department of 
Natural Resources and Community Development.
    (B) Permits for Alba Waldensian (2 plants) and Valdese Manufacturing 
which were issued by the Environmental Management Commission on July 23, 
1986, March 11, 1987, and August 1, 1985, respectively.
    (ii) Additional material--none.
    (46) SO2 and particulate revision for Appalachian State 
University which was submitted by the North Carolina Department of 
Natural Resources and Community Development on July 26, 1985, and June 
7, 1988.
    (i) Incorporation by reference.
    (A) Letters of July 26, 1985 and June 7, 1988 from the North 
Carolina Department of Natural Resources and Community Development.
    (B) Permit for Appalachian State University (No. 3990R4) which was 
issued by the Environnental Management Commission on July 19, 1985, and 
amended on June 7, 1988.
    (ii) Additional material--none.
    (47) Revisions to Title 15 of the North Carolina Administrative Code 
(15 NCAC) which were submitted to EPA on December 17, 1984.
    (i) Incorporation by reference.
    (A) Letter of December 17, 1984, from the North Carolina Division of 
Environmental Management and amendments to the following regulations 
which were adopted by the North Carolina Environmental Management 
Commission on November 8, 1984:

2D.0501--Compliance with Emission Control Standards
2D.0506--Control of Particulates from Hot Mix Asphalt Plants
2D.0507--Particulates from Chemical Fertilizer Manufacturing Plants
2D.0508--Control of Particulates from Pulp and Paper Mills
2D.0509--Particulates from Mica or Feldspar Processing Plants
2D.0510--Particulates: Sand, Gravel, Crushed Stone Operations
2D.0511--Particulates, SO2 from Lightweight Aggregate 
Processes
2D.0512--Particulates from Wood Products Finishing Plants
2D.0513--Control of Particulates from Portland Cement Plants
2D.0514--Control of Particulates from Ferrous Jobbing Foundries
2D.0515--Particulates from Miscellaneous Industrial Processes
2D.0516--Sulfur Dioxide Emissions from Fuel-Burning Installations
2D.0517--Emissions from Plants Producing Sulfuric Acid (Except revision 
to paragraph 2)
2D.0519--Control of Nitrogen Dioxide Emissions
2D.0520--Control and Prohibition of Open Burning
2D.0521--Control of Visible Emissions
2D.0527--Emissions from Spodumene Ore Roasting (Except revision to 
paragraph 2)
2D.0530--Prevention of Significant Deterioration
2D.0531--Sources in Nonattainment Areas

[[Page 630]]

2D.0532--Sources Contributing to an Ambient Violation
2D.0901--Definitions (Volatile Organic Compounds)
2D.0903--Recordkeeping, Reporting, Monitoring (Volatile Organic 
Compounds)
2D.0905--Petition for Alternative Controls
2D.0906--Circumvention
2D.0907--Equipment Installation Compliance Schedules
2D.0908--Equipment Modification Compliance Schedules
2D.0909--Low Solvent Content Coating Compliance Schedules
2D.0910--Alternate Compliance Schedules
2D.0912--General Provisions on Test Methods and Procedures
2D.0913--Determination of Volatile Content of Surface Coating
2D.0914--Determination of VOC Emission Control System Efficiency
2D.0915--Determination of Solvent Metal Cleaning VOC Emissions
2D.0916--Determination of VOC Emissions from Bulk Gasoline Terminals
2D.0918--Can Coating
2D.0919--Coil Coating
2D.0920--Paper Coating
2D.0921--Fabric and Vinyl Coating
2D.0922--Metal Furniture Coating
2D.0923--Surface Coating of Large Appliances
2D.0924--Magnet Wire Coating
2D.0925--Petroleum Liquid Storage In Fixed Roof Tanks
2D.0926--Bulk Gasoline Plants
2D.0927--Bulk Gasoline Terminals
2D.0928--Gasoline Service Stations Stage I
2D.0929--Petroleum Refinery Sources
2D.0930--Solvent Metal Cleaning
2D.0931--Cutback Asphalt
2D.0932--Gasoline Truck Tanks and Vapor Collection Systems
2D.0933--Petroleum Liquid Storage In External Floating Roof Tanks
2D.0934--Coating of Miscellaneous Metal Parts and Products
2D.0935--Factory Surface Coating of Flat Wood Paneling
2D.0936--Graphic Arts
2D.0937--Manufacture of Pneumatic Rubber Tires
2D.0938--Perchloroethylene Dry Cleaning System
2D.0939--Determination of Volatile Organic Compound Emissions
2D.0940--Determination of Leak Tightness and Vapor Leaks
2H.0601--Purpose and Scope (Permits)
2H.0604--Final Action on Permit Applications
2H.0605--Issuance, Revocation and Enforcement of Permits

    (ii) Additional material.
    (A) Regulation 2D.0609 (Monitoring Condition in Permit) was repealed 
by the Environmental Management Commission on November 8, 1984.
    (48) Revision to the North Carolina Administrative Code (15 NCAC) 
which was submitted to EPA on February 25, 1986.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1986, from the North Carolina Division of 
Environmental Management and the amendment to regulation 2D.0917 
(Automobiles and Light-Duty Truck Manufacturing) which was adopted by 
the North Carolina Environmental Management Commission on February 13, 
1986.
    (ii) Additional material--none.
    (49) Revision to 15 NCAC 2D.0518 which was submitted by the North 
Carolina Division of Environmental Management on January 24, 1983.
    (i) Incorporation by reference.
    (A) Letter of January 24, 1983 to EPA from the North Carolina 
Department of Natural Resources and Community Development, and 
amendments to North Carolina Administrative Code regulation 2D.0518 
(Miscellaneous Volatile Organic Compound Emissions) adopted by the 
Environmental Management Commission on December 9, 1982, which allow 
alternative control strategies.
    (ii) Additional material--none.
    (50) Stack Height regulations were submitted to EPA on September 24, 
1982, April 17, 1984, and February 25, 1986, by the North Carolina 
Department of Natural Resources and Community Development.
    (i) Incorporation by reference.
    (A) Regulations 15NCAC 2D.0533 (Stack Height) adopted on September 
9, 1982 and Regulations 15NCAC 2H.0603 (Applications) adopted on 
February 13, 1986 and April 12, 1984, by the Environmental Management 
Commission.
    (ii) Other material--none.
    (51) Revisions to the North Carolina State Implementation Plan were 
submitted by the State of North Carolina Division of Environmental 
Management on June 12, 1986.
    (i) Incorporation by reference.
    (A) A new regulation entitled Control of Conical Incinerators, 15 
NCAC 2D.0523, which became effective on January 1, 1985.
    (B) A letter dated July 7, 1987, from the State of North Carolina 
Division of

[[Page 631]]

Environmental Management clarifying the adoption and effective dates of 
15 NCAC 2D.0523.
    (ii) Other material--none.
    (52) Minor revisions to Title 15 of the North Carolina 
Administrative Code (15 NCAC) were submitted to EPA on February 25, 
1986.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1986 from the State of North Carolina to 
EPA, and Amendments in the following regulations which were adopted by 
the North Carolina Environmental Management Commission on February 13, 
1986:

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

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

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

    (ii) Additional material--none.
    (55) A revised regulation limiting emissions from electric utility 
boilers was submitted on January 24, 1983, and February 21, 1983, and 
amended by submittals dated December 17, 1985, and June 19, 1987, by the 
North Carolina Department of Natural Resources and Community 
Development. Only the following portions of this regulation are 
approved:
    (i) Incorporation by reference.
    (A) Only those portions of a new regulation, 15 NCAC 2D.0536, 
entitled ``Emissions from Electric Utility Boilers,'' which were 
approved by the Environmental Protection Agency on April 5, 1988.
    (ii) Other material--none.
    (56) Revisions to miscellaneous regulations of Title 15 of the North 
Carolina Administrative Code (15 NCAC) were submitted April 14, 1987.
    (i) Incorporation by reference.
    (A) Amendments to the following regulations (15 NCAC) were adopted 
by the North Carolina Environmental Management Commission on April 9, 
1987:

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

    (B) Letter of April 14, 1987, to EPA from the State of North 
Carolina Department of Natural Resources and Community Development.
    (ii) Other material--none.
    (57) Revisions to 15 NCAC 2D.0501(c)(4) were submitted by the North 
Carolina Department of Natural Resources and Community Development on 
December 15, 1987.
    (i) Incorporation by reference.
    (A) Letter of December 15, 1987, to the Environmental Protection 
Agency from the North Carolina Department of Natural Resources and 
Community Development and revised paragraph (c)(4) of 15 NCAC 2D.0501, 
adopted by the North Carolina Environmental Management Commission on 
December 10, 1987.
    (ii) Additional material--none.

[[Page 632]]

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

2D.0101--Definitions, (18) and (25)-(33)
2D.0302--Episode criteria, (2)(g), (3)(g), (4) (f) and (g)
2D.0403--Total suspended particulates
2D.0409--Particulate matter
2D.0501--Compliance with emission control standards, (c)(16)
2D.0913--Determination of volatile content of surface coatings
2D.0916--Determination of VOC emissions from bulk gasoline terminals
2D.0939--Determination of volatile organic compound emissions
2D.0940--Determination of leak tightness and vapor leaks
2D.0601--Purpose and scope
2D.0603--Applications, (f) (5) and (6)

    (B) October 1, 1989 State-effective revisions to North Carolina 
Administration Code No.:

2D.0104--Adoption by Reference Updates
2D.0530--Prevention of Significant Deterioration, (h)
2D.0531--Sources in Non-Attainment Areas, (d)

2D.0532--Sources Contributing to an Ambient Violation, (d)
    (ii) Additional material.
    (A) May 2, 1988 letter from North Carolina Department of Natural 
Resources and Community Development.
    (B) July 14, 1989 letter from North Carolina Department of Natural 
Resources and Community Development
    (62) Permits for Liggett & Myers and Burlington Industries which 
were submitted as State Implementation Plant revisions on April 2, 1986, 
and resubmitted on October 24, 1989.
    (i) Incorporation by reference.
    (A) Permit No. 2533R11 for Liggett & Myers Tobacco Company issued on 
May 22, 1989.
    (B) Permit No. 4119R5 for Burlington Industries issued on March 3, 
1987.
    (ii) Additional material--none.
    (63) Miscellaneous revisions to the North Carolina State 
Implementation Plan which were submitted on July 14, 1989.
    (i) Incorporation by reference.
    (A) Revisions to North Carolina Administrative Code which became 
State effective on October 1, 1989 are as follows:


[[Page 633]]


2D.0401, Purpose, as amended
2D.0404, Carbon Monoxide, as amended
2D.0407, Nitrogen Dioxide, as amended
2D.0501, Compliance with Emission Control Standards, (c)(3)
2D.0511, Particulates from Lightweight Aggregate Processes, (d)
2D.0516, Sulfur Dioxide Emissions from Combustion Sources, (a)
2D.0519, Control of Nitrogen Dioxide and Nitrogen Oxides Emissions, as 
amended
2H.0601, Purpose and Scope, (a), (c), and (d)
2H.0603, Applications, (d) and (e)
2H.0606, Delegation of Authority, as amended

    (ii) Additional material.
    (A) Letter of July 14, 1989 submitting the SIP revisions.
    (64) Revisions to the North Carolina State Implementation Plan which 
were submitted on July 15, 1987 and May 25, 1988.
    (i) Incorporation by reference.
    (A) Revisions to North Carolina Administrative Code effective as of 
July 1, 1988, are as follows:

2D.0530, Prevention Of Significant Deterioration, except (h).
2D.0531, Sources in Nonattainment Areas, except (d).
2D.0532, Sources Contributing to an Ambient Violation, except (d).

    (ii) Additional information--none.
    (65) Revisions to the North Carolina SIP which include the Forsyth 
County, Western North Carolina and Mecklenburg County regulations which 
were submitted on June 14, 1990.
    (i) Incorporation by reference.
    (A) The entire set of Forsyth County Air Quality Control Code 
regulations effective December 19, 1988, except for section 3-152(2), 3-
155, 3-158, 3-159, 3-160 and 3-169.
    (B) The entire set of Western North Carolina regulations effective 
March 13, 1985 and November 9, 1988, except for Sections 1-137(g), 1-
139, 1-144, 1-152(2), 1-158 and 1-159.
    (C) The entire set of Mecklenburg County regulations effective April 
3, 1989, except for Sections 2.0517(2), 2.0524, 2.0525, 2.0528, 2.0529, 
2.0534, 2.0537.
    (ii) Additional material--none.
    (66) The maintenance plan and emission inventory for Greensboro/
Winston-Salem/Highpoint Area which includes Davidson County, Davis 
County (part) the area bounded by the Yadkin River, Dutchmans Creek, 
North Carolina Highway 801, Fulton Creek, and back to the Yadkin River, 
Forsyth County and Guilford County, submitted by the North Carolina 
Department of Environment, Health, and Natural Resources on November 13, 
1992, and June 1, 1993, as part of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Supplement to the Redesignation Demonstration and Maintenance 
Plan For Raleigh/Durham and Greensboro/Winston-Salem/High Point Ozone 
Attainment Areas submitted June 1, 1993, and Prepared by the North 
Carolina Department of Environment, Health, and Natural Resources, 
Division of Environmental Management, Air Quality Section. The effective 
date is July 8, 1993.
    (1) Section 2--Discussion of Attainment.
    (2) Section 3--Maintenance Plan.
    (3) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1990.
    (4) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1993.
    (5) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1996.
    (6) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1999.
    (7) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 2002.
    (8) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 2004.
    (ii) Other material. None
    (67) The maintenance plan and emission inventory for the Raleigh/
Durham Area which includes Durham County, Wake County, and the 
Dutchville Township portion of Granville County submitted by the North 
Carolina Department of Environment, Health, and Natural Resources on 
November 13, 1992, and June 1, 1993, as part of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Supplement to the Redesignation Demonstration and Maintenance 
Plan for the Greensboro/Winston-Salem/High Point and Raleigh/Durham 
Ozone Attainment Areas submitted June 1, 1993, and Prepared by the North 
Carolina Department of Environment, Health,

[[Page 634]]

and Natural Resources, Division of Environmental Management, Air Quality 
Section. The effective date is July 8, 1993.
    (1) Section 2--Discussion of Attainment.
    (2) Section 3--Maintenance Plan.
    (3) Raleigh/Durham Nonattainment Area Emission Summary for 1990.
    (4) Raleigh/Durham Nonattainment Area Emission Summary for 1993.
    (5) Raleigh/Durham Nonattainment Area Emission Summary for 1996.
    (6) Raleigh/Durham Nonattainment Area Emission Summary for 1999.
    (7) Raleigh/Durham Nonattainment Area Emission Summary for 2002.
    (8) Raleigh/Durham Nonattainment Area Emission Summary for 2004.
    (ii) Other material. None.
    (68) The North Carolina Department of Environmental Management 
submitted an Oxygenated Fuel program as part of North Carolina carbon 
monoxide SIP on November 20, 1992.
    (i) Incorporation by reference.
    (A) The North Carolina Environmental Commission regulations 15A NCAC 
2D.1301 through .1305 effective September 1, 1992.
    (B) The North Carolina Gasoline and Oil Board section .0800 through 
.0806 effective September 1, 1992.
    (ii) Other material. None.
    (69) Revisions to the VOC portion of the North Carolina SIP to 
correct deficiencies submitted on September 21, 1989, January 14, 1991, 
and April 29, 1991, and July 19, 1993, revisions to VOC regulations of 
the Mecklenburg County Department of Environmental Protection submitted 
on August 13, 1991.
    (i) Incorporation by reference.
    (A) Amendments to the North Carolina regulations 15 NCAC 2D.0101, 
.0531, .0901 except (12) and (28), .0913(b), .0917 except (d), .0918 
except (d), .0919 except (d), .0920 except (e), .0921 except (d), .0922 
except (d), .0923 except (e), .0924 except (d), .0925 except (d)(1), 
.0926 except (g), .0927, .0928 except (e), .0929 except (d), .0930 
except (e)(3) and (f)(2), .0931, .0932, .0933 except (f), .0934 except 
(e), .0935, .0936, .0937, .0938, .0941, and 2H.0603 effective December 
1, 1989.
    (B) Amendments to the North Carolina regulations 15 NCAC 2D.0901 
(28), .0902(c), .0913(a), .0925(d)(1), .0926(g), .0928(e), .0929(d), 
.0930 (e)(3) and (f)(2), .0933(f), .0943 (a) (8) and (10) which were 
effective March 1, 1991.
    (C) Amendments to the North Carolina regulations 15 NCAC 
2D.0901(12), .0917(d), .0918(d), .0919(d), .0920(e), .0921(d), .0922(d), 
.0923(e), .0924(d), and .0934(e) effective on July 1, 1991.
    (D) Amendments to the North Carolina regulations 15 NCAC 2D.0903 and 
2D.0912 effective on July 1, 1993.
    (E) Amendments to the Mecklenburg County Department of Environmental 
Protection regulations 2.0901, 2.0902, 2.0913, 2.0925, 2.0926, 2.0928, 
2.0929, 2.0930, 2.0933, 2.0934, 2.0943, 2.0944 effective March 1, 1991.
    (F) Amendments to the Mecklenburg County Department of Environmental 
Protection regulations 2.0903, 2.0912 effective July 1, 1991.
    (ii) Other material. None.
    (70) The minor source operating permit program for Mecklenburg 
County, North Carolina, submitted by the Mecklenburg County Department 
of Environmental Protection on November 24, 1993, and as part of the 
Mecklenburg County portion of the North Carolina SIP.
    (i) Incorporation by reference.
    MCAPCO Regulations 1.5211 through 1.5214, 1.5216, 1.5219, 1.5221, 
1.5222, 1.5232, 1.5234, and 1.5306 of the Mecklenburg County portion of 
the North Carolina SIP adopted June 6, 1994.
    (ii) Other material. None.
    (71) The PSD NOx increment regulations and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on March 3, 1993.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15 NCAC 2D.0103, 2D.0104, 2D.0401, 
2D.0521, 2D.0530, 2D.0531, 2D.0532, 2H.0603, 2H.0607, and 2H.0609 
effective on December 1, 1992.
    (ii) Other material. None.
    (72) The NSR regulations to the North Carolina State Implementation 
Plan which were submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15A NCAC 2D.0531, and 2D.0532 
effective on December 1, 1993.
    (ii) Other material.

[[Page 635]]

    (A) Letter of January 7, 1993, from the North Carolina Division of 
Environmental Management.
    (73) Revisions to the State of North Carolina State Implementation 
Plan (SIP) concerning emission statements were submitted on August 15, 
1994, by the North Carolina Department of Environment, Health and 
Natural Resources.
    (i) Incorporation by reference.
    Revisions to North Carolina Regulation 15A NCAC 2Q .0207, effective 
July 1, 1994.
    (ii) Other material. None.
    (74) The minor source operating permit programs for the State of 
North Carolina, Western North Carolina Regional Air Pollution Control 
Board, and Forsyth County Department of Environmental Affairs submitted 
by the North Carolina Department of Environment, Health, and Natural 
Resources on May 31, 1994, June 1, 1994, and September 15, 1994, as part 
of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303 
through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by the 
North Carolina Environmental Management Commission on May 12, 1994 and 
which became effective on July 1, 1994.
    (B) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303 
through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by 
reference by the Western North Carolina Regional Air Pollution Control 
Board (WNCRAPCB) on September 12, 1994 and which were made effective 
September 12, 1994.
    (C) Regulations Subchapter 3Q.0103, Subchapter 3Q.0301, Subchapter 
3Q.0303 through Subchapter 3Q.0311 of the Forsyth County portion of the 
North Carolina SIP as adopted and made effective by the Forsyth County 
Board of Commissioners on May 23, 1994.
    (ii) Other material. None.
    (75) The redesignation and maintenance plan for Winston-Salem/
Forsyth County submitted by the North Carolina Department of 
Environmental Management on April 27, 1994, as part of the North 
Carolina SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Maintenance Plan for the Forsyth County Carbon Monoxide 
Nonattainment Area adopted on April 14, 1994.
    (ii) Other material. None.
    (76) The North Carolina Department of Environment, Health and 
Natural Resources submitted revisions to the North Carolina State 
Implementation Plan on November 2, 1989. These revisions incorporate 
SO2 limits and permit conditions for Texasgulf, Incorporated.
    (i) Incorporation by reference.
    (A) Permit for Texasgulf, Incorporated (air permit no. 2331R10) 
which was issued by the Environmental Management Commission on October 
13, 1989.
    (ii) Additional material-none.
    (77) Revisions to the VOC RACT regulations, and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) Amendments to North Carolina regulations 15A NCAC 2D .0518, 
2D.0531, 2D.0532, 2D.0901, and 2D.0936, effective on December 1, 1993.
    (B) Amendments to North Carolina regulations 15A NCAC 2D.0902, 
2D.0907, 2D.0910, 2D.0911, 2D.0947, 2D.0948, 2D.0949, 2D.0950, 2D.0951, 
and 2D.0952 effective on July 1, 1994.
    (ii) Other material. None.
    (78) Miscellaneous revisions to the North Carolina State 
Implementation Plan which were submitted on May 15, 1991.
    (i) Incorporation by reference.
    (A) Amendments to North Carolina regulations 15A NCAC 2D.0103, 
2D.0503, 2D.0530, 2D.0536, 2H.0601, and 2H.0607, of the North Carolina 
State Implementation Plan submitted on May 15, 1991, which were state 
effective on August 1, 1991.
    (ii) Other material. None
    (79) The North Carolina Department of Environment, Health and 
Natural Resources has submitted revisions to the North Carolina SIP on 
July 19, 1993. These revisions address the requirements of section 507 
of title V of the CAA and establish the Small Business

[[Page 636]]

Stationary Source Technical and Environmental Assistance Program 
(PROGRAM).
    (i) Incorporation by reference.
    (A) North Carolina's Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program which was adopted on May 12, 
1994.
    (ii) Other material. None.
    (80) Modifications to the existing basic I/M program in North 
Carolina submitted on July 19, 1993, January 17, 1992, and September 24, 
1992. Addition of regulations .1001 through .1005 establishes the I/M 
program.
    (i) Incorporation by reference.
    (A) Regulation .1001 and .1003, effective on December 1, 1982.
    (B) Regulation .1002 effective on July 1, 1994.
    (C) Regulation .1004 effective on July 1, 1993.
    (D) Regulation .1005 effective on April 1, 1991.
    (E) Specification for the North Carolina Analyzer System adopted 
December 12, 1991.
    (ii) Other material. None.
    (81) The VOC revision to the North Carolina State Implementation 
Plan which were submitted on October 14, 1994.
    (i) Incorporation by reference. Addition of new North Carolina 
regulations 15A NCAC 2D .0518 which was state effective on September 1, 
1994.
    (ii) Other material. None.
    (82) The redesignation and maintenance plan for Raleigh/Durham and 
Charlotte submitted by the North Carolina Department of Environmental 
Management on October 7, 1994 and August 9, 1991, as part of the North 
Carolina SIP. The emission inventory projections are included in the 
maintenance plans.
    (i) Incorporation by reference. Section 3 of the Redesignation 
Demonstration and Maintenance Plan for Raleigh/Durham, Winston-Salem, 
and Charlotte Carbon Monoxide Nonattainment Area adopted on September 8, 
1994.
    (ii) Other material. None.
    (83) The maintenance plan and redesignation request for the 
Charlotte-Gastonia area which include Mecklenburg and Gaston Counties 
submitted by the State of North Carolina on November 12, 1993.
    (i) Incorporation by reference.
    (A) The following subsections of Section 3.0, entitled Maintenance 
Plan, in the Supplement to the Redesignation Demonstration and 
Maintenance Plan for the Charlotte/Gaston Ozone Nonattainment Area 
adopted by the North Carolina Environmental Management Commission on May 
11, 1995: 3.1 Concept of North Carolina's Maintenance Plan; 3.2 
Foundation Control Program; Table 3.2 of Subsection 3.3; and 3.4 
Contingency Plan.
    (ii) Other material. None.
    (84) The VOC RACT regulations, NSR regulations, and other 
miscellaneous revisions to the North Carolina State Implementation Plan 
which were submitted on August 15, 1994.
    (i) Incorporation by reference.
    (A) Addition of new North Carolina regulations 15A NCAC 2D .0805 and 
.0806 and 15A NCAC 2Q .0101 through .0111, and .0601 through .0607. 
effective on July 1, 1994.
    (B) Amendments to North Carolina regulations 15A NCAC 2D .0101, 
.0501, .0503, .0530, .0531, .0532, .0533, .0601, .0801, .0802, .0803, 
and .0804 effective on July 1, 1994.
    (ii) Other material. None.
    (85) The VOC revisions to the North Carolina State Implementation 
Plan which were submitted on March 3, 1995, and on May 24, 1995.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2D .0955, .0956, and .0957 effective on 
April 1, 1995.
    (B) Regulations 15A NCAC 2D .0950, and .0104 effective on May 1, 
1995.
    (ii) Other material. None.
    (86) The PM-10 rules, Stack Testing Methods and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on March 23, 1995.
    (i) Incorporation by reference. Addition of new North Carolina rules 
15A NCAC 2D .0501, .0516, and .0530 which were state effective on 
February 1, 1995.
    (ii) Other material. None.
    (87) Recodifications to the Forsyth County Air Quality Control 
Ordinance and Technical Code and other miscellaneous revisions to the 
North Carolina

[[Page 637]]

State Implementation Plan which were submitted on March 7, 1995.
    (i) Incorporation by reference.
    Forsyth County Air Quality Control Ordinance and Technical Code 
effective on December 19, 1994. Subchapter 3A, Air Quality Control; 
Subchapter 3B, Relationship to State Code; Subchapter 3D, Air Pollution 
Control Requirements; Subchapter 3H, Section .0600 Air Quality Permits; 
and Subchapter 3Q, Air Quality Permits.
    (ii) Other material. None.
    (88) The VOC RACT regulations, NSR regulations, and other 
miscellaneous revisions to the North Carolina State Implementation Plan 
which were submitted on August 15, 1994. The Stage II regulations and 
other miscellaneous revisions to the North Carolina State Implementation 
Plan which were submitted on May 24, 1995.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2D .0531, .0909, .0928, .0932, .0933, and 
.0953 effective on July 1, 1994.
    (B) Regulations 15A NCAC 2D .0902, .0907, .0910, .0911, .0952, and 
.0954 effective on May 1, 1995.
    (ii) Other material. None.
    (89) Exclusionary rules for the State of North Carolina Department 
of Environment, Health, and Natural Resources and the Forsyth County 
Department of Environmental Affairs submitted by the North Carolina 
Department of Environment, Health, and Natural Resources on August 8, 
1995, and December 28, 1995, respectively, as part of the North Carolina 
SIP.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2Q.0801 through 15A NCAC 2Q.0807 of the 
North Carolina SIP as adopted by the North Carolina Environmental 
Management Commission on June 8, 1995, and which became effective on 
August 1, 1995.
    (B) Regulations Subchapter 3Q.0801 through Subchapter 3Q.0807 of the 
Forsyth County portion of the North Carolina SIP as adopted and made 
effective by the Forsyth County Board of Commissioners on November 13, 
1995.
    (ii) Other material. None.
    (90) The VOC regulations and other miscellaneous revisions to the 
Forsyth County Local Implementation Plan which were submitted on 
December 28, 1995, and November 29, 1995.
    (i) Incorporation by reference.
    (A) Amendments to Forsyth County regulations Subchapter 3D .0104(a), 
.0531 (e)-(k), .0902 (a)-(h), .0907 (a)-(c), .0909 (a, c, d, e, and g), 
.0910 (a)-(d), .0911, .0950 (a and b), .0952 (a)-(c) and .0954 (f, h, k) 
adopted into the Air Quality Control Technical Code on November 13, 
1995.
    (B) Amendments to Forsyth County regulations Subchapter 3D .0501 
(a)-(h), .0516 (a and b), .0518 (a)-(g), and .0530 (a)-(s), adopted into 
the Air Quality Control Technical Code on August 14, 1995.
    (C) Subchapter 3D .0955, .0956, and .0957 adopted into the Air 
Quality Control Technical Code on August 14, 1995.
    (ii) Other material. None.
    (91) The North Carolina Department of Environment, Health and 
Natural Resources submitted revisions to the North Carolina State 
Implementation Plan on September 21, 1989. These revisions incorporate 
SO2 limits and permit conditions for Cape Industries.
    (i) Incorporation by reference.
    (A) Permit for Cape Industries (air permit no. 130R17) which was 
issued by the Environmental Management Commission on December 29, 1994.
    (ii) Additional material--none.
    (92)-(93) [Reserved]
    (94) The miscellaneous revisions to the North Carolina State 
Implementation Plan, which were submitted on August 16, 1996.
    (i) Incorporation by reference. Regulations 15A NCAC 2D. 0101 
Definitions, .0501 Compliance with Emission Control Standards, .0516 
Sulfur Dioxide Emissions Combustion Sources, .0518 Miscellaneous 
Volatile Organic Compounds Emissions, .0519 Control of Nitrogen Dioxide 
and Nitrogen Oxides Emissions, .0520 Control and Prohibition of Open 
Burning, .0521 Control of Visible Emissions, .0531 sources in 
Nonattainment Areas, .0535 Excess Emissions Reporting and Malfunctions, 
.0601 Purpose and Scope, .0604 Sources Covered by Implementation Plan 
Requirements, .0608 Program Schedule, .0804 Airport Facilities, .0805 
Parking Facilities, .0901 Definitions, .0902 Applicability, .0917 
Automobile and Light-Duty Truck Manufacturing, .0918 Can Coating, .0919 
Coil Coating, .0920 Paper

[[Page 638]]

Coating, .0921 Fabric and Vinyl Coating, .0922 Metal Furniture Coating, 
.0923 Surface Coating of Large Appliances, .0924 Magnet Wire Coating, 
.0926 Bulk Gasoline Plants, .0927 Bulk Gasoline Terminals, .0928 
Gasoline Service Stations Stage 1, .0929 Petroleum Refinery Sources, 
.0934 Coating of miscellaneous Metal Parts and Products, .0935 Factory 
Surface Coating of Flat Wood Paneling, .0937 Manufacture of Pneumatic 
Rubber Tires, .0951 Miscellaneous Volatile Organic Compound Emissions, 
.0953 Vapor Return Piping for Stage II Vapor Recovery, .0954 Stage II 
Vapor Recovery, .1901, Purpose, Scope, and Impermissible Open Burning, 
.1902 Definitions, .1903 Permissible Open Burning Without a Permit, 
.1904 Air Curtain Burners. 15A NCAC 2Q .0103 Definitions, .0109 
Compliance Schedule for Previously Exempted Activities, .0207 Annual 
Emissions Reporting, and .0311 permitting of Facilities at Multiple 
Temporary Sites effective on July 1, 1996.
    (ii) Other material. None.
    (95) [Reserved]
    (96) The miscellaneous revisions to the North Carolina State 
Implementation Plan, which were submitted on October 10, 1997.
    (i) Incorporation by reference.

                   Subchapter 31A--Air Quality Control

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

            Subchapter 3D--Air Pollution Control Requirements

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

                   Subchapter 3Q--Air Quality Permits

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

    (ii) Other material. None.
    (97) The miscellaneous revisions to the Forsyth County Local 
Implementation Plan, which were submitted on January 17, 1997 and 
November 6, 1998.
    (i) Incorporation by reference.
    (A) 3D .0104 Incorporation By Reference 3D .0531; Sources In 
Nonattainment Areas; 3D .0907, Compliance Schedules for Sources in 
Nonattainment Areas; 3D .0909, Compliance Schedules for Sources in New 
Nonattainment Areas; 3D .0910 Alternative Compliance Schedules; 3D .0911 
Exception From Compliance Schedules; 3D .0950 Interim Standards for 
Certain Source Categories; 3D .0952 Petition For Alternative Controls; 
3D .0954 Stage II Vapor Recovery and 3Q Section .0800 Exclusionary Rules 
effective on November 13, 1995.
    (B) 3A .0106 Penalties for Violation of Chapter; 3A .0110 CFR Dates; 
and 3A .0112 ASTM Dates; 3D.0101 Definitions; 3D .0506, Particulates 
from Hot Mix Asphalt Plants; 3D .0507, Particulates From Chemical 
Fertilizer Manufacturing Plants; 3D .0508 Particulates From Pulp and 
Paper Mills; 3D .0509 Particulates From Mica or Feldspar Processing 
Plants; 3D .0510 Particulates from Sand, Gravel, or Crushed Stone 
Operations and 3D .0511 Particulates from Lightweight Aggregate 
Processes 3D .0515 Particulates From Miscellaneous Industrial Processes; 
3D .0521, Control of Visible Emissions; 3D .0535, Excess Emissions 
Reporting and Malfunctions; 3D .0914 Determination of VOC Emission 
Control System Efficiency; 3D .0927 Bulk Gasoline Terminals; 3D .0938 
Perchloroethylene Dry Cleaning System (Repealed); 3D .0953 Vapor Return 
Piping for Stage II Vapor Recovery 3Q .0101 Required Air Quality 
Permits; 3Q .0102 Activities Exempted From Permit Requirements; 3Q . 
0103 Definitions; 3Q .0207 Annual Emissions Reporting; 3Q .0301 
Applicability; 3Q .0302 Facilities not Likely to Contravene 
Demonstration; 3Q .0306 Permits Requiring Public Participation; 3Q .0312 
Application Processing Schedule; 3Q .0607 Application Processing

[[Page 639]]

Schedule; 3Q .0805 Grain Elevators; 3Q .0806 Cotton Gin; and 3Q .0807 
Emergency Generators effective on September 14, 1998.
    (ii) Other material. None.

[37 FR 10884, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1783, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1784  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located 
in the State of North Carolina 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 North Carolina'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 North Carolina's SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, if, at the time of the approval of North Carolina'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 North Carolina 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 North Carolina'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 North Carolina's SIP.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this 
section, if, at the time of the approval of North Carolina'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 48371, Aug. 8, 2011]



Sec. 52.1785  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

[[Page 640]]

State of North Carolina 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 North Carolina'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 North Carolina's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of North Carolina'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 48371, Aug. 8, 2011]



                         Subpart JJ_North Dakota



Sec. 52.1820  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for North Dakota under section 110 of the Clean Air 
Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air 
quality standards or other requirements under the Clean Air Act.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c), (d), and (e) of this section with an EPA approval date prior to 
July 31, 2006, was approved for incorporation by reference by the 
Director of the Federal Register in accordance with 5 U.S.C. Sec. 
552(a) and 1 CFR part 51. Material is incorporated as submitted by the 
state to EPA, and notice of any change in the material will be published 
in the Federal Register. Entries for paragraphs (c), (d), and (e) of 
this section with EPA approval dates after July 31, 2006, will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 8 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the State 
Implementation Plan as of July 31, 2006.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 8, 1595 Wynkoop 
Street, Denver, Colorado, 80202-1129; Air and Radiation Docket and 
Information Center, EPA West Building, 1301 Constitution Ave., NW., 
Washington, DC 20460; and the National Archives and Records 
Administration (NARA). If you wish to obtain materials from a docket in 
the EPA Headquarters Library, please call the Office of Air and 
Radiation (OAR) Docket/Telephone number (202) 566-1742. For information 
on the availability of this material at NARA, call (202) 741-6030, or go 
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

[[Page 641]]



                                        State of North Dakota Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation                 Title/subject        effective    EPA approval date      Explanations
                                                                date       and citation \1\
----------------------------------------------------------------------------------------------------------------
                                           33-15-01 General Provisions
----------------------------------------------------------------------------------------------------------------
33-15-01-01.....................  Purpose.................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-01-02.....................  Scope...................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-01-03.....................  Authority...............       9/1/97  4/2/04, 69 FR 17302
33-15-01-04.....................  Definitions.............       4/1/09  11/4/11, 76 FR
                                                                          68317.
33-15-01-05.....................  Abbreviations...........       4/1/09  11/4/11, 76 FR
                                                                          68317.
                                  Except the following           1/1/89  8/9/90, 55 FR 32403
                                   abbreviations: CFR,
                                   PM10, scmh, TSP, & ohm.
33-15-01-06.....................  Entry onto premises--         10/1/87  5/12/89, 54 FR
                                   Authority.                             20574.
33-15-01-07.....................  Variances: Subsection 1       10/1/87  5/12/89, 54 FR
                                   and Subsection 2.             6/1/90   20574.
                                                                         6/26/92, 57 FR
                                                                          28619.
33-15-01-08.....................  Circumvention...........       6/1/90  6/26/92, 57 FR
                                                                          28619.
33-15-01-09.....................  Severability............      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-01-10.....................  Land use plans and            10/1/87  5/12/89, 54 FR
                                   zoning regulations.                    20574.
33-15-01-11.....................  Reserved................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-01-12.....................  Measurements of                6/1/01  2/28/03, 68 FR 9565
                                   emissions of air
                                   contaminants.
33-15-01-13.....................  Shutdown and malfunction       4/1/09  11/4/11, 76 FR
                                   of an installation--                   68317.
                                   Requirement for
                                   notification.
33-15-01-13.2(b)................  Malfunctions............       9/1/97  8/27/98, 63 FR
                                                                          45722.
33-15-01-14.....................  Time schedule for             10/1/87  5/12/89, 54 FR
                                   compliance.                            20574.
33-15-01-15.....................  Prohibition of air             6/1/01  2/28/03, 68 FR 9565
                                   pollution.
33-15-01-16.....................  Confidentiality of            10/1/87  5/12/89, 54 FR
                                   records.                               20574.
33-15-01-17.....................  Enforcement.............       3/1/03  10/21/04, 69 FR
                                                                          61762.
33-15-01-18.....................  Compliance                     3/1/03  10/21/04, 69 FR
                                   certifications.                        61762.
----------------------------------------------------------------------------------------------------------------
                                     33-15-02 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
33-15-02-01.....................  Scope...................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-02-02.....................  Purpose.................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-02-03.....................  Air quality guidelines..      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-02-04.....................  Ambient air quality            9/1/98  8/31/99, 64 FR       See additional
                                   standards.                             47395.               interpretive
                                                                                               materials cited
                                                                                               in 64 FR 47395, 8/
                                                                                               31/99.
33-15-02-05.....................  Method of sampling and        12/1/94  10/8/96, 61 FR
                                   analysis.                              52865.
33-15-02-06.....................  Reference conditions....      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-02-07.....................  Concentration of air          10/1/87  5/12/89, 54 FR       Excluding
                                   contaminants in the                    20574.               subsection 3 and
                                   ambient air restricted.                                     4 which were
                                                                                               subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
33-15-02, Table 1...............  Ambient Air Quality            4/1/09  11/4/11, 76 FR
                                   Standards.                             68317.

[[Page 642]]

 
33-15-02-07.3, 33-15-02-07.4 and  Concentration of air           9/1/98  8/31/99, 64 FR       See additional
 33-15-02, Table 2.                contaminants in the                    47395.               interpretive
                                   ambient air restricted                                      materials cited
                                   and National Ambient                                        in 64 FR 47395, 8/
                                   Air Quality Standards                                       31/99.
                                   table.
----------------------------------------------------------------------------------------------------------------
                                33-15-03 Restrictions of Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
33-15-03-01.....................  Restrictions applicable       10/1/87  5/12/89, 54 FR
                                   to existing                            20574.
                                   installations.
33-15-03-02.....................  Restrictions applicable       10/1/87  5/12/89, 54 FR
                                   to new installations                   20574.
                                   and all incinerators.
33-15-03-03.....................  Restrictions applicable       10/1/87  5/12/89, 54 FR
                                   to fugitive emissions.                 20574.
33-15-03-03.1...................  Restrictions applicable       10/1/87  5/12/89, 54 FR
                                   to flares.                             20574.
33-15-03-04.....................  Exceptions..............       2/1/82  11/12/82, 47 FR
                                                                          51131.
33-15-03-05.....................  Method of measurement...      10/1/87  5/12/89, 54 FR
                                                                          20574.
----------------------------------------------------------------------------------------------------------------
                                       33-15-04 Open Burning Restrictions
----------------------------------------------------------------------------------------------------------------
33-15-04-01.....................  Refuse Burning                 1/1/07  5/27/08, 73 FR
                                   Restrictions.                          30308.
33-15-04-02.....................  Permissible Open Burning       1/1/96  4/21/97, 62 FR       Excluding
                                                                          19224.               subsections 1.b,
                                                                                               1.e, 1.g, and 2.k
                                                                                               which were
                                                                                               subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
33-15-04-02.1.b, 33-15-04-        Permissible Open Burning       1/1/07  5/27/08, 73 FR
 02.1.e, m, 33-15-04-02.1.g, and                                          30308.
 33-15-04-02.2.k.
----------------------------------------------------------------------------------------------------------------
                               33-15-05 Emissions of Particulate Matter Restricted
----------------------------------------------------------------------------------------------------------------
33-15-05-01.....................  Restrictions of               10/1/87  5/12/89, 54 FR
                                   emissions of                           20574.
                                   particulate matter from
                                   industrial processes.
33-15-05-02.....................  Maximum allowable              3/1/03  10/21/04, 69 FR
                                   emissions of                           61762.
                                   particulate matter from
                                   fuel burning equipment
                                   used for indirect
                                   heating.
33-15-05-03.....................  Incinerators (repealed).       8/1/95  4/21/97, 62 FR
                                                                          19224.
33-15-05-03.1...................  Infectious waste              7/12/00  2/28/03, 68 FR 9565
                                   incinerators (repealed).
33-15-05-03.2...................  Refuse incinerators.....       4/1/09  11/4/11, 76 FR
                                                                          68317.
33-15-05-03.3...................  Other waste incinerators       3/1/03  10/21/04, 69 FR
                                                                          61762.
33-15-05-04.....................  Methods of measurement..       3/1/03  10/21/04, 69 FR
                                                                          61762.
----------------------------------------------------------------------------------------------------------------
                                33-15-06 Emissions of Sulfur Compounds Restricted
----------------------------------------------------------------------------------------------------------------
33-15-06-01.....................  Restrictions of                3/1/03  10/21/04, 69 FR      See additional
                                   emissions of sulfur                    61762.               interpretive
                                   dioxide from use of                                         materials cited
                                   fuel.                                                       in 63 FR 45722, 8/
                                                                                               27/98.
33-15-06-02.....................  Restrictions of                6/1/92  10/20/93, 58 FR
                                   emissions of sulfur                    54041.
                                   oxides from industrial
                                   processes.
33-15-06-03.....................  Methods of measurement..       3/1/03  10/21/04, 69 FR
                                                                          61762.
33-15-06-04.....................  Continuous emission            6/1/92  10/20/93, 58 FR
                                   monitoring requirements.               54041.
33-15-06-05.....................  Reporting and                  6/1/92  10/20/93, 58 FR
                                   recordkeeping                          54041.
                                   requirements.
----------------------------------------------------------------------------------------------------------------

[[Page 643]]

 
                                 33-15-07 Control of Organic Compounds Emissions
----------------------------------------------------------------------------------------------------------------
33-15-07-01.....................  Requirements for               6/1/92  8/21/95, 60 FR       Excluding
                                   construction of organic                43396.               subsection 1
                                   compounds facilities.                                       which was
                                                                                               subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
33-15-07-01.1...................  Scope...................       9/1/98  8/31/99, 64 FR
                                                                          47395.
33-15-07-02.....................  Requirements for organic       6/1/92  8/21/95, 60 FR
                                   compounds gas disposal.                43396.
----------------------------------------------------------------------------------------------------------------
              33-15-08 Control of Air Pollution From Vehicles and Other Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
33-15-08-01.....................  Internal combustion            7/1/78  11/2/79, 44 FR
                                   engine emissions                       63102.
                                   restricted.
33-15-08-02.....................  Removal or disabling of        7/1/78  11/2/79, 44 FR
                                   motor vehicle pollution                63102.
                                   control devices
                                   prohibited.
----------------------------------------------------------------------------------------------------------------
                                         33-15-10 Control of Pesticides
----------------------------------------------------------------------------------------------------------------
33-15-10-01.....................  Pesticide use restricted      10/1/87  5/12/89, 54 FR
                                   Subsection 1 and              1/1/89   20574.
                                   Subsection 2.                         8/9/90, 55 FR 32403
33-15-10-02.....................  Restrictions on the           10/1/87  5/12/89, 54 FR       Excluding
                                   disposal of surplus                    20574.               subsections 2, 3,
                                   pesticides and empty                                        4, and 5 which
                                   pesticide containers.                                       were subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
33-15-10-02.2, 33-15-10-02.3, 33- Restrictions on the            1/1/89  8/9/90, 55 FR 32403
 15-10-02.4.                       disposal of surplus
                                   pesticides and empty
                                   pesticide containers.
33-15-10-02.5...................  Restrictions on the            6/1/90  6/26/92, 57 FR
                                   disposal of surplus                    28619.
                                   pesticides and empty
                                   pesticide containers.
----------------------------------------------------------------------------------------------------------------
                             33-15-11 Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
33-15-11-01.....................  Air pollution emergency.      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-11-02.....................  Air pollution episode         10/1/87  5/12/89, 54 FR
                                   criteria.                              20574.
33-15-11-03.....................  Abatement strategies          10/1/87  5/12/89, 54 FR
                                   emission reduction                     20574.
                                   plans.
33-15-11-04.....................  Preplanned abatement          10/1/87  5/12/89, 54 FR
                                   strategies plans.                      20574.
33-15-11-Table 6................  Air pollution episode          8/1/95  4/21/97, 62 FR
                                   criteria.                              19224.
33-15-11-Table 7................  Abatement strategies           8/1/95  4/21/97, 62 FR
                                   emission reduction                     19224.
                                   plans.
----------------------------------------------------------------------------------------------------------------
33-15-14 Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit
                                                   to Operate
----------------------------------------------------------------------------------------------------------------
33-15-14-01.....................  Designated air                 8/1/95  11/4/11, 76 FR
                                   contaminant sources.                   68317.
33-15-14-01.1...................  Definitions.............       1/1/96  4/21/97, 62 FR
                                                                          19224.

[[Page 644]]

 
33-15-14-02.....................  Permit to Construct.....       3/1/94  8/21/95, 60 FR       Excluding
                                                                          43396.               subsections 12,
                                                                                               3.c, 13.b.1, 5,
                                                                                               13.c, 13.i(5),
                                                                                               13.o, and 19 (one
                                                                                               sentence) which
                                                                                               were subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
                                                                                              See additional
                                                                                               interpretive
                                                                                               materials cited
                                                                                               in 57 FR 28619, 6/
                                                                                               26/92, regarding
                                                                                               the State's
                                                                                               commitment to
                                                                                               meet the
                                                                                               requirements of
                                                                                               EPA's ``Guideline
                                                                                               on Air Quality
                                                                                               Models
                                                                                               (Revised).''
33-15-14-02.5 and 33-15-14-       Review of application--        3/1/03  8/8/05, 70 FR 45539
 02.13.i(5).                       Standard for granting
                                   permits to construct
                                   and Exemptions.
33-15-14-02.12..................  [Reserved]..............     8/1/95 &  4/21/97, 62 FR       Moved this section
                                                                 1/1/96   19224.               related to fees
                                                                                               for Permit to
                                                                                               Construct to a
                                                                                               new chapter, 33-
                                                                                               15-23, Fees.
33-15-14-02.3.c.................  Alterations to a source.       9/1/98  8/31/99, 64 FR       See additional
                                                                          47395.               interpretive
                                                                                               materials cited
                                                                                               in 64 FR 47395, 8/
                                                                                               31/99.
33-15-14-02.13.b.1..............  Exemptions..............       6/1/01  2/28/03, 68 FR 9565
33-15-14-02.13.c and 33-15-14-    Exemptions..............       1/1/07  5/27/08, 73 FR
 02.13.o.                                                                 30308.
33-15-14-02.19 (one sentence--    Amendment of permits....       3/1/03  1/24/06, 71 FR 3764  Only one sentence
 see explanation).                                                                             was revised and
                                                                                               approved with
                                                                                               this action. That
                                                                                               sentence reads:
                                                                                               ``In the event
                                                                                               that the
                                                                                               modification
                                                                                               would be a major
                                                                                               modification as
                                                                                               defined in
                                                                                               Chapter 33-15-15,
                                                                                               the department
                                                                                               shall follow the
                                                                                               procedures
                                                                                               established in
                                                                                               Chapter 33-15-
                                                                                               15.'' The
                                                                                               remainder of
                                                                                               subsection 19 was
                                                                                               approved on 8/21/
                                                                                               95 (60 FR 43396).
                                                                                               See above.
33-15-14-03.....................  Minor source permit to         3/1/94  8/21/95, 60 FR       Excluding
                                   operate.                               43396.               subsections 10,
                                                                                               1.c, 4,
                                                                                               5.a(1)(d), 11,
                                                                                               and 16 (one
                                                                                               sentence) which
                                                                                               were subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
                                                                                              Also see 40 CFR
                                                                                               52.1834.

[[Page 645]]

 
33-15-14-03.10..................  [Reserved]..............     8/1/95 &  4/21/97, 62 FR       Moved this section
                                                                 1/1/96   19224.               related to fees
                                                                                               for Permit to
                                                                                               Operate to a new
                                                                                               chapter, 33-15-
                                                                                               23, Fees.
33-15-14-03.1.c.................  Permit to operate              6/1/01  2/28/03, 68 FR 9565
                                   required.
33-15-14-03.4, 33-15-14-          Performance testing,           3/1/03  8/8/05, 70 FR 45539
 03.5.a(1)(d) & 33-15-14-03.11.    action on applications,
                                   and performance and
                                   emission testing.
33-15-14-03.16 (One sentence--    Amendment of permits....       3/1/03  1/24/06, 71 FR 3764  Only one sentence
 see explanation).                                                                             was revised and
                                                                                               approved with
                                                                                               this action. That
                                                                                               sentence reads:
                                                                                               ``In the event
                                                                                               that the
                                                                                               modification
                                                                                               would be a major
                                                                                               modification as
                                                                                               defined in
                                                                                               Chapter 33-15-15,
                                                                                               the department
                                                                                               shall follow the
                                                                                               procedures
                                                                                               established in
                                                                                               Chapter 33-15-
                                                                                               15.'' The
                                                                                               remainder of
                                                                                               subsection 16 was
                                                                                               approved on 8/21/
                                                                                               95 (60 FR 43396).
                                                                                               See above.
33-15-14-04.....................  Permit fees (repealed)..       3/1/94  8/21/95, 60 FR
                                                                          43396.
33-15-14-05.....................  Common provisions              3/1/94  8/21/95, 60 FR
                                   applicable to both                     43396.
                                   permit to construct and
                                   permit to operate
                                   (repealed).
33-15-14-07.....................  Source exclusion from          6/1/01  2/28/03, 68 FR 9565
                                   title V permit to
                                   operate requirements.
----------------------------------------------------------------------------------------------------------------
                         33-15-15 Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
33-15-15-01.....................  General Provisions             2/1/05  7/19/07, 72 FR
                                   (Repealed).                            39564.
33-15-15-01.1...................  Purpose.................       2/1/05  7/19/07, 72 FR
                                                                          39564.
33-15-15-01.2...................  Prevention of                10/27/10  9/27/12, 77 FR
                                   Significant                            64734.
                                   Deterioration of Air
                                   Quality, Scope.
33-15-15-02.....................  Reclassification........       2/1/05  7/19/07, 72 FR
                                                                          39564.
----------------------------------------------------------------------------------------------------------------
                                   33-15-17 Restriction of Fugitive Emissions
----------------------------------------------------------------------------------------------------------------
33-15-17-01.....................  General provisions--           6/1/01  2/28/03, 68 FR 9565
                                   applicability and
                                   designation of affected
                                   facilities.
33-15-17-02.....................  Restriction of fugitive        1/1/07  5/27/08, 73 FR
                                   particulate emissions.                 30308.
33-15-17-03.....................  Reasonable precautions        6/20/78  11/2/79, 44 FR
                                   for abating and                        63102.
                                   preventing fugitive
                                   particulate emissions.
33-15-17-04.....................  Restriction of fugitive       6/20/78  11/2/79, 44 FR
                                   gaseous emissions.                     63102.
----------------------------------------------------------------------------------------------------------------
                                             33-15-18 Stack Heights
----------------------------------------------------------------------------------------------------------------
33-15-18-01.....................  General provisions......      10/1/87  11/14/88, 53 FR
                                                                          45763.
33-15-18-02.....................  Good engineering              10/1/87  11/14/88, 53 FR
                                   practice demonstrations.               45763.
33-15-18-03.....................  Exemptions..............      10/1/87  11/14/88, 53 FR
                                                                          45763.
----------------------------------------------------------------------------------------------------------------

[[Page 646]]

 
                                         33-15-19 Visibility Protection
----------------------------------------------------------------------------------------------------------------
33-15-19-01.....................  General provisions......      10/1/87  9/28/88, 53 FR
                                                                          37757.
33-15-19-02.....................  Review of new major           10/1/87  9/28/88, 53 FR
                                   stationary sources and                 37757.
                                   major modifications.
33-15-19-03.....................  Visibility monitoring...      10/1/87  9/28/88, 53 FR
                                                                          37757.
----------------------------------------------------------------------------------------------------------------
                    33-15-20 Control of Emissions From Oil and Gas Well Production Facilities
----------------------------------------------------------------------------------------------------------------
33-15-20-01.....................  General provisions......       6/1/92  8/21/95, 60 FR
                                                                          43396.
33-15-20-02.....................  Registration and               6/1/92  8/21/95, 60 FR
                                   reporting requirements.                43396.
33-15-20-03.....................  Prevention of                  6/1/92  8/21/95, 60 FR
                                   significant                            43396.
                                   deterioration
                                   applicability and
                                   source information
                                   requirements.
33-15-20-04.....................  Requirements for control       6/1/90  6/26/92, 57 FR
                                   of production facility                 28619.
                                   emissions.
----------------------------------------------------------------------------------------------------------------
                                                  33-15-23 Fees
----------------------------------------------------------------------------------------------------------------
33-15-23-01.....................  Definitions.............       8/1/95  4/21/97, 62 FR
                                                                          19224.
33-15-23-02.....................  Permit to construct fees       8/1/95  4/21/97, 62 FR
                                                                          19224.
33-15-23-03.....................  Minor source permit to         4/1/09  11/4/11, 76 FR
                                   operate fees.                          68317 .
33-15-25-01.....................  Definitions.............       1/1/07  4/6/12, 77 FR 20894
33-15-25-02.....................  Best available retrofit        1/1/07  4/6/12, 77 FR 20894
                                   technology.
33-15-25-03.....................  Guidelines for best            1/1/07  4/6/12, 77 FR 20894
                                   available retrofit
                                   technology
                                   determinations under
                                   the regional haze rule.
33-15-25-04.....................  Monitoring,                    1/1/07  4/6/12, 77 FR 20894
                                   recordkeeping, and
                                   reporting.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

     (d) EPA-approved source-specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                               State
         Name of source             Nature of requirement    effective    EPA approval date      Explanations
                                                                date      and  citation \3\
----------------------------------------------------------------------------------------------------------------
Leland Olds Station Unit 1......  SIP Chapter 8, Section         5/6/77  10/17/77, 42 FR
                                   8.3, Continuous                        55471.
                                   Emission Monitoring
                                   Requirements for
                                   Existing Stationary
                                   Sources, including
                                   amendments to Permits
                                   to Operate and
                                   Department Order.
                                  Air pollution control         2/23/10  4/6/12, 77 FR 20894
                                   permit to construct for
                                   best available retrofit
                                   technology (BART),
                                   PTC10004.
Leland Olds Station Unit 2......  SIP Chapter 8, Section         5/6/77  10/17/77, 42 FR
                                   8.3, Continuous                        55471.
                                   Emission Monitoring
                                   Requirements for
                                   Existing Stationary
                                   Sources, including
                                   amendments to Permits
                                   to Operate and
                                   Department Order.
                                  Air pollution control         2/23/10  4/6/12, 77 FR 20894
                                   permit to construct for
                                   best available retrofit
                                   technology (BART),
                                   PTC10004.
Milton R. Young Station Unit 1..  SIP Chapter 8, Section         5/6/77  10/17/77, 42 FR
                                   8.3, Continuous                        55471.
                                   Emission Monitoring
                                   Requirements for
                                   Existing Stationary
                                   Sources, including
                                   amendments to Permits
                                   to Operate and
                                   Department Order.
                                  Air pollution control         2/23/10  4/6/12, 77 FR 20894
                                   permit to construct for
                                   best available retrofit
                                   technology (BART),
                                   PTC10007.

[[Page 647]]

 
Milton R. Young Station Unit 2..  Air pollution control         2/23/10  4/6/12, 77 FR 20894
                                   permit to construct for
                                   best available retrofit
                                   technology (BART),
                                   PTC10007.
Coal Creek Station Unit 1.......  Air pollution control         2/23/10  4/6/12, 77 FR 20894  Excluding the NOX
                                   permit to construct for                                     BART emissions
                                   best available retrofit                                     limits for Unit 1
                                   technology (BART),                                          and corresponding
                                   PTC10005.                                                   monitoring,
                                                                                               recordkeeping,
                                                                                               and reporting
                                                                                               requirements,
                                                                                               which EPA
                                                                                               disapproved.
Coal Creek Station Unit 2.......  Air pollution control         2/23/10  4/6/12, 77 FR 20894  Excluding the NOX
                                   permit to construct for                                     BART emissions
                                   best available retrofit                                     limits for Unit 2
                                   technology (BART),                                          and corresponding
                                   PTC10005.                                                   monitoring,
                                                                                               recordkeeping,
                                                                                               and reporting
                                                                                               requirements,
                                                                                               which EPA
                                                                                               disapproved.
Stanton Station Unit 1..........  SIP Chapter 8, Section         5/6/77  10/17/77, 42 FR
                                   8.3, Continuous                        55471.
                                   Emission Monitoring
                                   Requirements for
                                   Existing Stationary
                                   Sources, including
                                   amendments to Permits
                                   to Operate and
                                   Department Order.
                                  Air pollution control         2/23/10  4/6/12, 77 FR 20894
                                   permit to construct for
                                   best available retrofit
                                   technology (BART),
                                   PTC10006.
Heskett Station Unit 1..........  SIP Chapter 8, Section         5/6/77  10/17/77, 42 FR
                                   8.3, Continuous                        55471.
                                   Emission Monitoring
                                   Requirements for
                                   Existing Stationary
                                   Sources, including
                                   amendments to Permits
                                   to Operate and
                                   Department Order.
Heskett Station Unit 2..........  SIP Chapter 8, Section         5/6/77  10/17/77, 42 FR
                                   8.3, Continuous                        55471.
                                   Emission Monitoring
                                   Requirements for
                                   Existing Stationary
                                   Sources, including
                                   amendments to Permits
                                   to Operate and
                                   Department Order.
                                  Air Pollution Control         7/22/10  4/6/12, 77 FR 20894
                                   Permit to Construct,
                                   PTC10028.
Coyote Station Unit 1...........  Air Pollution Control         3/14/11  4/6/12, 77 FR 20894
                                   Permit to Construct,
                                   PTC10008.
American Crystal Sugar at         SIP Chapter 8, Section         5/6/77  10/17/77, 42 FR
 Drayton.                          8.3, Continuous                        55471.
                                   Emission Monitoring
                                   Requirements for
                                   Existing Stationary
                                   Sources, including
                                   amendments to Permits
                                   to Operate and
                                   Department Order.
Tesoro Mandan Refinery..........  SIP Chapter 8, Section        2/27/07  5/27/08, 73 FR
                                   8.3.1, Continuous                      30308.
                                   Opacity Monitoring for
                                   Fluid Bed Catalytic
                                   Cracking Units: Tesoro
                                   Refining and Marketing
                                   Co., Mandan Refinery.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (e) EPA-approved nonregulatory provisions.

[[Page 648]]



----------------------------------------------------------------------------------------------------------------
                                                               State
                                                             submittal
    Name of nonregulatory SIP     Applicable geographic or     date/      EPA approval date      Explanations
            provision                non-attainment area      adopted      and citation \3\
                                                                date
----------------------------------------------------------------------------------------------------------------
(1) Implementation Plan for the   Statewide...............   Submitted:  5/31/72, 37 FR       Excluding
 Control of Air Pollution for                                  1/24/72;   10842.               subsequent
 the State of North Dakota.                                 Adopted: 1/                        revisions, as
                                                                  24/72                        follows: Chapters
                                                                                               1, 6, 7, 9, 11,
                                                                                               and 12; Sections
                                                                                               1.14, 2.11, 3.7,
                                                                                               6.8, 6.10, 6.11,
                                                                                               6.13, 7.7, and
                                                                                               8.3; and
                                                                                               Subsections
                                                                                               3.2.1, 5.2.1,
                                                                                               6.11.3, 7.8.1.A,
                                                                                               7.8.1.B, 7.8.1.C,
                                                                                               and 8.3.1.
                                                                                               Revisions to
                                                                                               these non-
                                                                                               regulatory
                                                                                               provisions have
                                                                                               subsequently been
                                                                                               approved. See
                                                                                               below.
Chapters:
    1. Introduction.............
    2. Legal Authority..........
    3. Control Strategy.........
    4. Compliance Schedule......
    5. Prevention of Air
     Pollution Emergency
     Episodes.
    7. Review of New Sources and
     Modifications.
    8. Source Surveillance......
    9. Resources................
    10. Inter-governmental
     Cooperation.
    11. Rules and Regulations...
With subsequent revisions to the
 chapters as follows:
(2) Revisions to SIP Chapter 8,   ........................   Submitted:  10/17/77, 42 FR
 Section 8.3.                                                   5/26/77   55471.
(3) Revisions to SIP Chapter 2,   ........................   Submitted:  8/12/80, 45 FR
 Section 2.11.                                                  1/17/80   53475.
(4) SIP Chapter 6, Air Quality    ........................   Submitted:  8/12/80, 45 FR
 Surveillance.                                                  1/17/80   53475.
(5) Revisions to SIP Chapter 6,   ........................   Submitted:  9/28/88, 53 FR
 Section 6.10.                                                  1/26/88   37757.
(6) Revisions to SIP Chapter 3,   ........................   Submitted:  10/5/89, 54 FR
 Section 3.7.                                                   4/18/89   41094.
(7) Revisions to SIP Chapter 3,   ........................   Submitted:  8/9/90, 55 FR 32403
 Section 3.2.1.                                                 4/18/89
(8) Revisions to SIP Chapter 5,   ........................   Submitted:  8/9/90, 55 FR 32403
 Section 5.2.1.                                                 4/18/89
(9) Revisions to SIP Chapter 6,   ........................   Submitted:  8/9/90, 55 FR 32403
 Section 6.11.                                                  4/18/89

[[Page 649]]

 
(10) Revisions to SIP Chapter 6,  ........................   Submitted:  4/21/97, 62 FR
 Section 6.13.                                                   1/9/96   19224.
(11) Revisions to Chapter 11,     ........................  ...........  ...................  See the table
 Rules & Regulations.                                                                          listed above
                                                                                               under Sec.
                                                                                               52.1820 (c)(1)
                                                                                               for most current
                                                                                               version of EPA-
                                                                                               approved North
                                                                                               Dakota
                                                                                               regulations.
(12) SIP to meet Air Quality      Statewide...............   Submitted:  8/12/80, 45 FR
 Monitoring 40 CFR part 58,                                     1/17/80   53475.
 subpart c, paragraph 58.20 and
 public notification required
 under section 127 of the Clean
 Air Act.
(13) Stack Height Demonstration   Statewide...............   Submitted:  6/7/89, 54 FR 24334
 Analysis.                                                  4/18/86 and
                                                                7/21/87
(14) Visibility New Source        Statewide...............   Submitted:  9/28/88, 53 FR
 Review and Visibility                                          1/26/88   37757.
 Monitoring.
(15) Commitment to revise stack   Statewide...............   Submitted:  11/14/88, 53 FR      See also 40 CFR
 height rules in response to                                    5/11/88   45763.               52.1832.
 NRDC v. Thomas, 838 F.2d 1224
 (DC Cir. 1988).
(16) Visibility General Plan and  Statewide...............   Submitted:  10/5/89, 54 FR       See also 40 CFR
 Long-term Strategy.                                            4/18/89   41094.               52.1831.
(17) Group III PM10 SIP.........  Statewide...............   Submitted:  8/9/90, 55 FR 32403  See additional
                                                                4/18/89                        interpretive
                                                                                               materials cited
                                                                                               in 55 FR 32403, 8/
                                                                                               9/90.
(18) Commitment to meet all       Statewide...............   Submitted:  6/26/92, 57 FR       See additional
 requirements of EPA's Guideline                                2/14/92   28619.               interpretive
 on Air Quality Models (revised)                                                               materials cited
 for air quality modeling                                                                      in 57 FR 28619, 6/
 demonstrations associated with                                                                26/92. Also see
 the permitting of new PSD                                                                     40 CFR 52.1824.
 sources, PSD major
 modifications, and sources to
 be located in nonattainment
 areas.
(19) Small Business Assistance    Statewide...............   Submitted:  1/11/94, 59 FR 1485  See additional
 Program (SIP Chapter 12).                                  11/2/92 and                        interpretive
                                                                1/18/93                        materials cited
                                                                                               in 59 FR 1485, 1/
                                                                                               11/94.
(20) Revisions to SIP Chapter 8,  Submitted: 3/8/07.......  5/27/08, 73
 Section 8.3.1.                                                FR 30308

[[Page 650]]

 
(21) Section 7.8, Interstate      Statewide...............   Submitted:  6/3/10, 75 FR 31290  Includes portions
 Transport of Air Pollution                                     4/6/09;                        of Subsection
 (only 7.8.1.A, portions of                                 Adopted: 4/                        7.8.1 as
 7.8.1.B, and 7.8.1.C, see                                        01/09                        indicated below:
 explanation).                                                                                 7.8.1.A,
                                                                                               ``Overview,'' the
                                                                                               language of
                                                                                               Subsection
                                                                                               7.8.1.B,
                                                                                               ``Nonattainment
                                                                                               and Maintenance
                                                                                               Area Impact,''
                                                                                               that specifically
                                                                                               addresses the
                                                                                               ``significant
                                                                                               contribution to
                                                                                               nonattainment''
                                                                                               requirement of
                                                                                               CAA Section
                                                                                               110(a)(2)(D)(i),
                                                                                               and all of
                                                                                               7.8.1.C.
(22) Section 7.8, Interstate      Statewide...............   Submitted:  11/22/10, 75 FR      Includes portions
 Transport of Air Pollution                                     4/6/09;   71023.               of Subsection
 (only portion of 7.8.1.B).                                 Adopted: 4/                        7.8.1.B,
                                                                  01/09                        ``Nonattainment
                                                                                               and Maintenance
                                                                                               Area Impact,''
                                                                                               that specifically
                                                                                               address the
                                                                                               ``interference
                                                                                               with
                                                                                               maintenance''
                                                                                               requirement of
                                                                                               CAA Section
                                                                                               110(a)(2)(D)(i).
(23) North Dakota State           Statewide...............   Submitted:  4/6/12, 77 FR 20894  Excluding portions
 Implementation Plan for                                         3/3/10                        of the following:
 Regional Haze.                                                                                Sections 7.4,
                                                                                               9.5, 9.7, and
                                                                                               10.6, and
                                                                                               Appendices B.2,
                                                                                               and D.2, and all
                                                                                               of Appendix A.4,
                                                                                               because EPA
                                                                                               disapproved the
                                                                                               NOX BART
                                                                                               determination for
                                                                                               Coal Creek
                                                                                               Station Units 1
                                                                                               and 2, the
                                                                                               reasonable
                                                                                               progress
                                                                                               determination for
                                                                                               Antelope Valley
                                                                                               Station Units 1
                                                                                               and 2 regarding
                                                                                               NOX controls, the
                                                                                               reasonable
                                                                                               progress goals,
                                                                                               and parts of the
                                                                                               long-term
                                                                                               strategy, and
                                                                                               because the
                                                                                               provisions
                                                                                               applicable to
                                                                                               Coyote Station
                                                                                               were superseded
                                                                                               by a later
                                                                                               submittal.
(24) North Dakota State           Statewide...............   Submitted:  4/6/12, 77 FR 20894
 Implementation Plan for                                        7/27/10
 Regional Haze Supplement No. 1.

[[Page 651]]

 
(25) North Dakota State           Statewide...............   Submitted:  4/6/12, 77 FR 20894  Including only
 Implementation Plan for                                        7/28/11                        Section 10.6.1.2,
 Regional Haze Amendment No. 1.                                                                Appendix A.4, and
                                                                                               introductory
                                                                                               elements that
                                                                                               pertain to the
                                                                                               NOX requirements
                                                                                               for Coyote
                                                                                               Station;
                                                                                               excluding all
                                                                                               other portions of
                                                                                               the submittal.
(26) Revisions to SIP Chapter 6,  Statewide...............   Submitted:  9/17/12, 77 FR
 Section 6.8, Annual Network                                    4/6/09;   57031.
 Review.                                                    Adopted: 4/
                                                                   1/09
(27) Revisions to SIP Chapter 6,  Statewide...............   Submitted:  9/17/12, 77 FR
 Section 6.11.3, Air Quality                                    4/6/09;   57031.
 Surveillance: Ozone.                                       Adopted: 4/
                                                                   1/09
(28) Revisions to SIP Chapter 9,  Statewide...............   Submitted:  9/17/12, 77 FR
 Resources.                                                     4/6/09;   57031.
                                                            Adopted: 4/
                                                                   1/09
(29) Revisions to SIP Chapter 1,  Statewide...............   Submitted:  9/17/12, 77 FR
 Section 1.14, Revisions to the                                 4/6/09;   57031.
 Implementation Plan.                                       Adopted: 4/
                                                                   1/09
(30) Revisions to SIP Chapter 7,  Statewide...............   Submitted:  9/17/12, 77 FR
 Section 7.7, Air Quality                                       4/6/09;   57031.
 Modeling.                                                  Adopted: 4/
                                                                   1/09
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[72 FR 9266, Mar. 1, 2007, as amended at 72 FR 39565, July 19, 2007; 73 
FR 30313, May 27, 2008; 73 FR 36594, June 27, 2008; 75 FR 31305, June 3, 
2010; 75 FR 71028, Nov. 22, 2010; 76 FR 68321, Nov. 4, 2011; 77 FR 
20941, Apr. 6, 2012; 77 FR 57031, Sept. 17, 2012; 77 FR 64745, Oct. 23, 
2012]



Sec. 52.1821  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Fargo-Moorhead Interstate...............          II        III       III       III           III
North Dakota Intrastate..............................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10885, May 31, 1972]



Sec. 52.1822  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves the North Dakota plan for the attainment and maintenance of the 
national standards.

[39 FR 7283, Feb. 25, 1974]

[[Page 652]]



Sec. 52.1823  [Reserved]



Sec. 52.1824  Review of new sources and modifications.

    (a)-(b) [Reserved]
    (c) The State of North Dakota has clarified the language contained 
in the North Dakota Administrative Code on the use of the EPA 
``Guideline on Air Quality Models'' as supplemented by the ``North 
Dakota Guideline for Air Quality Modeling Analysis''.In a letter to 
Douglas M. Skie, EPA, dated February 14, 1992, Dana K. Mount, Director 
of the Division of Environmental Engineering, stated:

    To clarify this issue, the State of North Dakota will commit to 
meeting all requirements of the EPA Guideline for air quality modeling 
demonstrations associated with the permitting of new PSD sources, PSD 
major modifications, and sources which will be located in nonattainment 
areas. If any conflict exists, the EPA Guideline will take precedence 
for these source categories.

[39 FR 7283, Feb. 25, 1974, as amended at 51 FR 40677, Nov. 7, 1986; 57 
FR 28620, June 26, 1992; 61 FR 16062, Apr. 11, 1996]



Sec. 52.1825  Federal implementation plan for regional haze.

    (a) Applicability. This section applies to each owner and operator 
of the following coal-fired electric generating units (EGUs) in the 
State of North Dakota: Coal Creek Station, Units 1 and 2; Antelope 
Valley Station, Units 1 and 2.
    (b) Definitions. Terms not defined below shall have the meaning 
given them in the Clean Air Act or EPA's regulations implementing the 
Clean Air Act. For purposes of this section:
    (1) Boiler operating day means a 24-hour period between 12 midnight 
and the following midnight during which any fuel is combusted at any 
time in the EGU. It is not necessary for fuel to be combusted for the 
entire 24-hour period.
    (2) Continuous emission monitoring system or CEMS means the 
equipment required by this section to sample, analyze, measure, and 
provide, by means of readings recorded at least once every 15 minutes 
(using an automated data acquisition and handling system (DAHS)), a 
permanent record of NOX emissions, other pollutant emissions, 
diluent, or stack gas volumetric flow rate.
    (3) NOX means nitrogen oxides.
    (4) Owner/operator means any person who owns or who operates, 
controls, or supervises an EGU identified in paragraph (a) of this 
section.
    (5) Unit means any of the EGUs identified in paragraph (a) of this 
section.
    (c) Emissions limitations. (1) The owners/operators subject to this 
section shall not emit or cause to be emitted NOX in excess 
of the following limitations, in pounds per million British thermal 
units (lb/MMBtu), averaged over a rolling 30-day period:

------------------------------------------------------------------------
                                               NOX Emission limit (lb/
                Source name                            MMBtu)
------------------------------------------------------------------------
Coal Creek Station, Units 1 and 2.........  0.13, averaged across both
                                             units.
Antelope Valley Station, Unit 1...........  0.17.
Antelope Valley Station, Unit 2...........  0.17.
------------------------------------------------------------------------

    (2) These emission limitations shall apply at all times, including 
startups, shutdowns, emergencies, and malfunctions.
    (d) Compliance date. The owners and operators of Coal Creek Station 
shall comply with the emissions limitation and other requirements of 
this section within five (5) years of the effective date of this rule, 
unless otherwise indicated in specific paragraphs. The owners and 
operators of Antelope Valley Station shall comply with the emissions 
limitations and other requirements of this section as expeditiously as 
practicable, but no later than July 31, 2018, unless otherwise indicated 
in specific paragraphs.
    (e) Compliance determination--(1) CEMS. At all times after the 
compliance date specified in paragraph (d) of this section, the owner/
operator of each unit shall maintain, calibrate, and operate a CEMS, in 
full compliance with the requirements found at 40 CFR part 75, to 
accurately measure NOX, diluent, and stack gas volumetric 
flow rate from each unit. The CEMS shall be used to determine compliance 
with the emission limitations in paragraph (c) of this section for each 
unit.
    (2) Method. (i) For any hour in which fuel is combusted in a unit, 
the owner/operator of each unit shall calculate the hourly average 
NOX concentration

[[Page 653]]

in lb/MMBtu at the CEMS in accordance with the requirements of 40 CFR 
part 75. At the end of each boiler operating day, the owner/operator 
shall calculate and record a new 30-day rolling average emission rate in 
lb/MMBtu from the arithmetic average of all valid hourly emission rates 
from the CEMS for the current boiler operating day and the previous 29 
successive boiler operating days.
    (ii) An hourly average NOX emission rate in lb/MMBtu is 
valid only if the minimum number of data points, as specified in 40 CFR 
part 75, is acquired by both the NOX pollutant concentration 
monitor and the diluent monitor (O2 or CO2).
    (iii) Data reported to meet the requirements of this section shall 
not include data substituted using the missing data substitution 
procedures of subpart D of 40 CFR part 75, nor shall the data have been 
bias adjusted according to the procedures of 40 CFR part 75.
    (f) Recordkeeping. Owner/operator shall maintain the following 
records for at least five years:
    (1) All CEMS data, including the date, place, and time of sampling 
or measurement; parameters sampled or measured; and results.
    (2) Records of quality assurance and quality control activities for 
emissions measuring systems including, but not limited to, any records 
required by 40 CFR part 75.
    (3) Records of all major maintenance activities conducted on 
emission units, air pollution control equipment, and CEMS.
    (4) Any other records required by 40 CFR part 75.
    (g) Reporting. All reports under this section shall be submitted to 
the Director, Office of Enforcement, Compliance and Environmental 
Justice, U.S. Environmental Protection Agency, Region 8, Mail Code 8ENF-
AT, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
    (1) Owner/operator shall submit quarterly excess emissions reports 
no later than the 30th day following the end of each calendar quarter. 
Excess emissions means emissions that exceed the emissions limits 
specified in paragraph (c) of this section. The reports shall include 
the magnitude, date(s), and duration of each period of excess emissions, 
specific identification of each period of excess emissions that occurs 
during startups, shutdowns, and malfunctions of the unit, the nature and 
cause of any malfunction (if known), and the corrective action taken or 
preventative measures adopted.
    (2) Owner/operator shall submit quarterly CEMS performance reports, 
to include dates and duration of each period during which the CEMS was 
inoperative (except for zero and span adjustments and calibration 
checks), reason(s) why the CEMS was inoperative and steps taken to 
prevent recurrence, any CEMS repairs or adjustments, and results of any 
CEMS performance tests required by 40 CFR part 75 (Relative Accuracy 
Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).
    (3) When no excess emissions have occurred or the CEMS has not been 
inoperative, repaired, or adjusted during the reporting period, such 
information shall be stated in the report.
    (h) Notifications. (1) Owner/operator shall submit notification of 
commencement of construction of any equipment which is being constructed 
to comply with the NOX emission limits in paragraph (c) of 
this section.
    (2) Owner/operator shall submit semi-annual progress reports on 
construction of any such equipment.
    (3) Owner/operator shall submit notification of initial startup of 
any such equipment.
    (i) Equipment operation. At all times, owner/operator shall maintain 
each unit, including associated air pollution control equipment, in a 
manner consistent with good air pollution control practices for 
minimizing emissions.
    (j) Credible Evidence. Nothing in this section 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 requirements of this section if the appropriate performance or 
compliance test procedures or method had been performed.

[77 FR 20944, Apr. 6, 2012]

[[Page 654]]



Sec. Sec. 52.1826-52.1828  [Reserved]



Sec. 52.1829  Prevention of significant deterioration of air quality.

    (a) The North Dakota plan, as submitted, is approved as meeting the 
requirements of Part C, Title I, of the Clean Air Act, except that it 
does not apply to sources proposing to construct on Indian Reservations.
    (b) Regulation for preventing of significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the North Dakota State 
implementation plan and are applicable to proposed major stationary 
sources or major modifications to be located on Indian Reservations.

[44 FR 63103, Nov. 2, 1979. Correctly designated at 44 FR 75635, Dec. 
21, 1979, as amended at 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 
24, 2003]



Sec. 52.1831  Visibility protection.

    A revision to the SIP was submitted by the Governor on April 18, 
1989, for visibility general plan requirements and long-term strategies.

[54 FR 41098, Oct. 5, 1989]



Sec. 52.1832  Stack height regulations.

    The State of North Dakota has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas 
M. Skie, EPA, dated May 11, 1988, Dana K. Mount, Director, Division of 
Environmental Engineering stated:

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

[53 FR 45764, Nov. 14, 1988]



Sec. 52.1833  Section 110(a)(2) infrastructure requirements.

    On November 23, 2009, Tom Bachman, Senior Environmental Engineer, 
North Dakota Department of Health, submitted a completeness criteria 
checklist which provides the State of North Dakota's SIP provisions 
which meet the requirements of CAA Section 110(a)(1) and (2). The 
following elements are approved for the 1997 ozone NAAQS: (A), (B), (C), 
(D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M). The 
following element is conditionally approved for the 1997 ozone NAAQS: 
(E)(ii).

[77 FR 57032, Sept. 17, 2012]



Sec. 52.1834  Minor source permit to operate program.

    Emission limitations and related provisions, which, in accordance 
with Rule 33-15-14-03, are established as federally enforceable 
conditions in North Dakota minor source operating permits, shall be 
enforceable by EPA. EPA reserves the right to deem permit conditions not 
federally enforceable. Such a determination will be made according to 
appropriate procedures and will be based upon the permit, permit 
approval procedures, or permit requirements which do not conform with 
the operating permit program requirements of EPA's underlying 
regulations.

[60 FR 43401, Aug. 21, 1995]



Sec. 52.1835  Change to approved plan.

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

[63 FR 45727, Aug. 27, 1998]



Sec. 52.1836  Change to approved plan.

    North Dakota Administrative Code Chapter 33-15-13, National Emission 
Standards for Hazardous Air Pollutants, is removed from the approved 
plan. This change is a result of EPA's July 7, 1995 interim approval of 
North Dakota's Title V Operating Permit program, in which it granted 
delegation of

[[Page 655]]

authority to North Dakota to implement and enforce Clean Air Act section 
112 requirements. That delegation of authority includes, among other 
things, the NESHAPs promulgated in 40 CFR part 61 (``part 61 NESHAPs''). 
With a September 10, 1997 submittal, the State requested delegation of 
authority to implement and enforce the Clean Air Act part 61 NESHAPSs 
(except subparts B, H, K, Q, R, T, and W, pertaining to radionuclides), 
as in effect on October 1, 1996. EPA did not act on the State's request 
for delegation of authority for 40 CFR part 61, subpart I (regarding 
radionuclide emissions from facilities licensed by the Nuclear 
Regulatory Commission and other Federal facilities not covered by 
subpart H) because EPA rescinded subpart I subsequent to the State's 
adoption of these revisions.

[67 FR 62398, Oct. 7, 2002]



                         Subpart JJ_North Dakota



Sec. 52.1837  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of North Dakota'' and all revisions submitted by North 
Dakota that were federally approved prior to July 31, 2006.
    (b) The plan was officially submitted on January 24, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Air quality maintenance area designation submitted June 26, 
1974, by the Governor.
    (2) Compliance schedules submitted on June 14, 1973, by the 
Governor.
    (3) Provision for public notice and comment on new source reviews 
and a revised compliance schedule submitted on February 19, 1974, by the 
Governor.
    (4) Clarification concerning the revision of the secondary 
particulate standard attainment date submitted on November 21, 1974, by 
the Governor.
    (5) Explanation of why sources could not comply by the original 
attainment date submitted April 23, 1975, by the State Department of 
Health.
    (6) Revisions to the North Dakota Century Code making emission data 
public information and revising penalties, revised new source 
performance standards, emission standards for hazardous air pollutants, 
and prevention of significant air quality deterioration regulations 
submitted on May 26, 1976, by the Governor.
    (7) Supplemental information stating that the complete new source 
application would be available for public review submitted August 23, 
1976 by the State Department of Health.
    (8) A revised compliance schedule for the Basin Electric Power Plant 
at Velva submitted on December 22, 1976, by the Governor.
    (9) Requirements for continuous opacity monitoring by 7 sources 
submitted on May 26, 1977, by the Governor.
    (10) Provisions to meet the requirements of Part C, Title I, and 
section 110 of the Clean Air Act, as amended in 1977, were submitted on 
July 17, 1978.
    (11) On January 25, 1980, the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart 
C, Sec. 58.20, and Public Notification required under section 127 of 
the Clean Air Act.
    (12) A revision requiring flares to meet 20% opacity and have 
automatic ignitors or pilots, increasing construction permit fees to 
$75.00 and establishing annual permit to operate fees was submitted on 
May 6, 1982 by the Governor.
    (13) [Reserved]
    (14) Revisions to the Prevention of Significant Deterioration 
requirements in Chapter 33-15-15 of the North Dakota regulations were 
submitted on October 28, 1982 by the Governor, with supplemental 
information submitted on July 5, 1983, March 8, 1984 and June 20, 1984, 
by the State Agency.
    (15) A revision to the SIP was submitted by the Governor on January 
26, 1988, for visibility monitoring and New Source Review.
    (i) Incorporation by reference.
    (A) In a letter dated January 26, 1988, Governor George A. Sinner 
submitted a SIP revision for visibility protection.
    (B) The SIP revision for visibility protection, ``Chapter 6, Air 
Quality Surveillance, Section 6.10, Visibility Monitoring'' and 
``Chapter 33-15-19, Visibility Protection'', became effective on October 
1, 1987, through action

[[Page 656]]

by the North Dakota Legislative Council.
    (16) On January 26, 1988, the Governor submitted a plan adding Stack 
Height Regulations, Chapter 33-15-18.
    (i) Incorporation by reference.
    (A) Addition to North Dakota Air Pollution Control Rules Chapter 33-
15-18, Stack Heights, was adopted on July 21, 1987 and effective on 
October 1, 1987.
    (17) In a letter dated April 18, 1986, the Director of the Division 
of Environmental Engineering, North Dakota Department of Health, 
submitted the stack height demonstration analysis with supplemental 
information submitted on July 21, 1987. EPA is approving the 
demonstration analysis for all of the stacks.
    (i) Incorporation by reference.
    (A) Stack height demonstration analysis submitted by the State on 
April 18, 1986 and July 21, 1987.
    (18) On January 26, 1988, the Governor of North Dakota submitted 
revisions to the plan. The revisions established new regulations and 
revised existing regulations and procedures.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of 
North Dakota Chapters 33-15-01, 33-15-02, 33-15-03, 33-15-04, 33-15-05, 
33-15-07, 33-15-10, 33-15-11, 33-15-14, and 33-15-15, inclusive, and the 
addition of a new chapter 33-15-20 which were effective on October 1, 
1987.
    (19) On April 18, 1989, the Governor of North Dakota submitted 
revisions to the plan. The revisions included updates to existing 
regulations and the Group III PM10 plan.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of 
North Dakota Chapters, 33-15-01, 33-15-02, 33-15-4, 33-15-07, 33-15-10, 
33-15-11, 33-15-14, and 33-15-15, inclusive, which were effective on 
January 1, 1989.
    (ii) Additional material.
    (A) August 22, 1989 letter from Dana K. Mount, Director of the 
Division of Environmental Engineering, to Doug Skie, EPA.
    (B) August 28, 1989 letter from Dana K. Mount, Director of the 
Division of Environmental Engineering, to Laurie Ostrand, EPA.
    (C) September 5, 1989 letter from Terry O'Clair, Assistant Director 
of the Division of Environmental Engineering, to Laurie Ostrand, EPA.
    (20) On June 26, 1990, the Governor of North Dakota submitted 
revisions to the plan. The revisions include amendments to the 
prevention of significant deterioration of air quality (PSD) regulations 
to incorporate the nitrogen dioxide (NO2) increments and to 
make several ``housekeeping'' modifications.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Administrative Code, Chapter 33-
15-15, Prevention of Significant Deterioration of Air Quality, effective 
June 1, 1990.
    (ii) Additional material.
    (A) October 22, 1990, letter from Douglas Skie, EPA, to Dana Mount, 
Director, Division of Environmental Engineering, North Dakota State 
Department of Health and Consolidated Laboratories.
    (B) November 6, 1990 letter from Dana Mount, Director, Division of 
Environmental Engineering, North Dakota State Department of Health and 
Consolidated Laboratories, to Douglas Skie, EPA.
    (21) On June 26, 1990, the Governor of North Dakota submitted 
revisions to the plan for new source performance standards.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of 
North Dakota Chapter 33-15-12 which was effective on June 1, 1990.
    (ii) Additional material.
    (A) January 7, 1991, letter from James J. Scherer, EPA, to George A. 
Sinner, Governor, State of North Dakota, on the authority for 
implementation and enforcement of the New Source Performance Standards 
(NSPS) for 40 CFR part 60, subpart QQQ.
    (22) On June 26, 1990, the Governor of North Dakota submitted 
revisions to the plan. The revisions include amendments to the hydrogen 
sulfide standard and the format of other ambient standards, and various 
other minor changes.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Administrative Code: General 
Provisions 33-15-01-04.30, 33-15-01-07.2, 33-15-01-08, 33-15-01-15.2, 
33-15-01-17; Ambient

[[Page 657]]

Air Quality Standards 33-15-02 Table 1 standards for sulfur dioxide, 
hydrogen sulfide, carbon monoxide, ozone, and nitrogen dioxide; 
Emissions of Particulate Matter Restricted 33-15-05-02.2e, Table 4; 
Control of Pesticides 33-15-10-02.5; Designated Air Contaminant Sources, 
Permit to Construct, Permit to Operate 33-15-14-02.4.a and b, 33-15-14-
02.5.a, 33-15-14-05.1.b(3); Control of Emissions from Oil and Gas Well 
Production Facilities 33-15-20-01.1, 33-15-20-01.2.l and m, 33-15-20-
02.1, 33-15-20-03.1, 2, and 3, 33-15-20-04; effective June 1, 1990.
    (ii) Additional material. Letter dated February 14, 1992, from Dana 
K. Mount, Director, Division of Environmental Engineering, to Douglas M. 
Skie, EPA. This letter provided the State's commitment to meet all 
requirements of the EPA ``Guideline on Air Quality Models (Revised)'' 
for air quality modeling demonstrations associated with the permitting 
of new PSD sources, PSD major modifications, and sources to be located 
in nonattainment areas.
    (23) On June 30, 1992, the Governor of North Dakota submitted 
revisions to the plan for new source performance standards and national 
emission standards for hazardous air pollutants.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules, Chapter 33-15-12, 
Standards of Performance for New Stationary Sources, and Chapter 33-15-
13, excluding Section 33-15-13-02, Emission Standards for Hazardous Air 
Pollutants, effective June 1, 1992.
    (24) On June 24, 1992, the governor of North Dakota submitted 
revisions to the plan. The revisions correct enforceability deficiencies 
in the SO2 regulations.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Administrative Codes, Chapter 33-
15-06, Emissions of Sulfur Compounds Restricted, which became effective 
June 1, 1992.
    (25) On November 2, 1992, the Governor of North Dakota submitted a 
plan for the establishment and implementation of a Small Business 
Assistance Program to be incorporated into the North Dakota State 
Implementation Plan as required by section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Executive Order 1992-5, executed May 21, 1992, to establish a 
Small Business Compliance Advisory Panel.
    (ii) Additional materials.
    (A) November 2, 1992 letter from the Governor of North Dakota 
submitting a Small Business Assistance Program plan to EPA.
    (B) The State of North Dakota plan for the establishment and 
implementation of a Small Business Assistance Program, adopted by the 
North Dakota State Department of Health and Consolidated Laboratories on 
October 23, 1992, effective October 23, 1992.
    (26) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with 
letters dated June 26, 1990, June 30, 1992, and April 29, 1994. The 
revisions address air pollution control rules regarding general 
provisions; emissions of particulate matter and organic compounds; new 
source performance standards (NSPS); national emission standards for 
hazardous air pollutants (NESHAPs); federally enforceable State 
operating permits (FESOPs); prevention of significant deterioration of 
air quality; and control of emissions from oil and gas well production 
facilities.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: 
Emissions of Particulate Matter Restricted 33-15-05-02, 33-15-05-03, and 
33-15-05-04; Control of Organic Compound Emissions 33-15-07; Prevention 
of Significant Deterioration of Air Quality 33-15-15-01; and Control of 
Emissions from Oil and Gas Well Production Facilities 33-15-20-01, 33-
15-20-02, and 33-15-20-03, effective June 1, 1992.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04 and 33-15-01-13; Standards of Performance for New 
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air 
Pollutants 33-15-13, effective June 1, 1992 and March 1, 1994.
    (C) Revisions to the Air Pollution Control Rules as follows: 
Designated Air Contaminant Sources, Permit to Construct, Minor Source 
Permit to Operate, Title V Permit to Operate, 33-15-

[[Page 658]]

14-01 through 33-15-14-05, effective March 1, 1994.
    (27) On April 29, 1994, the Governor of North Dakota submitted 
revisions to the prevention of significant deterioration regulations in 
chapter 33-15-15 of the North Dakota Air Pollution Control Rules to 
incorporate changes in the Federal PSD permitting regulations for 
utility pollution control projects, PM-10 increments, and municipal 
waste combustors.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 33-15-15 of the North Dakota Air Pollution 
Control Rules, Section 33-15-15-01, Subsections 1.a.(3) and (4), 1.c, 
1.e.(4), 1.h, 1.i, 1.m, 1.x.(2)(h)-(k), 1.aa.(2)(c), 1.bb, 1.dd, 1.ee, 
1.ff, 1.hh, 2.b, 4.d.(3)(a), and 4.j.(4)(b), effective 3/1/94.
    (28) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with a 
letter dated December 21, 1994. The submittal addressed revisions to air 
pollution control rules regarding general provisions; ambient air 
quality standards; new source performance standards (NSPS); and national 
emission standards for hazardous air pollutants (NESHAPs).
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-17 and 33-15-01-18; Ambient Air Quality Standards 
33-15-02-05 and 33-15-02 Table 1; Standards of Performance for New 
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air 
Pollutants 33-15-13, effective December 1, 1994.
    (B) [Reserved]
    (29) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with 
letters dated August 15, 1995 and January 9, 1996. The revisions address 
air pollution control rules regarding general provisions; open burning; 
emissions of particulate matter, certain settleable acids and alkaline 
substances, and fugitives; air pollution emergency episodes; new source 
performance standards (NSPS); national emission standards for hazardous 
air pollutants (NESHAPs); and the minor source construction and 
operating permit programs. The State's January 9, 1996 submittal also 
revised SIP Chapter 6, Air Quality Surveillance, to identify current 
activities regarding visibility monitoring.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: 
Emissions of Particulate Matter Restricted 33-15-05-03., 33-15-05-03.1., 
33-15-05-03.2., and 33-15-05-03.3.; Prevention of Air Pollution 
Emergency Episodes 33-15-11 Tables 6 and 7; and Fees 33-15-23-01, 33-15-
23-02, and 33-15-23-03, effective August 1, 1995.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04; Emission Standards for Hazardous Air Pollutants 
33-15-13, except 33-15-13-01-2., Subpart I; Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate 33-15-14-01, 33-15-14-01.1., 33-15-14-02.12., and 33-
15-14-03.10.; effective August 1, 1995 and January 1, 1996.
    (C) Revisions to the Air Pollution Control Rules as follows: Open 
Burning Restrictions 33-15-04; Emissions of Certain Settleable Acids and 
Alkaline Substances Restricted 33-15-09; Standards of Performance for 
New Stationary Sources 33-15-12; and Restriction of Fugitive Emissions 
33-15-17-01 and 33-15-17-02, effective January 1, 1996.
    (30) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with 
letters dated January 9, 1996 and September 10, 1997. The revisions 
address air pollution control rules regarding general provisions and 
emissions of particulate matter, sulfur compounds, and organic 
compounds.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rule Emissions of Sulfur 
Compounds Restricted, 33-15-06-01, effective January 1, 1996.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-03, 33-15-01-04.49, 33-15-01-13.2(b), 33-15-01-15.2, 
and 33-15-01-17.3; Emissions of Particulate Matter Restricted 33-15-05-
03.3.4; and Control of Organic Compound Emissions 33-15-07-01.1; 
effective September 1, 1997.
    (ii) Additional material.

[[Page 659]]

    (A) An April 8, 1997 letter from Dana Mount, North Dakota Department 
of Health, to Richard Long, EPA, to provide technical support 
documentation regarding the revisions to Chapter 33-15-06, Emissions of 
Sulfur Compounds Restricted.
    (B) A July 30, 1997 letter from Dana Mount, North Dakota Department 
of Health, to Amy Platt, EPA, to provide technical support documentation 
regarding the revisions to Chapter 33-15-06, Emissions of Sulfur 
Compounds Restricted.
    (C) A September 9, 1997 letter from Dana Mount, North Dakota 
Department of Health, to Larry Svoboda, EPA, to provide technical 
support documentation regarding the revisions to Chapter 33-15-06, 
Emissions of Sulfur Compounds Restricted.
    (31) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with a 
letter dated September 28, 1998. The revisions address air pollution 
control rules regarding general provisions, ambient air quality 
standards, emissions of particulate matter and organic compounds, and 
the permit to construct program.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04.6-52; Ambient Air Quality Standards 33-15-02-04, 
33-15-02-07.3, 33-15-02-07.4, and Table 2; Emissions of Particulate 
Matter Restricted 33-15-05-03.1; Control of Organic Compound Emissions 
33-15-07-01.1; and Designated Air Contaminant Sources, Permit to 
Construct, Minor Source Permit to Operate, Title V Permit to Operate 33-
15-14-02.3.c, effective September 1, 1998.
    (ii) Additional material.
    (A) An April 10, 1997 letter from Dana Mount, North Dakota 
Department of Health, to Richard Long, EPA, to provide technical support 
documentation regarding the impact of SB2356 on sulfur dioxide emission 
limits for existing and new coal conversion facilities and petroleum 
refineries.
    (B) A November 17, 1997 letter from William Delmore, North Dakota 
Assistant Attorney General, to Terry Lukas, EPA, to propose how the 
North Dakota Department of Health will implement the requirements of 
SB2356.
    (C) A June 10, 1998 letter from Dana Mount, North Dakota Department 
of Health, to Richard Long, EPA, to provide technical support 
documentation regarding the revisions to Chapter 33-15-02, Ambient Air 
Quality Standards, and Chapter 33-15-14, Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate (revisions specific to the permit to construct section 
only).
    (D) A December 1, 1998 letter from Dana Mount, North Dakota 
Department of Health, to Richard Long, EPA, to provide technical support 
documentation regarding how the State will enforce the revised sulfur 
dioxide standards in Chapter 33-15-02.
    (32) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with a 
letter dated June 21, 2001. The revisions address air pollution control 
rules regarding general provisions, emissions of particulate matter and 
fugitives, exclusions from Title V permit to operate requirements, and 
prevention of significant deterioration.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04, 33-15-01-12, and 33-15-01-15; Emissions of 
Particulate Matter Restricted 33-15-05-04.1; Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate 33-15-14-02.13.b.1, 33-15-14-03.1.c, and 33-15-14-07; 
Prevention of Significant Deterioration of Air Quality 33-15-15-01.1.hh 
and 33-15-15-01.2; and Restriction of Fugitive Emissions 33-15-17-01, 
effective June 1, 2001.
    (B) Revisions to the Air Pollution Control Rules as follows: 
Emissions of Particulate Matter Restricted 33-15-05-03.1, repealed 
effective July 12, 2000.
    (33) Certain revisions to the North Dakota State Implementation Plan 
and Air Pollution Control Rules as submitted by the Governor with a 
letter

[[Page 660]]

dated April 11, 2003. The revisions affect portions of North Dakota 
Administrative Code (N.D.A.C.) regarding general provisions and 
emissions of particulate matter and sulfur compounds.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Air Pollution Control Rules as 
follows:
    (1) Chapter 33-15-01, N.D.A.C., General Provisions, sections 33-15-
01-04, 33-15-01-17, and 33-15-01-18, effective March 1, 2003.
    (2) Chapter 33-15-05, N.D.A.C., Emissions of Particulate Matter 
Restricted, sections 33-15-05-02 and 33-15-05-04 and subsection 33-15-
05-03.3, effective March 1, 2003.
    (3) Chapter 33-15-06, N.D.A.C., Emissions of Sulfur Compounds 
Restricted, sections 33-15-06-01 and 33-15-06-03, effective March 1, 
2003.
    (34) Certain revisions to the North Dakota State Implementation Plan 
and Air Pollution Control Rules as submitted by the Governor with a 
letter dated April 11, 2003. The revisions affect portions of North 
Dakota Administrative Code (N.D.A.C.) regarding construction and minor 
source permitting and prevention of significant deterioration of air 
quality.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Air Pollution Control Rules as 
follows:
    (1) Chapter 33-15-14, N.D.A.C., Designated Air Contaminant Sources, 
Permit to Construct, Minor Source Permit to Operate, Title V Permit to 
Operate, subsections 33-15-14-02.5, 33-15-14-02.13.c, 33-15-14-
02.13.i(5), 33-15-14-03.4, 33-15-14-03.5.a(1)(d), and 33-15-14-03.11, 
effective March 1, 2003.
    (2) Chapter 33-15-15, N.D.A.C., Prevention of Significant 
Deterioration of Air Quality, subsections 33-15-15-01.1.x(2)(d) and 33-
15-15-01.4.h(3), effective March 1, 2003.
    (35) Certain revisions to the North Dakota State Implementation Plan 
and Air Pollution Control Rules as submitted by the Governor with a 
letter dated April 11, 2003. The revisions affect portions of North 
Dakota Administrative Code (N.D.A.C.) regarding construction and minor 
source permitting.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Air Pollution Control Rules as 
follows:
    (1) In Chapter 33-15-14, N.D.A.C., Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate, the sentence in each first paragraph of subsections 
33-15-14-02.19 and 33-15-14-03.16 that reads as follows, ``In the event 
that the modification would be a major modification as defined in 
chapter 33-15-15, the department shall follow the procedures established 
in chapter 33-15-15.'' These revisions were effective March 1, 2003.

[37 FR 10885, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1820, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                             Subpart KK_Ohio



Sec. 52.1870  Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Control of 
Suspended Particulates, Sulfur Dioxide, Carbon Monoxide, Hydrocarbons, 
Nitrogen Dioxide, and Photochemical Oxidants in the State of Ohio.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The revisions listed below were submitted on the dates 
specified.
    (1) Request for extensions and a revision of monitoring network was 
submitted on March 20, 1972, by the Ohio Air Pollution Control Board.
    (2) State provisions for making emissions data available to the 
public was outlined in a letter of May 8, 1972, by the Ohio Department 
of Health.
    (3) On May 9, 1972, the State provided assurance that action is 
being taken in the Assembly to secure authority for controlling auto 
emissions.
    (4) Amendments to air pollution regulations AP-3-11, 12, 13, 14, and 
AP-9-04 were forwarded on July 7, 1972, by the Governor.
    (5) Revisions to AP-2-01, 02, 04, 05; AP-3-01, 08, 09, 13; AP-9-01, 
02, 03 were submitted on August 4, 1972 by the Governor.
    (6) New regulations AP-13-01 and 13-02 were submitted on October 12, 
1972 by the Governor.
    (7) Letter from the Director of the Ohio EPA was submitted on June 
6, 1973, indicating that portions of AP-3-

[[Page 661]]

11, and AP-3-12 are for informational purposes only.
    (8) The Governor of Ohio submitted on July 2, 1973, the 
``Implementation Plan to Achieve Ambient Air Quality Standard for 
Photochemical Oxidant in the Cincinnati Air Quality Control Region'' and 
the ``Implementation Plan to Achieve Ambient Air Quality Standard for 
Photochemical Oxidant in the Toledo Air Quality Control Region.''
    (9) The Governor of Ohio submitted on July 24, 1973, the 
``Implementation Plan to Achieve Ambient Air Quality Standards for 
Photochemical Oxidants--Dayton Air Quality Control Region.''
    (10) On January 25, 1974, Ohio submitted a secondary particulate 
plan for three AQCR's in Ohio.
    (11) On July 16, 1975, Ohio submitted regulations revising the 
attainment dates for particulate matter, nitrogen oxides, carbon 
monoxide, hydrocarbons and photochemical oxidants.
    (12) The Governor of Ohio submitted on May 30, 1974 and August 10, 
1976, revisions to the Ohio Implementation for the control of open 
burning.
    (13) Consent and Abatement Order regarding Columbus and Southern 
Ohio Electric Company's Picway Units 3 and 4, submitted by Governor on 
October 17, 1975, supplemented on November 17, 1976 and June 1, 1977.
    (14) On July 27, 1979 the State submitted its nonattainment area 
plan for specific areas designated as nonattainment for ozone and carbon 
monoxide in the March 3, 1978 and October 5, 1978 Federal Registers (43 
FR 8962 and 43 FR 45993). The submittal contained Ohio's Part D 
nonattainment plans for the following ozone and carbon monoxide urban 
nonattainment areas: Akron, Canton, Cincinnati, Cleveland, Columbus, 
Dayton, Steubenville and Toledo. The submittal contained transportation 
control plans and demonstrations of attainment (for carbon monoxide and/
or ozone) for each of the above mentioned urban nonattainment areas. 
Regulations for the control of volatile organic compound emissions were 
not included with this submittal but were submitted separately on 
September 13, 1979.
    (15) On September 13, 1979, the State submitted regulations for the 
control of volatile organic compound and carbon monoxide emissions from 
stationary sources.
    (16) On December 28, 1979, the State amended the attainment 
demonstration submitted on July 27, 1979 for the Cleveland Urban area. 
On November 24, 1980 and July 21, 1981, the State submitted additional 
information on the transportation control plans for the Cleveland Urban 
area.
    (17) On January 8, 1980, the State amended the carbon monoxide 
attainment demonstration submitted on July 27, 1979 for the Steubenville 
urban area.
    (18) On January 15, 1980, the State amended the attainment 
demonstrations submitted on July 27, 1979 for the urban areas of 
Cincinnati, Toledo and Dayton.
    (19) On April 7, 1980 the State of Ohio committed to correct the 
deficiencies presented in the March 10, 1980 Notice of Proposed 
Rulemaking.
    (20) On April 15, 24, 28, May 27, July 23 and August 6, 1980 the 
State submitted comments on, technical support for, and commitments to 
correct the deficiencies cited in the March 10, 1980 Notice of Proposed 
Rulemaking. In addition to this the May 27, 1980 letter also contained a 
commitment by the State to adopt and submit to USEPA by each subsequent 
January, reasonable available control technology requirements for 
sources covered by the control techniques guidelines published by USEPA 
the preceding January.
    (21) On December 28, 1979 the State of Ohio submitted its Part D 
carbon monoxide and ozone nonattainment area plan for the Youngstown 
urban area. The submittal contained transportation control plans and 
demonstrations of attainment (for carbon monoxide and/or ozone). On 
February 12, 1980 the State amended the ozone attainment demonstration 
submitted on December 28, 1979.
    (22) On June 12, 1980 and August 6, 1980, the State submitted 
technical support and commitments to correct the deficiencies cited in 
the May 16, 1980 Notice of Proposed Rulemaking. On November 20, 1980 and 
July 21, 1981, the State submitted additional information on implementor 
commitments for the Youngstown Urban area.

[[Page 662]]

    (23) On May 8, 1979, Ohio submitted revisions to regulations 3745-
25-01 through 3745-25-04 (previously codified as AP-11-01 through AP-11-
04) containing emergency episode procedures.
    (24) On July 25, 1980 the State of Ohio submitted its Part D 
revision to the New Source Review portion of the State Implementation 
Plan. On September 25, 1980 the State submitted a response to the August 
26, 1980 Federal Register notice of proposed rulemaking. The response 
contained information which corrects certain deficiencies and commits to 
correct by a specified date other deficiencies.
    (25) The following information was submitted to USEPA regarding the 
Ohio Sulfur Dioxide Standards
    (i) On February 12, 1980 the Director of the Ohio EPA submitted the 
Ohio Administrative Code (OAC) Rules 3745-18-01 to 3745-18-94, Sulfur 
Dioxide Standards adopted on November 14, 1979 effective December 28, 
1979.
    (ii) Ohio EPA sent technical support for the Ohio Sulfur Dioxide 
Standards on September 12, 1979, October 23, 1979, May 16, 1980, March 
27, 1981, May 5, 1981, July 15, 1981 and September 24, 1981.
    (iii) The following regulations were withdrawn by the Governor of 
Ohio on May 16, 1980; OAC Rules 3745-18-08(H), 3745-18-15(B), 3745-18-
53(E), 3745-18-63(K), 3745-18-77(B) and 3745-18-90(C). These rules are 
applicable to the following plants:

    Cairo Chemical Corporation in Allen County, Crystal Tissue Company 
in Butler County, U.S. Steel Corporation, Lorain--Cuyahoga Works in 
Lorain County, Bergstrom Paper Company in Montgomery County, Mead 
Corporation in Ross County and Shell Chemical Company in Washington, 
County.

    (iv) The following regulations were withdrawn by the Governor of 
Ohio on December 19, 1980 only as it applies to the B.F. Goodrich 
Company, Avon Lake Chemical Plant in Lorain County; OAC 3745-18-53(A). 
These regulations are still applicable to other facilities in Lorain 
County.
    (v) The following regulations were withdrawn by the Governor of Ohio 
on February 13, 1981; OAC Rules 3745-18-49(J) which is applicable to the 
Ohio Rubber Company in Lake County and 3745-18-80(D) which is applicable 
to the Union Carbide Corporation in Seneca County.
    (vi) The Governor of Ohio submitted a revised OAC Rule 3745-18-80(D) 
which is applicable to the Union Carbide Corporation in Seneca County on 
April 30, 1981.
    (26) On February 8, 1980, the State of Ohio submitted a revision to 
provide for modification of the existing air quality surveillance 
network.
    (27) On February 18, and March 13, 1981, the Governor of Ohio 
submitted Rule 08 of Chapter 3745-17 of the Ohio Administrative Code for 
Middletown and the operating permits for the fugitive sources located at 
ARMCO's Middletown Works Plant.
    (28) On October 21 and November 21, 1980 the State submitted 
comments on, technical support for, and commitments to correct the 
deficiencies cited in the March 10, 1980 Notice of Proposed Rulemaking.
    (29) On September 17, 1980 the State of Ohio submitted a vehicle 
inspection and maintenance (I/M) program developed for the urbanized 
area of Cleveland and the Ohio portion of the Cincinnati metropolitan 
area. On December 5, 1980 the State submitted comments on, and 
commitments for correcting, the deficiencies cited in the November 7, 
1980 Supplemental Notice of Proposed Rulemaking.
    (30) On February 18, 1981, the State of Ohio committed itself to 
submit by December 31, 1981, the corrective materials for the 
Middletown, Ohio total suspended particulate plan.
    (31) On March 27, 1981 and March 10, 1982 the State of Ohio 
submitted revisions to the total suspended particulate (TSP) portion of 
its State Implementation Plan (SIP). These revisions are in the form of 
an alternative emissions reduction plan (bubble) for the General Motors 
(GM) Central Foundry located in Defiance County, Ohio. Incorporated into 
Ohio's SIP are the emission limitations, interim and final compliance 
milestones, control equipment requirements and testing procedures 
specified in the variances and permits submitted for the GM bubble.
    (32) On July 27, 1979, the State of Ohio submitted materials to 
satisfy the general requirements of the Clean Air Act under sections 
110(a)(2)(K); 126, 127,

[[Page 663]]

and 128. On January 30, 1981, the State of Ohio also submitted an 
amended substitute Senate Bill 258, which was enacted into law on 
December 19, 1980, amending Ohio Revised Code 3704.
    (33) Revision to plan allowing Standard Oil Company of Ohio Toledo 
refinery variances from State Regulations 3745-21-09(M) (1) and (2) 
submitted April 10, 1981 by the State.
    (34) Revision to plan allowing Standard Oil Company of Ohio Lima 
refinery variance from State Regulation 3745-21-09(M)(2) submitted April 
10, 1981 by the State.
    (35) On August 27, 1981, the State of Ohio submitted a variance for 
the Pipeline Working Tank at the ARCO Pipeline Refinery in Summit 
County, Ohio.
    (36)-(37) [Reserved]
    (38) The Governor of Ohio on June 15, 1981 submitted a revision to 
the ozone portion of the Ohio State Implementation Plan. This revision 
is for six coating lines located at the Speciality Materials Division of 
Fasson-Avery located in Lake County, Ohio.
    (39) On August 27, 1981, the State of Ohio submitted a variance for 
the Pipeline Working Tank at the ARCO Pipeline Refinery in Lucas County, 
Ohio.
    (40) On February 12, 1981, the State of Ohio submitted its Lead SIP 
Plan which contains a discussion of ambient monitoring results, an 
attainment demonstration and stationary and mobile source controls for 
lead.
    (41) On April 10, 1981, the Governor of Ohio submitted revised 
requirements for Republic Steel Corporation's Youngstown Sinter Plant.
    (42) On February 25, 1980, the State of Ohio submitted the revised 
Ohio Administrative Code (OAC) Rules 3745-35-01 through 3745-35-04 which 
set forth requirements for air permits to operate and variances. These 
rules were adopted on September 28, 1979 and became effective in Ohio on 
November 7, 1979. Rescinded in 2008; see paragraph (c)(156) of this 
section.
    (43) On February 12, 1981, the State of Ohio submitted adopted 
amended Ohio Administrative Code (OAC) Rules 3745-21-01, 04, 09 and 10, 
Emission Standards and Technology Requirements for Certain Sources of 
Volatile Organic Compounds Emissions. The following portions of these 
rules were withdrawn by the State of Ohio on March 27, 1981; OAC Rules 
3745-21-04(C)(19)(a) and 3745-21-09(R)(3)(a). On January 8, 1982, the 
State of Ohio submitted additional materials pertaining to OAC Rules 
3745-21-09 (H), (U) and (X).
    (44) On April 16, 1981, the Ohio EPA submitted a variance which 
would extend for Presto Adhesive Paper Company in Montgomery County, 
Ohio the deadline for complying with applicable Ohio VOC emission 
limitations from April 1, 1982 to April 1, 1983 for water-based adhesive 
paper coatings and to April 1, 1984 for water-based silicone paper 
coatings.
    (45) On Feburary 25, 1980, the State submitted revisions to rules 01 
through 06, 08 and 09 of Chapter 15 of the Ohio Administrative Code. 
These rules establish general provisions for the control of air 
pollution and were previously codified and approved as AP-2-01 through 
06, 08 and 09. Rules 01 through 04, 06, 08 and 09 are approved as 
revisions to the Ohio SIP and rule 05 is deleted from the Ohio SIP.
    (46) On August 26, 1982, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (weighted averaging bubble) for eight vinyl coating 
lines at Uniroyal Plastic Products in Ottawa County, Ohio, and an 
alternative compliance schedule which will allow Uniroyal Plastic 
Products additional time to convert to waterborne coatings and inks. The 
final compliance date is October 1, 1987.
    (47) On June 29, 1982, the State submitted an amendment to the 
definition of air contaminant as contained in section 3704.01(B) of the 
Ohio Revised Code.
    (48) On August 31, 1982, Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (weighted averaging bubble) for five rotogravure 
printing lines at Packaging Corporation of America (PCA) in Wayne 
County, Ohio and an alternative compliance schedule which will allow PCA 
additional time to convert to waterborne coatings and inks. The final 
compliance date is July 1, 1987.

[[Page 664]]

    (49) On September 10, 1982 the Ohio Environmental Protection Agency 
submitted a revision to its ozone SIP for the Mead Paper Corporation, 
Chilpaco Mill in Ross County, Ohio. This revision is in the form of 
three variances for the three flexographic printing lines at Mead Paper 
and contains revised emission limits and compliance schedules for each 
of the lines. Technical Support for this revision was also submitted on 
April 27, 1982.
    (50) On October 22, 1982, the Ohio Environmental Protection Agency 
submitted a revision to its Ozone SIP for the Standard Register Company. 
The revision request is in the form of a variance for an extended 
compliance time schedule for a surface coating line and spray boot for 
painting miscellaneous metal parts. Final compliance is changed from 
December 31, 1982 to December 31, 1983.
    (51) On October 1, 1982, and February 28, 1983 the State of Ohio 
submitted revisions to Ohio Administrative Code (OAC) Rules 3745-35-03 
which set forth requirements for obtaining variances. Rescinded in 2008; 
see paragraph (c)(156) of this section.
    (52)-(55) [Reserved]
    (56) On January 5, 1983 the Ohio Environmental Protection Agency 
submitted a revision to its ozone SIP for the U.S. Steel Supply 
Division, Sharon Plant in Trumbull County, Ohio. Technical support for 
this revision was also submitted on November 12, 1982.
    (57) On January 4, 1982, amended December 23, 1982, the Ohio 
Environmental Protection Agency (OEPA) submitted a revision to its ozone 
SIP for the Chrysler Plastic Products Corporation, Sandusky Vinyl 
Product Division, in Erie County, Ohio. This revision amends the 
emission limitations and extends the compliance dates for five vinyl 
coating lines at this facility. Technical support for this revision was 
also submitted on June 28, 1982.
    (58) On July 14, 1982, the State submitted revisions to its State 
Implementation Plan for TSP and SO2 for Toledo Edison Company's Bay 
Shore Station in Lucas County, Ohio, except that the equivalent visible 
emission limitations in this submittal are no longer in effect.
    (59) On March 9, 1983, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (bubble) for eight vinyl coating lines at B.F. Goodrich 
in Washington County, Ohio, and an alternative compliance schedule which 
will allow B.F. Goodrich additional time to achieve final compliance 
through conversion to waterborne coatings and inks by December 31, 1985. 
If the company is unable to achieve compliance by December 1, 1985, 
through reformulation, the company must install add-on controls no later 
than December 1, 1987.
    (60) The State of Ohio submitted a revised demonstration that showed 
attainment by December 31, 1982, of the Carbon Monixide (CO) National 
Ambient Air Quality Standards (NAAQS) for the Cincinnati area (Hamilton 
County) on May 24, 1982. Supplemental information was submitted on 
September 23, 1982, November 4, 1982, and March 16, 1983. The May 24, 
1982, submittal also requested that the five year extension for meeting 
the NAAQS requested on July 29, 1979, and granted on October 31, 1980, 
be rescinded for this area. EPA has rescinded this extension only for 
the Cincinnati demonstration area for CO.
    (61) On January 11, 1983, the Ohio EPA submitted justification and 
supportive documentation for the two categories of gasoline dispensing 
facilities and cutback asphalt. On March 2, 1983, Ohio EPA submitted 
demonstrations of reasonable further progress in the Canton and 
Youngstown areas. This information was submitted to satisfy the 
conditions on the approval of the 1979 ozone SIP.
    (62) [Reserved]
    (63) On January 3, 1984, the Ohio Environmental Protection Agency 
submitted a revision to the Ohio Administrative Code 3745-15-07, Air 
Pollution Nuisance Prohibited.
    (64) On September 2, 1982, the State of Ohio submitted a revision to 
the total suspended particulate State Implementation Plan for the B.F. 
Goodrich Chemical Plant in Avon Lake, Lorain County, Ohio. This revision 
is being disapproved. (See Sec. 52.1880(g))
    (65) [Reserved]

[[Page 665]]

    (66) On March 16, 1984, the Ohio Environmental Protection Agency 
submitted commitments for satisfying the conditions of approval to the 
ozone [52.1885 (b)(2)] and particulate matter [52.1880 (d)(1)] State 
Implementation Plans.
    (67) [Reserved]
    (68) On May 6, 1983, the Ohio Environmental Protection Agency (OEPA) 
submitted materials constituting a proposed revision to Ohio's ozone SIP 
for Harrison Radiator. Harrison Radiator has two metal coating 
facilities; one is the North facility located in downtown Dayton and the 
other is the South facility located in the City of Moraine.
    (i) Incorporation by reference.
    (A) The Ohio Environmental Protection Director's final Findings and 
Orders, May 6, 1983.
    (B) Letters of September 10, 1984, and September 4, 1984, to USEPA 
from OEPA.
    (C) The Ohio Environmental Protection Director's final Findings and 
Orders, September 4, 1984.
    (69) On September 13, 1983, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (bubble) for Volatile Organic Compound emissions from a 
gasoline and aviation fuel loading rack located at Standard Oil Company 
in Trumbull County, Ohio.
    (i) Incorporation by reference.
    (A) An August 26, 1983, Permit and Variance to Operate an Air 
Contaminant Source Terms and Conditions, Application No. 02 78 06 0355 
J001 and 02 78 06 0355 J002, for Niles Terminal Station N. 234, Niles 
Aviation Gasoline Bulk Terminal.
    (70) On April 8, 1982, June 22, 1982, November 8, 1982, May 24, 
1985, and November 12, 1986, the Ohio Environmental Protection Agency 
submitted a revision to the sulfur dioxide SIP for the Ohio Power 
Muskingum River Power Plant located in Morgan and Washington Counties. 
USEPA approves an emission limit of 8.6 lbs/MMBTU to protect the primary 
NAAQS with a compliance date of June 17, 1980. In addition, USEPA 
approves an emission limit of 7.6 lbs/MMBTU to protect the secondary 
NAAQS with a compliance date of July 1, 1989.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) rule 3745-18-03(C)(3)(gg)(vi) 
effective in Ohio December 28, 1979; rule 3745-18-64(B) and rule 3745-
18-90(B) effective in Ohio on October 1, 1982.
    (B) Director's Final Findings and Orders dated October 18, 1982, 
before the Ohio Environmental Protection Agency.
    (C) Director's Findings and Order dated November 18, 1986, before 
the Ohio Environmental Protection Agency.
    (ii) Additional information.
    (A) Technical Support Document for emission limitations including 
dispersion modeling for the Muskingum River Plant submitted by the State 
on April 8, 1982.
    (B) Muskingum River Plant Supplementary Technical Support Document 
submitted by the State on June 22, 1982.
    (C) Air Monitoring Data submitted by the State on June 22, 1982.
    (71) On July 1, 1980, the State of Ohio submitted a revision to its 
State Implementation Plan amending Sec. 3704.11 of the Ohio Revised 
Code. This revision expands the authority given to a political 
subdivision in relation to certain open burning activities. Additional 
information for the revision was also submitted on September 30, 1980 
and January 16, 1981.
    (72) On March 16, 1982, the State of Ohio submitted a revision to 
its State Implementation Plan for TSP for the Southerly Wastewater 
Treatment Plant in Columbus, Ohio.
    (73) On March 28, 1983, the State of Ohio Environmental Protection 
Agency (OEPA) submitted amendments to the Ohio Administrative Code (OAC) 
Chapter 3745-21 and supporting data to USEPA as a proposed revision to 
the ozone portion of its SIP. OAC Chapter 3745-21, entitled ``Carbon 
Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related 
Material Standards'', contains Ohio's VOC RACT I and II regulations. The 
amendments to these regulations are embodied in the OAC as follows: 
Definitions, Rule 3745-21-01; Attainment dates and compliance time 
schedules, Rule 3745-21-04; Control of emissions of organic compounds 
from stationary

[[Page 666]]

sources, Rule 3745-21-09; and Compliance test methods and procedures, 
Rule 3745-21-10. See (c)(15). USEPA is not taking action on the 
applicability of Rule 3745-21-09 to new sources of VOC, to the gasoline 
throughout exemption level for gasoline dispensing facilities, and to 
the compliance date extension for Honda of America Manufacturing, Inc. 
auto and motorcycle assembly plant in Marysville. USEPA is not taking 
action on OAC Rule 3745-21-09(AA))(2)(a) which exempts any dry cleaning 
facility in which less than 60,000 pounds of fabrics are cleaned per 
year. USEPA is not taking action on OAC Rule 3745-21-09(U)(2)(f) (i) and 
(ii) which apply to new sources (surface coating lines). USEPA is 
identifying deficiencies in the existing Rule 3745-21-09(D)(3) which 
contains an alternative daily emission limitation for can coating 
facilities. USEPA identified the following deficiencies within this 
rule: This rule presents equations for determining an alternative daily 
emission limitation. USEPA finds that the equations are incorrect in 
that they are based on volume of coating used (in gallons, excluding 
water), which in many cases can lead to erroneous results. Equivalency 
calculations for coatings should be performed on a basis of volume of 
coating solids used rather than volume of coating used. (45 FR 80824 
gives an example calculation for can coating done on a volume solids 
basis.)
    (i) Incorporation by reference.
    (A) Amendments to OAC Chapter 3745-21, dated June 21, 1982 and 
January 24, 1983.
    (1) Rule 3745-21-01; Definitions.
    (i) Section (D)(16), (36), and (50), paper and vinyl coating.
    (ii) Section (F)(1-8), asphalts in road construction and 
maintenance.
    (iii) Sections (E)(8), and (J)(5), corrections to Sections (E)(8) 
and (J)(5).
    (2) Rule 3745-21-04; Attainment dates and compliance time schedules.
    (i) Section (C)(3), can coating lines.
    (ii) Section (C)(15), cutback and emulsified asphalts.
    (iii) Section (C)(29), gasoline tank trucks.
    (iv) Section (C)(33), External floating roof tanks.
    (3) Rule 3745-21-09, Control of emission of organic compounds from 
stationary sources.
    (i) Section (B), Emission limitations.
    (ii) Sections, (C) (1) and (3), Surface coating of automobiles and 
light duty trucks.
    (iii) Sections (I) (1) and (2), Surface coating of metal furniture.
    (iv) Sections (K) (1) and (3) and (K)(4) (a), (b) and (c), Surface 
coating of large appliances.
    (v) Sections (N) (1), (2), and (3) (b) and (c), Use of cutback and 
emulsified asphalts.

    Note: USEPA is not approving (N)(3) (a) and (e).

    (vi) Section (O)(2), Solvent metal cleaning.
    (vii) Sections (P) (1), (4), and (5), Bulk gasoline plants.
    (viii) Section (Q)(3), Bulk gasoline terminals.
    (ix) Section (R)(3), Gasoline dispensing facilities.
    (x) Sections (U)(1) and the exemptions contained in (2)(h), Surface 
coating miscellaneous metal parts and products.
    (xi) Sections (X)(1) (a)(i), (b)(i), and the exemption contained in 
(2)(d), Rubber tire manufacturing.
    (xii) Sections (Z)(1)(b) through (h), (2), and (3), Storage of 
petroleum liquid in external floating roof tanks. NOTE: USEPA is not 
approving (Z)(1)(a).
    (xiii) Section (AA) (1) and (2) (b) and (c), Dry cleaning facility. 
NOTE: USEPA is not proposing to approve (AA)(2)(a).
    (xiv) Sections (K)(4) (a), (b), and (c), for the Whirlpool 
Corporation plants located in Marion, Sandusky, and Hancock Counties.
    (xv) Section (X)(2)(d), Cooper Tire and Rubber tire manufacturing 
facility located in Hancock County.
    (4) Rule 3745-21-10; Compliance test methods and procedures.
    (i) Sections (A) (3) and (4), General provisions.
    (ii) Section (B) (3), (4) and (5), Methods for determining VOC 
content of surface coating and inks.
    (iii) Section (E) (4) and (7), Method for determining VOC emissions 
from bulk gasoline terminals.
    (iv) Section (K), Methods for detecting leaks of gasoline vapors.

[[Page 667]]

    (74)-(75) [Reserved]
    (76) On April 9, 1986, the State of Ohio submitted a negative 
declaration for natural gas/gasoline processing plants and manufacturers 
of high-density polyethylene and polypropylene resins.
    (i) Incorporation by reference.
    (A) Letter dated April 9, 1986, from Warren W. Tyler, Director, 
State of Ohio Environmental Protection Agency.
    (77) On November 20, 1985, the Ohio Environmental Protection Agency 
submitted a revision to the State Implementation Plan for Total 
Suspended Particulates. This revision request is for operating permits 
for the following two shiploading facilities: The Andersons Grain 
Division, Toledo Plant and Mid-States Terminals, Incorporated.
    (i) Incorporation by reference.
    (A) Permit to Operate an Air Contaminant Source for the Andersons 
Grain Division, Toledo Plant. Date of Issuance: November 18, 1985.
    (B) Permit to Operate an Air Contaminant Source for Mid-States 
Terminals, Incorporated. Date of Issuance: November 18, 1985.
    (78) On April 30, 1986, (draft) and on May 5, 1987, (final) the Ohio 
Environmental Protection Agency (OEPA) submitted a revision request to 
Ohio's sulfur dioxide SIP. The revision was in the form of Permits to 
Operate for the Coulton Chemical Plant in Toledo, Ohio, and the E.I. 
duPont de Nemours and Company facility in Miami, Ohio. The permits 
require the installation and operation of continuous emission monitors 
for sulfur dioxide at these facilities, and the reporting of monitoring 
data.
    (i) Incorporation by reference.
    (A) Special Term and Condition No. 3 of Permit to Operation No. 
0448020014P001 for Coulton Chemical Corporation, effective January 3, 
1986, Permit to Operate No. 0448020014P002 for Coulton Chemical 
Corporation, effective March 25, 1986.
    (B) Special Term and Condition No. 3 of Permit to Operate No. 
1431350817P001 for E.I. duPont de Nemours and Company (Fort Hill Plant), 
effective March 2, 1984.
    (ii) Additional material.
    (A) September 5, 1985, letter from Charles M. Taylor, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency; 
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental 
Protection Agency.
    (79) On April 9, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted a request for a revision to the Ozone State 
Implementation Plan (SIP) for the Huffy Corporation in Celina Ohio 
(Mercer County). This revision was in the form of a rule which is 
applicable to the Huffy Corporation in Mercer County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-21-09(U)(2)(j), 
effective May 9, 1986.
    (80) On April 9, 1986, the Ohio Environmental Protection Agency 
submitted a revision to the State Implementation Plan for ozone. The 
revision consists of the reasonably available control technology (RACT) 
III volatile organic compound regulations.
    (i) Incorporation by reference. Ohio EPA OAC
    (A) Rule 3745-21-01, Definitions. Paragraphs (K), (L), (M), and (N), 
effective May 9, 1986. Ohio EPA OAC
    (B) Rule 3745-21-04, Attainment Dates and Compliance Time Schedules. 
Paragraphs (B)(1), and (C)(36) through (C)(39), effective May 9, 1986. 
Ohio EPA OAC
    (C) Rule 3745-21-09, Control of Emissions of Volatile Organic 
Compounds from Stationary Sources. Paragraphs (A)(1), (A)(2), (A)(4), 
(BB), (CC), (DD), (EE), and Appendix A, effective May 9, 1986. Ohio EPA 
OAC
    (D) Rule 3745-21-10, Compliance Test Method and Procedures. 
Paragraphs (C), (F), (L), (M), (N), (O), and (P), effective May 9, 1986.
    (81) On March 3, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted Good Engineering Stack Height Regulations as a revision 
to the Ohio State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745-16-01 and 02, entitled 
``Definitions'' and ``Good Engineering Practice Stack Height 
Regulations''. These rules were adopted by the State on February 12, 
1986 and were effective on March 5, 1986.

[[Page 668]]

    (B) September 2, 1987 letter from Richard L. Shank, Ph.D., Director, 
Ohio Environmental Protection Agency; to Valdas Adamkus, Regional 
Administrator, USEPA.
    (ii) Additional material.
    (A) March 3, 1986, letter from Warren W. Tyler, Director, Ohio 
Environmental Protection Agency; to Valdas Adamkus, Regional 
Administrator, U.S. EPA.
    (82) On November 7, 1985, the Ohio Environmental Protection Agency 
submitted a revision to the ozone portion of the Ohio State 
Implementation Plan (SIP) for the Reynolds Metal Company in Pickaway 
County, Ohio. This variance shall expire on May 6, 1992.
    (i) Incorporation by reference.
    (A) State of Ohio Environmental Protection Agency Variance to 
Operate an Air Contaminant Source (except for Conditions No. 2, No. 3, 
and No. 6); Date of Issuance: October 29, 1985, Issued to: Reynolds 
Metal Company; Constitutes a Variance to Operate: miscellaneous metal 
parts coating line--Ransburg Disc spray booths No. 1 and No. 2; and 
signed by Warren W. Tyler, Director, Ohio Environmental Protection 
Agency.
    (83) On October 4, 1982, and January 24, 1983, the Ohio 
Environmental Protection Agency (OEPA) submitted revisions to the Ohio 
Administrative Code (OAC) Chapter 3745-31-01 through 3745-31-08 to 
satisfy the New Source Review conditional approval of October 31, 1980 
(45 FR 72119). U.S. EPA is granting limited approval of the revision to 
Ohio's New Source Review State Implementation Plan (SIP) because the 
revised regulations strengthen the SIP.
    (i) Incorporation by reference.
    (A) OAC Rule 3745-31 through 3745-31-03--Permits to Install New 
Sources of Pollution (Adopted June 30, 1982, effective August 15, 1982), 
as found in the State of Ohio Environmental Protection Agency Laws and 
Regulations.
    (ii) Additional material.
    (A) A June 30, 1987, letter from OEPA certified that the State did 
not rely upon additional reductions through the offset policy to attain 
or maintain the National Ambient Air Quality Standards.
    (84) On June 1, 1987, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for the Goodyear 
Tire and Rubber Company in St. Marys (Auglaize County) Ohio. The 
revision was in the form of variances for adhesive application lines 
K001 to K019 and exempts them from the requirements contained in Ohio 
Administrative Code (OAC) Rule 3745-21-09(U). These variances expire on 
(3 years and 30 days from date of publication). The accommodative SIP 
for Auglaize County is removed for the period these variances are in 
effect.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and 
Conditions Numbers 1 through 5) within each of 19 ``State of Ohio 
Environmental Protection Agency Variances to Operate An Air Contaminant 
Source'', Application Numbers 0306010138K001-0306010138K019, for 
Goodyear Tire and Rubber Company. The Date of Issuance is May 22, 1987.
    (85) On February 17, 1988, and January 4, 1989, the Ohio 
Environmental Protection Agency submitted a revision to the total 
suspended particulate SIP for Youngstown Thermal Corporation located in 
Youngstown, Ohio. This revision establishes a 0.02 lb/MMBTU emission 
limit for the one gas and Number 2 oil-fired boiler (B001) and a 0.14 
lb/MMBTU limit for the three coal-fired boilers (B002, B003, and B004).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-17-01, effective in 
Ohio on October 1, 1983; Rule 3745-17-03, effective in Ohio on October 
15, 1983; and Rule 3745-17-10, effective in Ohio on October 1, 1983, as 
they apply to Youngstown Thermal Energy Corporation in Youngstown, Ohio 
only.
    (86) [Reserved]
    (87) On July 11, 1988, Ohio submitted its vehicle inspection and 
maintenance regulation for Cuyahoga, Lake, Lorain, Hamilton, and Butler 
Counties.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-26-01, 3745-26-02, 3745-26-
03, 3745-26-04, 3745-26-05, 3745-26-06, 3745-26-07, 3745-26-08, and 
3745-26-09, effective July 17, 1987.
    (88) [Reserved]
    (89) On February 28, 1989, the Ohio Environmental Protection Agency

[[Page 669]]

(OEPA) submitted a revision request to Ohio's ozone SIP for the Navistar 
International Transportation Corporation in Springfield, Ohio. It 
modified this request on March 30, 1990. The revision is in the form of 
variances for miscellaneous metal parts and products coating lines and 
exempts them from the requirements contained in Ohio Administrative Code 
(OAC) Rule 3745-21-09(U). These variances expire on January 4, 1994.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and 
Conditions Number 1 through 11) within both of the ``State of Ohio 
Environmental Protection Agency Variances to Operate An Air Contaminant 
Source'', Application Numbers 0812760220K009 and 0812760220K013 for 
Navistar International Transportation Corporation. The Date of Issuance 
is February 28, 1989.
    (90) On April 9, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted amendments to the Ohio Administrative Code (OAC) 
Chapter 3745-21. The amendments are embodied in the following OAC 
regulations: Definitions, Rule 3745-21-01; Attainment dates and 
compliance time schedules, Rule 3745-21-04; Control of emissions of 
volatile organic compounds from stationary sources, Rule 3745-21-09; and 
Compliance test methods and procedures, Rule 3745-21-10. USEPA is 
approving these amendments with the following exceptions: The proposed 
relaxation for food can end sealing compounds in 3745-21-09(D)(1)(e) and 
(D)(2)(e) (from 3.7 to 4.4 lbs VOC/gallon); the proposed revision to the 
exemption in 3745-21-09(N)(3)(e) for the application by hand of any 
cutback asphalt or emulsified asphalt for patching or crack sealing; the 
recordkeeping requirements in 3745-21-09(N)(4); the relaxation from 3.5 
to 6.2 lbs VOC/gallon for high performance architectural aluminum 
coatings in 3745-21-09(U)(1)(a)(viii); the exemption for new sources in 
3745-21-09(U)(2)(f); and the relaxation for miscellaneous metals 
coatings in 3745-21-09(U)(1)(a)(vii).
    (i) Incorporation by reference.
    (A) Amendments to Ohio Administrative Code Rule 3745-21-01, 
effective on May 9, 1986.
    (B) Amendments to Ohio Administrative Code Rule 3745-21-04, 
effective on May 9, 1986.
    (C) Amendments to Ohio Administrative Code Rule 3745-21-09, 
effective on May 9, 1986, except for:
    (1) 3745-21-09(D)(1)(e) and (D)(2)(e) (proposed relaxation for food 
can end sealing);
    (2) 3745-21-09(N)(3)(e) (proposed revision to the exemption for the 
application by hand of any cutback or emulsified asphalt for patching 
crack sealing);
    (3) 3745-21-09(N)(4) (recordkeeping requirements);
    (4) 3745-21-09(U)(1)(a)(viii) (relaxation from 3.5 to 6.2 lbs VOC. 
gal for high performance architectural aluminum coatings);
    (5) 3745-21-09(U)(2)(f) (the exemption for new sources); and
    (6) 3745-21-09(U)(1)(a)(vii) (relaxation for miscellaneous metal 
coatings).
    (D) Amendments to Ohio Administrative Code Rule 3745-21-10, 
effective May 9, 1996.
    (91) On September 30, 1983, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to the ozone SIP for Ludlow Flexible 
Packaging, Inc. (Ludlow), located in Mt. Vernon (Knox County), Ohio. 
This revision was in the form of variances and permits that established 
a bubble with monthly averaging between 22 paper coating and printing 
lines (sources K001-K022) and a compliance date extension to June 30, 
1987. On January 13, 1987, the OEPA submitted additional information 
concerning this revision stating that several of the printing lines have 
been or will be permanently shut down and the remaining lines will be 
controlled by thermal incineration in accordance with OAC Rule 3745-21-
09(Y). In addition, four of the paper coating lines (K017-K019, K022) 
have been removed from the plant. Therefore, only eight paper coating 
lines (K011-K016, K020 and K021) remain under the bubble. This revision 
exempts these lines from the control requirements contained in Ohio 
Administrative Code (OAC) Rules 3745-21-

[[Page 670]]

09(F) and 3745-21-09(Y). These variances and permits expire on April 22, 
1996.
    The accommodative SIP for Knox County will be canceled upon approval 
of this SIP revision.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and 
Conditions Numbers 1-7 within each of the 5 ``State of Ohio 
Environmental Protection Agency Variance to Operate an Air Contaminant 
Source,'' Application Numbers 0342010111K011-0342010111K015, as they 
apply to Ludlow Flexible Packaging, Inc., located in Mt. Vernon, Ohio. 
The Date of Issuance is September 23, 1983.
    (B) Condition Number 8 (which references Special Terms and 
Conditions Numbers 1-7) within each of the 3 ``State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source,'' Application Numbers 0342010111K016, 0342010111K020, and 
0342010111K021, as they apply to Ludlow Flexible Packaging, Inc., 
located in Mt. Vernon, Ohio. The Date of Issuance is September 23, 1983.
    (ii) Additional material.
    (A) January 13, 1987, letter from Patricia P. Walling, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency; 
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental 
Protection agency.
    (92) On October 16, 1991, and March 17, 1993, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan for sulfur dioxide for sources in Hamilton County, Ohio.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-03 Attainment dates 
and compliance time schedules, Sections (A)(2)(c); (B)(7)(a); (B)(7)(b); 
(C)(8)(a); (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); (D)(2); dated 
October 11, 1991, and effective on October 31, 1991.
    (B) Ohio Administrative Code (OAC) Rule 3745-18-04 Measurement 
methods and procedures, Sections (D)(7); (D)(8)(a) to (D)(8)(e); (E)(5); 
(E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 11, 
1991, and effective on October 31, 1991.
    (C) Ohio Administrative Code (OAC) Rule 3745-18-37, Hamilton county 
emission limits, dated February 22, 1993, and effective on March 10, 
1993.
    (D) Director's Final Findings and Order for Cincinnati Gas and 
Electric Company, Miami Fort Station, dated February 22, 1993.
    (93) In a letter dated October 16, 1992, the OEPA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Cuyahoga 
County. This revision contains a maintenance plan that the area will use 
to maintain the CO NAAQS. The maintenance plan contains an oxygenated 
fuels program as a contingency measure to be implemented if the area 
violates the CO NAAQS.
    (i) Incorporation by reference.
    (A) Letter dated October 16, 1992, from Donald R. Schregardus, 
Director, Ohio Environmental Protection Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosures entitled ``Table 1 Cuyahoga County Carbon Monoxide 
Emission Inventory'', Enclosure B ``Cuyahoga County carbon monoxide SIP 
submittal'', and section 6.0 of Enclosure C ``Cuyahoga County Carbon 
Monoxide Modeling Study Final Report.''
    (ii) Additional information.
    (A) Letter dated January 14, 1993, from Donald R. Schregardus, 
Director, Ohio Environmental Protection Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated February 10, 1993, from Robert F. Hodanbosi, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency 
to David Kee, Director, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5.
    (C) Letter dated July 29, 1993, from Robert F. Hodanbosi, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency 
to David Kee, Director, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5.
    (94) On June 24, 1985, the Ohio Environmental Protection Agency 
submitted revisions to its ozone control State Implementation Plan which 
would establish a volatile organic compounds (VOC) bubble and 
alternative

[[Page 671]]

VOC reasonably available control technology for vinyl and U-frame vinyl 
coating lines at Columbus Coated Fabrics in Franklin County, Ohio.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references special Terms and 
Conditions Numbers 1 through 7) within each of 15 State of Ohio 
Environmental Protection Agency Permits and Variances to Operate an Air 
Contaminant Source, Application Numbers 0125040031 K001 through 
0125040031 K015 for Columbus Coated Fabrics. The date of issuance is 
November 2, 1983. These permits and variances are approved for the 
period 12/12/85 to 1/6/92.
    (B) Condition Number 8 (which references special Terms and 
Conditions Numbers 1 through 4) within each of 11 State of Ohio 
Environmental Protection Agency Variances to Operate an Air Contaminant 
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for 
Columbus Coated Fabrics. The date of issuance is November 2, 1983. These 
variances are approved for the period 4/1/82 to 1/6/92.
    (C) State of Ohio Environmental Protection Agency Orders to Modify 
Variances to Operate modifying Special Condition Number 1 of Ohio 
Environmental Protection Agency Variances to Operate an Air Contaminant 
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for 
Columbus Coated Fabrics. The date of issuance is May 21, 1985. These 
orders are approved for the period 4/1/82 to 1/6/92.
    (95) On October 16, 1992, the State of Ohio submitted the tailpipe 
test inspection and maintenance program revisions to its carbon monoxide 
implementation plan for Cuyahoga County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code: amended rules, 3745-26-01 through 
3745-26-09, effective May 15, 1990, and new rules, 3745-26-10 and 3745-
26-11, effective May 15, 1990.
    (ii) Additional materials--Remainder of the State submittal.
    (A) Letter from the Director, Ohio Environmental Protection Agency, 
dated November 18, 1992, and additional materials.
    (96) On June 9, 1988, and August 24, 1990, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan for ozone. The revisions consist of new non-Control Technique 
Guideline volatile organic compound (VOC) rules and corrections to 
existing VOC rules.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01, 
Definitions, Paragraphs (A), (B), (C), (D)(1) through (5), (D)(7), 
(D)(9) through (62), (E) through (S); effective August 22, 1990.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (A), (B), (C); effective August 22, 1990.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (A), (B), (C) 
through (H), (J), (K), (M), (P), (S), (T), (V), (X), (Y), (BB), (CC), 
(FF) through (NN), (PP), effective August 22, 1990.
    (D) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (B), (D), (F), (G), (I) through (N), (P); 
effective August 22, 1990.
    (97) On November 14, 1991, December 4, 1991, and January 8, 1992, 
OEPA submitted revisions to its particulate matter plan, including 
Statewide rule revisions, rule revisions for specific facilities in 
Cuyahoga and Jefferson Counties, and supplemental materials to address 
the requirements of part D of title I of the Clean Air Act for the 
Cuyahoga and Jefferson County nonattainment areas. Rules 3745-17-
03(B)(10)(c) and 3745-17-12(P)(6)(a) (concerning quench water limits) 
are not approved.
    (i) Incorporation by reference.
    (A) Rule 3745-17-01--Definitions, effective December 6, 1991.
    (B) Rule 3745-17-02--Ambient air quality standards, effective June 
14, 1991.
    (C) Rule 3745-17-03--Measurement methods and procedures, effective 
December 6, 1991, except for paragraph (B)(10)(c) which is disapproved.
    (D) Rule 3745-17-04--Compliance time schedules, effective December 
6, 1991.
    (E) Rule 3745-17-07--Control of visible particulate emissions from 
stationary sources, effective June 14, 1991.
    (F) Rule 3745-17-08--Restriction of emission of fugitive dust, 
effective June 14, 1991.

[[Page 672]]

    (G) Rule 3745-17-09--Restrictions on particulate emissions and odors 
from incinerators, effective July 9, 1991.
    (H) Rule 3745-17-10--Restrictions on particulate emissions from fuel 
burning equipment, effective June 14, 1991.
    (I) Rule 3745-17-11--Restrictions on particulate emissions from 
industrial processes, effective June 14, 1991.
    (J) Rule 3745-17-12--Additional restrictions on particulate 
emissions from specific air contaminant sources in Cuyahoga County, 
effective December 6, 1991, except for paragraph (P)(6)(a) which is 
disapproved.
    (K) Rule 3745-17-13--Additional restrictions on particulate 
emissions from specific air contaminant sources in Jefferson County, 
effective December 6, 1991.
    (L) Rule 3745-17-14--Contingency plan requirements for Cuyahoga and 
Jefferson Counties, effective December 6, 1991.
    (M) Rule 3745-75-01--Applicability and definitions, effective July 
9, 1991.
    (N) Rule 3745-75-02--Emission limits, effective July 9, 1991.
    (O) Rule 3745-75-03--Design parameters and operating restrictions, 
effective July 9, 1991.
    (P) Rule 3745-75-04--Monitoring requirements, effective July 9, 
1991.
    (Q) Rule 3745-75-05--Recordkeeping, effective July 9, 1991.
    (R) Rule 3745-75-06--Certification and compliance time schedules, 
effective July 9, 1991.
    (ii) Additional information.
    (A) Appendices A through P to a letter from Donald Schregardus to 
Valdas Adamkus dated November 14, 1991, providing emissions inventories 
and modeling demonstrations of attainment for the Cleveland and 
Steubenville areas and providing other related information.
    (B) A letter from Donald Schregardus to Valdas Adamkus dated 
December 4, 1991, and attachments, supplementing the November 14, 1991, 
submittal.
    (C) A letter from Donald Schregardus to Valdas Adamkus dated January 
8, 1992, and attachments, supplementing the November 14, 1991, 
submittal.
    (98) On April 20, 1994, and March 7, 1995, Ohio submitted Rule 3745-
35-07, entitled ``Federally Enforceable Limitations on Potential to 
Emit,'' and requested authority to issue such limitations as conditions 
in State operating permits.
    (i) Incorporation by reference. Rule 3745-35-07, adopted November 3, 
1994, effective November 18, 1994. Rescinded in 2008; see paragraph 
(c)(156) of this section.
    (99) [Reserved]
    (100) On March 22, 1994, the Ohio Environmental Protection Agency 
submitted a revision request to Ohio's ozone SIP for approval of the 
State's emissions statement program. The emissions statement program 
requirements apply to sources in the following counties: Ashtabula, 
Butler, Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga, Greene, 
Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami, 
Montgomery, Portage, Stark, Summit, Trumbull, Warren, and Wood.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-24-01, 3745-24-02, 3745-24-
03, and 3745-24-04, effective April 1, 1994.
    (101) On November 12, 1993 the Ohio Environmental Protection Agency 
submitted a vehicle inspection and maintenance program in accordance 
with section 110 of the Clean Air Act as amended in 1990. The new 
program replaces I/M programs in operation in the Cleveland and 
Cincinnati areas and establishes new programs in Dayton and any area 
designated moderate nonattainment or any area where local planning 
authorities have requested the State to implement a program.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Amended Rules 3745-26-01, 3754-26-02, 
3745-26-10, and rules 3745-26-12, 3745-26-13, and 3745-26-14, all made 
effective on June 13, 1994.
    (ii) Other material.
    (A) Certification letter from the Director of the Ohio Environmental 
Protection Agency regarding the State process in developing the I/M 
rules and the I/M program.
    (B) Letter dated June 22, 1994, from the Director of OEPA regarding 
implementation of an I/M program in the Toledo area in the event the 
State's request for redesignation to attainment for that area is not 
approved by USEPA.

[[Page 673]]

    (102) On June 7, 1993, and February 17, 1995, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan (SIP) for ozone. The revisions include 19 new non-Control Technique 
Guideline volatile organic compound (VOC) rules, Findings and Orders for 
5 companies, and two permits to install.
    (i) Incorporation by reference.
    (A) OEPA OAC Rule 3745-21-01, Definitions, Paragraphs (Q); (T); 
effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (C)(40); (C)(41); (C)(46); (C)(48); (C)(49); 
(C)(50); (C)(51); (C)(53); (C)(54); (C)(59); (C)(60); (C)(61); (C)(62); 
effective January 17, 1995.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (FF), (GG), (HH), 
(II), (JJ), (KK), (LL), (MM), (NN), (OO), (PP), (QQ), (SS), (TT), (YY), 
(ZZ), (AAA); (BBB); effective January 17, 1995.
    (1) Previously approved on October 31, 1995 in paragraph 
(c)(102)(i)(C) of this section and now deleted without replacement: OEPA 
OAC Rule 3745-21-09, Control of Emissions of Volatile Organic Compounds 
from Stationary Sources, Paragraph (AAA), as adopted by Ohio on October 
25, 2002, effective on November 5, 2002.
    (D) Director's Final Findings and Orders for AK Steel Corporation 
(Middletown), International Paper Company (Cincinnati), Midwest Mica & 
Insulation Company (Cleveland), Reilly Industries, Inc. (Cleveland), and 
Sprayon Products, Inc. (Bedford Heights), Issued by Ohio Environmental 
Protection Agency on August 18, 1995.
    (E) Permit to Install, Application Number 13-2396, for Excello 
Specialty Company, APS Premise Number 1318607686. The date of issuance 
is December 11, 1991.
    (F) Permit to Install, Application Number 14-2096, for Hilton Davis 
Company, APS Premise Number 1431070039. The date of issuance is June 12, 
1991.
    (103) On June 7, 1993, and February 17, 1995, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan (SIP) for ozone. The revisions include one new non-Control 
Technique Guideline volatile organic compound (VOC) rule, corrections to 
existing VOC rules, and two permits-to-install.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01, 
Definitions, Paragraphs (B)(1), (B)(2), (B)(6), (D)(6), (D)(8), (D)(22), 
(D)(45), (D)(48), (D)(58), (M)(8); effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (B), (C)(3)(c), (C)(4)(b), (C)(5)(b), (C)(6)(b), 
(C)(8) (b) and (c), (C)(9)(b), (C)(10)(b), (C)(19) (b), (c), and (d), 
(C)(28)(b), (C)(38), (C)(39), (C)(42), (C)(43), (C)(44), (C)(45), 
(C)(47), (C)(55), (C)(65); effective January 17, 1995.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (A), (C) through 
(L), (N) through (T), (X), (Y), (Z), (BB), (CC), (DD), (UU), Appendix A; 
effective January 17, 1995.
    (D) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraph (B) except 
(B)(3)(d) and (e) for the Ohio Counties of Ashtabula, Butler, Clermont, 
Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and 
Warren; effective January 17, 1995.
    (E) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraph (U) except 
(U)(1)(h) statewide and (U)(2)(e)(ii) for the Ohio Counties of 
Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, 
Medina, Portage, Summit, and Warren; effective January 17, 1995.
    (F) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (A), (B), (C), (E), (O); effective January 17, 
1995.
    (G) Permit to Install, Application Number 04-204, for Abitibi-Price 
Corporation, APS Premise Number 0448011192. The date of issuance is July 
7, 1983.
    (H) Permit to Install, Application Number 08-3273, for General 
Motors Corporation Delco Chassis Division, APS Premise Number 
0857040935. The date of issuance is February 13, 1995.
    (ii) Additional material.

[[Page 674]]

    (A) On June 7, 1993, the OEPA submitted negative declarations for 
the source categories of polypropylene or high density polyethylene 
resin manufacturing, natural gas/gasoline processing plants, and surface 
coating of flat wood paneling. These negative declarations are approved 
into the Ohio ozone SIP.
    (B) On February 21, 1995, the OEPA submitted a list of facilities 
subject to the post-enactment source categories listed in Appendix E to 
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). This list is 
approved into the Ohio ozone SIP.
    (104) On June 7, 1993, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for approval of 
the State's Stage II vapor recovery program. The Stage II program 
requirements apply to sources in the following areas: Cincinnati-
Hamilton; Cleveland-Akron-Lorain; and Dayton-Springfield.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-04, Attainment 
Dates and Compliance Time Schedules, Paragraph (C)(64); effective date 
March 31, 1993.
    (B) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (Q), (R), (S), Appendices A, B, C; effective date 
March 31, 1993.
    (C) Ohio Administrative Code rules 3745-21-09(DDD)(1)-(4), effective 
date March 31, 1993.
    (105) On September 17, 1993, the Ohio Environmental Protection 
Agency requested the redesignation of Lucas and Wood Counties to 
attainment of the National Ambient Air Quality Standard for ozone. To 
meet the redesignation criteria set forth by section 107(d)(3)(E) (iii) 
and (iv), Ohio credited emissions reductions from the enclosure of the 
``oily ditch'' at the British Petroleum Refinery in Oregon, Ohio. The 
USEPA is approving the Director's Finding and Order which requires the 
enclosure of the ``oily ditch'' into the SIP for Lucas and Wood 
Counties.
    (i) Incorporation by reference.
    (A) Letter dated June 2, 1994, from Donald R. Schregardus, Director, 
Ohio Environmental Protection Agency, to Valdas Adamkus, Regional 
Administrator, USEPA, Region 5, and one enclosure which is the revised 
Director's Final Findings and Orders in the matter of BP Oil company, 
Toledo Refinery, 4001 Cedar Point Road, Oregon, Ohio, Fugitive Emissions 
from the Refinery Waste Water System ``Oily Ditch'', effective June 2, 
1994.
    (106) On October 7, 1994, Ohio submitted four rules in Chapter 3745-
71 of the Ohio Administrative Code, entitled ``Lead Emissions,'' and 
submitted a modeling demonstration that the limitations in these rules 
assure attainment of the lead standard in central Cleveland.
    (i) Incorporation by reference. Rules 3745-71-01, 3745-71-03, 3745-
71-05, and 3745-71-06, all adopted September 22, 1994, and effective 
October 4, 1994.
    (ii) Additional material. A submittal letter from the Director of 
the Ohio Environmental Protection Agency, with attachments documenting a 
modeling analysis of lead concentrations near the Master Metals 
secondary lead smelter.
    (107) Approval--On August 17, 1995, the Ohio Environmental 
Protection Agency submitted a revision to the State Implementation Plan 
for general conformity rules. The general conformity rules enable the 
State of Ohio to implement and enforce the Federal general conformity 
requirements in the nonattainment or maintenance areas at the State or 
local level in accordance with 40 CFR part 93, subpart B--Determining 
Conformity of General Federal Actions to State or Federal Implementation 
Plans.
    (i) Incorporation by reference. August 1, 1995, Ohio Administrative 
Code Chapter 3745-102, effective August 21, 1995.
    (108) [Reserved]
    (109) On July 17, 1995, Ohio submitted a Particulate Matter (PM) 
contingency measures State Implementation Plan (SIP) revision request. 
The submittal includes Final Findings and Orders for 5 companies. The 
Findings and Orders provide PM emission reductions which will take 
effect if an area fails to attain the National Ambient Air Quality 
Standards for PM.
    (i) Incorporation by reference. Director's Final Findings and Orders 
for Ford Motor Company (Cleveland Casting Plant), T&B Foundry Company,

[[Page 675]]

International Mill Service, Luria Brothers, and United Ready Mix, issued 
by the Ohio Environmental Protection Agency on July 10, 1995.
    (110) On November 3, 1995, December 21, 1995, and March 21, 1996, 
OEPA submitted revisions to its particulate matter plan, addressing 
prior deficiencies in its plans for Cuyahoga and Jefferson Counties.
    (i) Incorporation by reference.
    (A) Rule 3745-17-03--Rule 3745-17-03--Measurement methods and 
procedures, effective November 15, 1995.
    (B) Rule 3745-17-04--Compliance time schedules, effective November 
15, 1995.
    (C) Rule 3745-17-12--Additional restrictions on particulate 
emissions from specific air contaminant sources in Cuyahoga County, 
effective November 15, 1995.
    (D) Findings and Orders issued to the Wheeling-Pittsburgh Steel 
Corporation, signed by Donald Schregardus and effective on October 31, 
1995.
    (ii) Additional material--Dispersion modeling analyses for the 
Steubenville area and for Cuyahoga County near Ford's Cleveland Casting 
Plant.
    (111) On July 18, 1996, the Ohio Environmental Protection Agency 
submitted a site specific State Implementation Plan revision for Ohio 
Edison's Sammis and Toronto plants for Sulfur Dioxide. The revisions for 
the Sammis plant provide ``as an alternative'' to the existing boiler 
specific regulations a limit of ``2.91 lbs./MMBTU actual heat input from 
each boiler''. The regulation for the Toronto plant reduces allowable 
emissions to 2.0 lbs./MMBTU.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-47, effective July 
25, 1996.
    (112) On August 29, 1996, the United States Environmental Protection 
Agency received from the Ohio Environmental Protection Agency, changes 
to the approved vehicle inspection and maintenance (I/M) program which 
control the release of volatile organic compounds from vehicles. These 
changes provide a repair spending cap of $300 and a temporary hardship 
extension of time up to 6 months for owners to perform needed repairs on 
vehicles which fail the I/M program test.
    (i) Incorporation by reference.
    (A) Rule 3745-26-01--Definitions effective May 15, 1996.
    (B) Rule 3745-26-12--Requirements for motor vehicle owners in the 
enhanced or opt-in enhanced automobile inspection and maintenance 
program, effective May 15, 1996.
    (113) On August 30, 1996, Ohio submitted a request to extend the 
exemption from opacity limits for the boilers at Ford's Cleveland Engine 
Plant 1 to six hours after start-up.
    (i) Incorporation by reference.
    (A) Findings and Orders for boilers number 1 through number 5 at 
Ford's Cleveland Engine Plant 1, signed by Donald Schregardus on May 31, 
1996.
    (114) On November 12, 1996, the Ohio Environmental Protection Agency 
submitted a request to incorporate section(G)(9)(g) of Rule 3745-21-07 
of the Ohio Administrative Code into the Ohio State Implementation Plan 
(SIP). Section (G)(9)(g) provides an additional exemption from organic 
compound emission controls for qualifying new sources. Because, in the 
process of adopting section(G)(9)(g), minor editorial changes were made 
to other parts of Rule 3745-21-07, the United States Environmental 
Protection Agency is incorporating all of Rule 3745-21-07 into the Ohio 
SIP. This will avoid confusion by making the SIP approved rule identical 
to the current State rule.
    (i) Incorporation by reference.
    (A) Rule 3745-21-07 of the Ohio Administrative Code, adopted October 
7, 1996, effective October 31, 1996, as certified by Donald R. 
Schregardus, Director of the Ohio Environmental Protection Agency. 
Rescinded in 2008; see paragraph 154 of this section.
    (115) On January 3, 1997, the Ohio EPA submitted a revision to the 
Hamilton County sulfur dioxide implementation plan for the Procter and 
Gamble Company, Ohio Administrative Code 3745-18-37(GG)(2), which limits 
combined average operating rate of all boilers (B001, B008, B021, and 
B022) to a maximum of 922 million BTU per hour for any calendar day. 
Boilers B001 and B008 are each allowed to emit 1.1 pounds of sulfur 
dioxide per million BTU actual heat input. Boiler B021 is limited to 
1.50 pounds of sulfur dioxide

[[Page 676]]

per million BTU; and boiler B022 is limited to 2.0 pounds of sulfur 
dioxide per million BTU average heat input.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-37(GG)(2), Hamilton 
County emission limits, dated December 17, 1996, for Procter and Gamble 
Company.
    (B) Director's Findings and Orders in the matter of the adoption of 
amended Rule 3745-18-37 of the Ohio Administrative Code, dated December 
17, 1996.
    (ii) Additional materials.
    (A) Letter from Ohio EPA Director Donald R. Schregardus to Regional 
Administrator Valdas Adamkus, dated January 3, 1997.
    (B) Letter from Ohio EPA Air Pollution Control Division Chief, 
Robert Hodanbosi to EPA dated August 11, 1997.
    (116) On December 9, 1996, the Ohio Environmental Protection Agency 
submitted two revisions to its sulfur dioxide rules. The first revision 
provides adjusted, State adopted limits for a Sun Oil Company facility. 
The second revision, applicable Statewide, exempts sources from 
operating hour limits on days when only natural gas is burned. Further, 
by letter of December 15, 1997, the State requested that U.S. 
Environmental Protection Agency address the addition of emission limits 
for stationary gas turbines and stationary internal combustion engines 
in rule 3745-18-06 that have been adopted previously.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) rule 3745-18-54 (O) and OAC rule 
3745-18-06, adopted October 7, 1996, effective October 31, 1996.
    (117) On August 1, 1997 the Ohio Environmental Protection Agency 
submitted a requested revision to the Ohio State Implementation Plan. 
This revision constituted amendments to the emissions statement 
reporting regulations approved on October 13, 1994 and codified in 
paragraph (c)(100) of this section. The revision is intended to limit 
the applicability of these rules to stationary sources located within 
the State's marginal and above ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-24-02 Applicability. 
Effective July 31, 1997.
    (118) On August 20, 1998, Ohio submitted material including State 
adopted limits for Lake County, and requested approval of limits for the 
Ohio First Energy Eastlake Plant and the Ohio Rubber Company Plant.
    (i) Incorporation by reference.
    (A) Rule 3745-18-49 (G) and (H) of the Ohio Administrative Code, 
effective May 11, 1987.
    (119) On September 21, 1998, Ohio submitted revisions to its Permit 
to Operate rules as a revision to the State implementation plan.
    (i) Incorporation by reference
    (A) Ohio Administrative Code 3745-35-02, adopted April 4, 1994, 
effective April 20, 1994. Rescinded in 2008; see paragraph (c)(156) of 
this section.
    (120) On January 3, 1999, Ohio submitted, as a State implementation 
plan revision, de minimus exemption provisions for its permitting rules.
    (i) Incorporation by reference
    (A) Ohio Administrative Code 3745-15-05, adopted April 4, 1994, 
effective April 20, 1994.
    (121) On March 20, 2000, the Ohio Environmental Protection Agency 
submitted rules to control sulfur dioxide emissions in Coshocton, Gallia 
and Lorain Counties.
    (i) Incorporation by reference. Rules OAC 3745-18-22; OAC 3745-18-
33; and OAC 3745-18-53. Adopted March 1, 2000; effective March 21, 2000.
    (122) On October 6, 1999, the Ohio Environmental Protection Agency 
submitted revised Transportation Conformity rules for the State of Ohio. 
The submittal made revisions to the current State plan for the 
implementation of the federal transportation conformity requirements at 
the State and local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation 
Plans, Programs, and Projects Developed, Funded or Approved Under Title 
23 U.S.C. or the Federal Transit Act. Only certain sections of the 
submittal are approved.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code: amended rules, OAC 3745-101-02, OAC 
3745-101-03 (A), (B), (C), (D), (G), (H), (I),

[[Page 677]]

(J), (K), (L), except (E) and (F), OAC 3745-101-05, OAC 3745-101-06, OAC 
3745-101-07 (A), (B), (C) except for (C)(1)(a) and (C)(2)(a), (D), (E), 
(F), (G), (H), (I), (J), OAC 3745-101-08, OAC 3745-101-09, OAC 3745-101-
10, OAC 3745-101-11, OAC 3745-101-12 except for (A)(2), OAC 3745-101-13 
except (A)(1), OAC 3745-101-14, OAC 3745-101-15, OAC 3745-101-17, OAC 
3745-101-18, OAC 3745-101-19, effective on February 16, 1999.
    (B) No action is being taken on: OAC 3745-101-04.
    (123) On July 6, 2000, the State of Ohio submitted a site-specific 
State Implementation Plan (SIP) revision affecting Volatile Organic 
Compound control requirements at Morgan Adhesives Company in Stow, Ohio. 
The SIP revision establishes an alternative control strategy for 
limiting volatile organic compound emissions from coating lines at its 
pressure sensitive tape and manufacturing plant in Stow.
    (i) Incorporation by reference. July 5, 2000, Director's Final 
Findings and Orders of the Ohio Environmental Protection Agency in the 
matter of: Morgan Adhesives Company, effective on July 5, 2000.
    (124) On November 9, 2000, Ohio submitted Director's Final Findings 
and Orders revising sulfur dioxide emissions regulations for the 
Lubrizol Corporation facility in Lake County, Ohio. The revisions 
include the adjustment of six short-term emissions limits, the addition 
of an annual emissions limit, and the addition of a continuous emissions 
monitoring system (CEMS). These state implementation plan revisions do 
not increase allowable sulfur dioxide emissions.
    (i) Incorporation by reference. Emissions limits for the Lubrizol 
Corporation facility in Lake County contained in Director's Final 
Findings and Orders. The orders were effective on November 2, 2000 and 
entered in the Director's Journal on November 9, 2000.
    (125) On March 20, 2000, the Ohio Environmental Protection Agency 
submitted revised rules to control sulfur dioxide emissions in Butler 
and Pickaway Counties, and a revision to compliance time schedules as 
well as measurement methods and procedures for SO2 sources 
for the State of Ohio. Ohio has rescinded OAC 3745-18-04 (G), which had 
special emission calculation procedures for Hamilton County.
    (i) Incorporation by reference.
    (A) Rules OAC 3745-18-03(A)(2)(d); OAC 3745-18-03(B)(4); OAC 3745-
18-03(B)(8); OAC 3745-18-03(C)(6); OAC 3745-18-03(C)(10); 3745-18-
04(D)(8); 3745-18-04(D)(9); OAC 3745-18-04(E)(7); OAC 3745-18-04(F); OAC 
3745-18-15; OAC 3745-18-71. Adopted March 1, 2000, effective March 21, 
2000.
    (B) Rule OAC 3745-18-49(F), effective May 11, 1987.
    (126) On March 1, 1996, and several subsequent dates, Ohio submitted 
revisions to its Permit to Install rules as a revision to the State 
implementation plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-31-21, effective April 
27, 1998; OAC Rules 3745-31-22 through 3745-31-27, effective April 12, 
1996; OAC Rules 3745-47-01, 3745-47-2, and 3745-47-03, effective June 
30, 1981; OAC Rule 3745-47-05, effective June 30, 1981; OAC Rule 3745-
47-07, effective June 30, 1981; and OAC Rule 3745-47-08(D), effective 
August 10, 1999.
    (127) On July 18, 2002, Ohio submitted revisions to its Permit to 
Install rules as a revision to the State implementation plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rules 3745-31-01, 3745-31-02, 3745-31-
03, 3745-31-05, and 3745-31-07 effective November 30, 2001.
    (128) On July 11, 2002, the Ohio Environmental Protection Agency 
submitted revisions to Chapter 3745-14-(1 through 11) of the Ohio 
Administrative Code (OAC), an oxides of nitrogen (NOX) budget 
trading program in Ohio, with a request that the Ohio State 
Implementation Plan be revised to include these NOX rules.
    (i) Incorporation by reference.
    (A) Ohio NOX rules: 3745-14-01, 3745-14-02, 3745-14-03, 
3745-14-04, 3745-14-05, 3745-14-06, 3745-14-07, 3745-14-08, 3745-14-09, 
3745-14-10, 3745-14-11 in the OAC all with an effective date of July 18, 
2002.
    (ii) On June 25, 2003, the Ohio Environmental Protection Agency 
submitted a letter committing to change the flow control date, in rule 
3745-14-

[[Page 678]]

06(E)(6) from 2006 to 2005, within approximately 6 months of the 
effective date of the submittal date.
    (129) On September 27, 2003, the Ohio Environmental Protection 
Agency submitted revised rules for sulfur dioxide. The submittal 
includes revised provisions in Rules 3745-18-01, 3745-18-04, and 3745-
18-06, relating to natural gas use, as well as special provisions in 
Rule 3745-18-04 for compliance testing for Lubrizol in Lake County. The 
submittal includes recently revised Ohio limits in Cuyahoga, Lake, 
Mahoning, Monroe, and Washington Counties, as well as previously adopted 
source-specific limits in Adams, Allen, Clermont, Lawrence, Montgomery, 
Muskingum, Pike, Ross, and Wood Counties that had not previously been 
subject to EPA rulemaking.
    (i) Incorporation by reference.
    (A) Rules OAC 3745-18-01; OAC 3745-18-04(F); OAC 3745-18-04(J); OAC 
3745-18-06; OAC 3745-18-24; OAC 3745-18-49; OAC 3745-18-56; OAC 3745-18-
62; and OAC 3745-18-90. Adopted August 19, 2003, effective September 1, 
2003.
    (B) Rules OAC 3745-18-07(B); OAC 3745-18-08(H); OAC 3745-18-19(B); 
OAC 3745-18-66(C); OAC 3745-18-72(B);, effective May 11, 1987.
    (C) OAC 3745-18-50(C); OAC 3745-18-77(B); effective December 28, 
1979.
    (D) OAC 3745-18-63(K) and (L); and OAC 3745-18-93(B) and (C); 
effective December 1, 1984.
    (ii) Additional material--Letter from Robert Hodanbosi, Chief of the 
Division of Air Pollution Control of the Ohio EPA, to Thomas Skinner, 
Regional Administrator for Region 5 of USEPA, dated September 27, 2003.
    (130) On November 26, 2003, the Ohio Environmental Protection Agency 
submitted revisions to OAC rule 3745-14-06 (NOX Allowance 
Tracking System) that changes the flow control date to 2005.
    (i) Incorporation by reference.
    (A) Amended OAC rule 3745-14-06. Adopted by the Ohio Environmental 
Protection Agency on November 12, 2003. Effective November 24, 2003.
    (B) [Reserved]
    (131) [Reserved]
    (132) On June 28, 2004, the Ohio Environmental Protection Agency 
submitted revisions to OAC rule 3745-14-01. These revisions change the 
definition of ``boiler'' by excluding from the trading program carbon 
monoxide (CO) boilers associated with combusting CO from fluidized 
catalytic cracking units at petroleum refineries. The submittal also 
includes revisions to OAC rule 3745-14-03 (A housekeeping correction to 
reference OAC Chapter 3745-77 concerning Title V operating permit) and 
3745-14-05 (Revising the number of trading program budget allowances and 
source identification for the ozone seasons 2004 through 2007).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-14-01, 3745-14-03, and 3745-
14-05, effective May 25, 2004.
    (133) On May 20, 2005, the Ohio Environmental Protection Agency 
submitted volatile organic compound (VOC) regulations for five source 
categories in the Cincinnati ozone nonattainment area. These regulations 
complete the requirement that all VOC reasonably available control 
technology (RACT) regulations, for which there are eligible sources, 
have been approved by EPA into the SIP for the Cincinnati ozone 
nonattainment area.
    (i) Incorporation by Reference. The following sections of the Ohio 
Administrative Code (OAC) are incorporated by reference.
    (A) OAC rule 3745-21-01(U), (definitions for commercial bakery oven 
facilities), effective May 27, 2005.
    (B) OAC rule 3745-21-01(V), (definitions for reactors and 
distillation units employed in SOCMI chemical production), effective May 
27, 2005.
    (C) OAC rule 3745-21-01(W), (definitions for batch operations), 
effective May 27, 2005.
    (D) OAC rule 3745-21-01(X), (definitions for wood furniture 
manufacturing operations), effective May 27, 2005.
    (E) OAC rule 3745-21-01(Y), (definitions for industrial wastewater), 
effective May 27, 2005.
    (F) OAC rule 3745-21-12: ``Control of Volatile Organic Compound 
Emissions from Commercial Bakery Oven Facilities'', effective May 27, 
2005.
    (G) OAC rule 3745-21-13: ``Control of Volatile Organic Compound 
Emissions from Reactors and Distillation Units Employed in SOCMI 
Chemical Production'', effective May 27, 2005.

[[Page 679]]

    (H) OAC rule 3745-21-14: ``Control of Volatile Organic Compound 
Emissions from Process Vents in Batch Operations'', effective May 27, 
2005.
    (I) OAC rule 3745-21-15: ``Control of Volatile Organic Compound 
Emissions from Wood Furniture Manufacturing Operations'', effective May 
27, 2005.
    (J) OAC rule 3745-21-16: ``Control of Volatile Organic Compound 
Emissions from Industrial Wastewater'', effective May 27, 2005.
    (134) On July 18, 2000, the Ohio Environmental Protection Agency 
submitted revised rules for particulate matter. Ohio adopted these 
revisions to address State-level appeals by various industry groups of 
rules that the State adopted in 1995 that EPA approved in 1996. The 
revisions provide reformulated limitations on fugitive emissions from 
storage piles and plant roadways, selected revisions to emission limits 
in the Cleveland area, provisions for Ohio to follow specified criteria 
to issue replicable equivalent visible emission limits, the correction 
of limits for stationary combustion engines, and requirements for 
continuous emissions monitoring as mandated by 40 CFR part 51, Appendix 
P. The State's submittal also included modeling to demonstrate that the 
revised Cleveland area emission limits continue to provide for 
attainment of the PM10 standards. EPA is disapproving two 
paragraphs that would allow revision of limits applicable to Ford Motor 
Company's Cleveland Casting Plant through permit revisions without the 
full EPA review provided in the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following rules in Ohio Administrative Code Chapter 3745-17 
as effective January 31, 1998: Rule OAC 3745-17-01, entitled 
Definitions, Rule OAC 3745-17-03, entitled Measurement methods and 
procedures, Rule OAC 3745-17-04, entitled Compliance time schedules, 
Rule OAC 3745-17-07, entitled Control of visible particulate emissions 
from stationary sources, Rule OAC 3745-17-08, entitled Restriction of 
emission of fugitive dust, Rule OAC 3745-17-11, entitled Restrictions on 
particulate emissions from industrial processes, Rule OAC 3745-17-13, 
entitled Additional restrictions on particulate emissions from specific 
air contaminant sources in Jefferson county, and OAC 3745-17-14, 
entitled Contingency plan requirements for Cuyahoga and Jefferson 
counties.
    (B) Rule OAC 3745-17-12, entitled Additional restrictions on 
particulate emissions from specific air contaminant sources in Cuyahoga 
county, as effective on January 31, 1998, except for paragraphs (I)(50) 
and (I)(51).
    (C) Engineering Guide 13, as revised by Ohio EPA, Division 
of Air Pollution Control, on June 20, 1997.
    (D) Engineering Guide 15, as revised by Ohio EPA, Division 
of Air Pollution Control, on June 20, 1997.
    (ii) Additional material.
    (A) Letter from Robert Hodanbosi, Chief of Ohio EPA's Division of 
Air Pollution Control, to EPA, dated February 12, 2003.
    (B) Telefax from Tom Kalman, Ohio EPA, to EPA, dated January 7, 
2004, providing supplemental documentation of emissions estimates for 
Ford's Cleveland Casting Plant.
    (C) Memorandum from Tom Kalman, Ohio EPA to EPA, dated February 1, 
2005, providing further supplemental documentation of emission 
estimates.
    (D) E-mail from Bill Spires, Ohio EPA to EPA, dated April 21, 2005, 
providing further modeling analyses.
    (135) On May 9, 2006, the Ohio Environmental Protection Agency 
submitted several volatile organic compound rules for approval into the 
Ohio State Implementation Plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745-21-01 Definitions: 
Paragraphs (D) and (Z), adopted 1/31/2006, effective 2/10/2006.
    (B) Ohio Administrative Code Chapter 3745-21-04 Attainment dates and 
compliance time schedules: Paragraph (C)(16)(c), adopted 1/31/2006, 
effective 2/10/2006.
    (C) Ohio Administrative Code Chapter 3745-21-09 Control of emissions 
of volatile organic compounds from stationary sources and 
perchloroethylene from dry cleaning facilities: Paragraphs 
(O)(2)(e),(O)(6)(b),(T)(4),(Y), (HH), (RR), and (VV), adopted 3/2/2006, 
effective 3/12/2006.

[[Page 680]]

    (D) Ohio Administrative Code Chapter 3745-21-17: Portable Fuel 
Containers, adopted 1/31/2006, effective 2/10/2006.
    (E) Ohio Administrative Code Chapter 3745-21-18: Commercial Motor 
Vehicle and Mobile Equipment Refinishing Operations, adopted 1/31/2006, 
effective 2/10/2006.
    (136) On May 16, 2006, Ohio submitted numerous regulations for 
sulfur dioxide. These regulations were submitted to replace the 
remaining federally promulgated regulations, to make selected revisions 
to applicable limits, and to update company names and make other similar 
administrative changes. On December 10, 2007, Ohio submitted a corrected 
rule for Stark County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rules 3745-18-01 ``Definitions and 
incorporation by reference.'', 3745-18-02 ``Ambient air quality 
standards; sulfur dioxide.'', 3745-18-03 ``Attainment dates and 
compliance time schedules.'', 3745-18-06 ``General emission limit 
provisions.'', 3745-18-10 ``Ashtabula County emission limits.'', 3745-
18-11 ``Athens County emission limits.'', 3745-18-12 ``Auglaize County 
emission limits.'', 3745-18-17 ``Champaign County emission limits.'', 
3745-18-18 ``Clark County emission limits.'', 3745-18-28 ``Erie County 
emission limits.'', 3745-18-29 ``Fairfield County emission limits.'', 
3745-18-31 ``Franklin County emission limits.'', 3745-18-34 ``Geauga 
County emission limits.'', 3745-18-35 ``Greene County emission 
limits.'', 3745-18-37 ``Hamilton County emission limits.'', 3745-18-38 
``Hancock County emission limits.'', 3745-18-49 ``Lake County emission 
limits.'', 3745-18-50 ``Lawrence County emission limits.'', 3745-18-53 
``Lorain County emission limits.'', 3745-18-57 ``Marion County emission 
limits.'', 3745-18-61 ``Miami County emission limits.'', 3745-18-63 
``Montgomery County emission limits.'', 3745-18-66 ``Muskingum County 
emission limits.'', 3745-18-68 ``Ottawa County emission limits.'', 3745-
18-69 ``Paulding County emission limits.'', 3745-18-72 ``Pike County 
emission limits.'', 3745-18-76 ``Richland County emission limits.'', 
3745-18-77 ``Ross County emission limits.'', 3745-18-78 ``Sandusky 
County emission limits.'', 3745-18-79 ``Scioto County emission 
limits.'', 3745-18-80 ``Seneca County emission limits.'', 3745-18-81 
``Shelby County emission limits.'', 3745-18-83 ``Summit County emission 
limits.'', 3745-18-84 ``Trumbull County emission limits.'', 3745-18-85 
``Tuscarawas County emission limits.'', 3745-18-87 ``Van Wert County 
emission limits.'', 3745-18-90 ``Washington County emission limits.'', 
3745-18-91 ``Wayne County emission limits.'', and 3745-18-93 ``Wood 
County emission limits.'', adopted on January 13, 2006, effective 
January 23, 2006.
    (B) January 13, 2006, ``Director's Final Findings and Orders'', 
signed by Joseph P. Koncelik, Director, Ohio Environmental Protection 
Agency, adopting the rules identified in paragraph (A) above.
    (C) Ohio Administrative Code Rules 3745-18-08 ``Allen County 
emission limits.'', 3745-18-15 ``Butler County emission limits.'', 3745-
18-24 ``Cuyahoga County emission limits.'', and 3745-18-54 ``Lucas 
County emission limits.'', adopted on March 16, 2006, effective March 
27, 2006.
    (D) March 16, 2006, ``Director's Final Findings and Orders'', signed 
by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency, 
adopting rules 3745-18-08, 3745-18-15, 3745-18-24, and 3745-18-54.
    (E) Ohio Administrative Code Rule 3745-18-82 ``Stark County emission 
limits.'', adopted on November 28, 2007, effective December 8, 2007.
    (F) November 28, 2007, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency, adopting rule 3745-18-82.
    (137) On January 31, 2007, Ohio requested to rescind certain 
transportation conformity rules from the Ohio State Implementation Plan, 
which were previously approved in paragraph (c)(122) of this section. 
The rules that are being rescinded at Ohio's request are 3745-101-05, 
3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-101-10, 3745-
101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-16, 3745-101-18, 
3745-101-19, and 3745-101-20.
    (138) On February 14, 2006, and October 6, 2006, the State of Ohio 
submitted a revision to the Ohio State Implementation Plan. This 
revision is for the

[[Page 681]]

purpose of establishing a gasoline Reid Vapor Pressure (RVP) limit of 
7.8 pounds per square inch (psi) for gasoline sold in the Cincinnati and 
Dayton areas which include Hamilton, Butler, Warren, Clermont, Clark, 
Greene, Miami, and Montgomery Counties.
    (139) On May 1, 2006, and supplemented on May 22, 2007, Ohio 
submitted final adopted state implementation plan revisions which 
concurrently rescinds and revises portions of the Ohio Administrative 
Code Chapter 3745-24 to be consistent with the Clean Air Act emission 
statement program reporting requirements for stationary sources. This 
revision includes amendments to the emission reporting regulation 
approved on October 13, 1994, and March 23, 1998, codified in paragraphs 
(c)(100) and (c)(117) of this section. The revision makes the rule more 
general to apply to all counties designated nonattainment for ozone, and 
not to a specific list of counties.
    (i) Incorporation by reference. The following sections of the Ohio 
Administrative Code (OAC) are incorporated by reference.
    (A) OAC Rule Chapter 3745-24-01: ``Definitions'', effective on 
December 16, 2005.
    (B) OAC Rule Chapter 3745-24-02: ``Applicability'', effective on 
December 16, 2005.
    (C) OAC Rule Chapter 3745-24-03: ``Deadlines for the submission of 
the emission statements'', effective on December 16, 2005.
    (140) On July 15, 2009, and August 13, 2009, Ohio submitted rules 
addressing the requirements of the Clean Air Interstate Rule.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-109-01 ``CAIR NOX 
annual, CAIR SO2 and CAIR NOX ozone season trading 
programs definitions and general provisions.'', Rule 3745-109-04 ``CAIR 
NOX allowance allocations.'', Rule 3745-109-07 ``Monitoring 
and Reporting.'', Rule 3745-109-08 ``CAIR NOX opt-in 
units.'', Rule 3745-109-11 ``CAIR SO2 allowance tracking 
system.'', Rule 3745-109-12 ``CAIR SO2 allowance 
transfers.'', Rule 3745-109-13 ``Monitoring and reporting.'', Rule 3745-
109-14 ``CAIR SO2 opt-in units.'', Rule 3745-109-17 ``CAIR 
NOX ozone season allowance allocations.'', Rule 3745-109-18 
``CAIR NOX ozone season allowance tracking system.'', Rule 
3745-109-19 ``CAIR NOX ozone season allowance transfers.'', 
Rule 3745-109-20 ``Monitoring and reporting.'', and Rule 3745-109-21 
``CAIR NOX ozone season opt-in units.'', adopted on July 6, 
2009, effective on July 16, 2009.
    (B) July 6, 2009, ``Director's Final Findings and Orders'', signed 
by Chris Korleski, Director, Ohio Environmental Protection Agency.
    (C) Ohio Administrative Code Rule 3745-109-02 ``CAIR designated 
representative for CAIR NOX sources.'', Rule 3745-109-03 
``Permits.'', Rule 3745-109-05 ``CAIR NOX allowance tracking 
system.'', Rule 3745-109-06 ``CAIR NOX allowance 
transfers.'', Rule 3745-109-09 ``CAIR designated representative for CAIR 
SO2 sources.'', Rule 3745-109-10 ``Permits.'', Rule 3745-109-
15 ``CAIR designated representative for CAIR NOX ozone season 
sources.'', and Rule 3745-109-16 ``Permits.'', adopted on September 17, 
2007, effective on September 27, 2007.
    (D) September 17, 2007, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.
    (141) Ohio Environmental Protection Agency, on June 16, 2005, 
submitted amendments to the State Implementation Plan to control 
nitrogen oxide emissions from internal combustion engines in new rule 
Ohio Administrative Code (OAC) 3745-14-12. This rule adds stationary 
internal combustion engines to the list of sources in the Ohio 
NOX SIP Call emission reduction program. Also, OAC 3745-14-
01, General Provisions, is amended. This rule contains definitions used 
for the nitrogen oxides rules, expands the definition of NOX 
budget unit, adds definitions for the internal combustion engine rule, 
amends definition associated with continuous emissions monitoring, and 
makes corrections to typographical errors. OAC 3745-14-05 Portions of 
this rule are amended to correctly line up with the changes made in the 
definitions section of the NOX plan. Typographical errors are 
also corrected.

[[Page 682]]

    (i) Incorporation by reference. The following sections of the Ohio 
Administrative Code (OAC) are incorporated by reference.
    (A) OAC 3745-14-01, General Provisions, effective on May 07, 2005.
    (B) OAC 3745-14-05, NOX Allowance Allocations, effective 
on May 07, 2005.
    (C) OAC 3745-14-12, Stationary Internal Combustion Engines, 
effective on May 7, 2005.
    (142) [Reserved]
    (143) On September 7, 2006, Ohio submitted revisions to Ohio 
Administrative Code Chapter 3745-19, Rules 3745-19-01 through 3745-19-05 
including the 3754-19-03 Appendix. The revisions update Ohio's open 
burning regulations. Ohio added requirements for specific types of 
burning: emergency burning, recreational fires, hazardous material 
disposal, and firefighting training. The State also added or refined 
some of the definitions.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745: Ohio Environmental 
Protection Agency, Chapter 19: Open Burning Standards, Rule 3745-19-01: 
Definitions, Rule 3745-19-02: Relations to Other Prohibitions, Rule 
3745-19-03: Open Burning in Restricted Areas with Appendix ``Open 
Burning of Storm Debris Conditions'', Rule 3745-19-04: Open Burning in 
Unrestricted Areas, and Rule 3745-19-05: Permission to Individuals and 
Notification to the Ohio EPA. The rules were effective on July 7, 2006.
    (B) June 27, 2006, ``Director's Final Findings and Orders'', signed 
by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency, 
adopting rules 3745-19-01, 3745-19-02, 3745-19-03, 3745-19-04, and 3745-
19-05.
    (144) The Ohio Environmental Protection Agency formally submitted 
revisions to Ohio's Administrative Code on August 7, 2007. These 
revisions consists of Rule 3745-21-17 which impacts sale, use, and 
manufacture of Portable Fuel Containers in the State of Ohio.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-17 ``Portable fuel 
containers'', adopted on June 11, 2007, effective on June 21, 2007.
    (B) June 11, 2007, ``Director's Final Findings and Orders'', signed 
by Chris Korleski, Director, Ohio Environmental Protection Agency.
    (145) On September 14, 2004, Ohio submitted modifications to its 
Prevention of Significant Deterioration and nonattainment New Source 
Review rules as a revision to the State implementation plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-31-01, Definitions: (C), (D), 
(E), (J), (M), (N), (O), (P), (Q), (S), (T), (U), (V), (W), (X), (DD), 
(EE), (FF), (GG), (JJ), (MM), (NN), (QQ), (DDD), (EEE), (FFF), (JJJ), 
(KKK), (NNN), (UUU), (VVV), (WWW), (XXX), (YYY), (ZZZ), (CCCC), (DDDD), 
(EEEE), (FFFF), (GGGG), (HHHH), (IIII), (JJJJ), (KKKK), (LLLL), (MMMM), 
(OOOO), (PPPP), (QQQQ), (SSSS), (VVVV), (WWWW), (XXXX), (ZZZZ), (DDDDD), 
(EEEEE), (HHHHH), (KKKKK), (LLLLL), (PPPPP), (QQQQQ), (UUUUU), and 
(XXXXX), adopted on October 18, 2004, effective October 28, 2004.
    (B) Ohio Administrative Code Rules 3745-31-01, Definitions: (III) 
and (SSS), 3745-31-10 ``Air Stationary Source Obligations.'', and 3745-
31-22 ``Nonattainment Provisions--Conditions for Approval'', adopted on 
October 18, 2004, effective October 28, 2004 and revised by the November 
15, 2005 letter from Joseph P. Koncelik to Thomas Skinner. This letter, 
included as Additional material in paragraph (145)(ii)(B) below, removes 
references to the Pollution Control Project (PCP) and Clean Unit 
provisions vacated by a June 24, 2005 DC Circuit Court of Appeals 
decision.
    (C) Ohio Administrative Code Rules 3745-31-09 ``Air permit to 
install completeness determinations, public participation and public 
notice.'', 3745-31-13 ``Attainment provisions--review of major 
stationary sources and major modifications, stationary source 
applicability and exemptions.'', 3745-31-15 ``Attainment provisions--
Control Technology Review.'', 3745-31-21 ``Nonattainment provisions--
review of major stationary sources and major modifications--stationary 
source applicability and exemptions.'', 3745-31-24 ``Non-attainment 
Provisions--Baseline for Determining Credit for Emission and Air Quality 
Offsets.'', 3745-31-26 ``Nonattainment Provisions--Offset Ratio 
Requirements.'', and 3745-31-32

[[Page 683]]

``Plantwide applicability limit (PAL).'', adopted on October 18, 2004, 
effective October 28, 2004.
    (D) October 18, 2004, ``Director's Final Findings and Orders'', 
signed by Christopher Jones, Director, Ohio Environmental Protection 
Agency, adopting rules 3745-31-01, 3745-31-09, 3745-31-10, 3745-31-13, 
3745-31-15, 3745-31-21, 3745-31-22, 3745-31-24, 3745-31-26, 3745-31-30, 
3745-31-31, and 3745-31-32.
    (ii) Additional material.
    (A) Ohio Administrative Code Rule 3745-31-01, Definitions: (ZZZZZ) 
adopted on October 18, 2004, effective October 28, 2004.
    (B) Letter dated November 15, 2005, from Ohio EPA Director Joseph P. 
Koncelik to Regional Administrator Thomas Skinner, titled Request for 
Approval of Ohio Administrative Code (``OAC'') Chapter 3745-31 NSR 
Reform Rule Changes into the State Implementation Plan (``SIP'').
    (146) On September 4, 2008, and March 23, 2009, the Ohio 
Environmental Protection Agency submitted several volatile organic 
compound rules for approval into the Ohio State Implementation Plan. 
Only those paragraphs in 3745-21-09 that were revised in the September 
4, 2008, and/or March 23, 2009, submittals have been incorporated into 
the SIP.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-01 ``Definitions.'', 
adopted March 23, 2009, effective April 2, 2009.
    (B) Ohio Administrative Code Rule 3745-21-02 ``Ambient air quality 
standards and guidelines.'', adopted August 15, 2008, effective August 
25, 2008.
    (C) Ohio Administrative Code Rule 3745-21-03 ``Methods of ambient 
air quality measurement.'', adopted August 15, 2008, effective August 
25, 2008.
    (D) Ohio Administrative Code Rule 3745-21-04 ``Attainment dates and 
compliance time schedules.'', adopted March 23, 2009, effective April 2, 
2009.
    (E) Ohio Administrative Code Rule 3745-21-06 ``Classification of 
Regions.'', adopted August 15, 2008, effective August 25, 2008.
    (F) Ohio Administrative Code Rule 3745-21-08 ``Control of carbon 
monoxide emissions from stationary sources.'', adopted August 15, 2008, 
effective August 25, 2008.
    (G) Ohio Administrative Code Rule 3745-21-09 ``Control of emissions 
of volatile organic compounds from stationary sources and 
perchloroethylene from dry cleaning facilities'': (A), (B), (C), (D), 
(E), (F), (G), (H), (I), (J), (K), (O), (P), (R), (S), (T), (U)(1)(a), 
(U)(1)(b), (U(1)(c), (U)(1)(d), (U)(1)(e), (U)(1)(f), (U)(1)(g), 
(U)(1)(i), (U)(2)(f), (U)(2)(j), (U)(2)(k), (U)(2)(l), (W), (X), (Y), 
(Z), (DD), (HH), (NN), (RR), (SS), (TT), (VV), (YY), (DDD), adopted 
March 23, 2009, effective April 2, 2009.
    (H) Ohio Administrative Code Rule 3745-21-10 ``Compliance test 
methods and procedures.'', adopted August 15, 2008, effective August 25, 
2008.
    (I) Ohio Administrative Code Rule 3745-21-12 ``Control of volatile 
organic compound emissions from commercial bakery oven facilities.'', 
adopted August 15, 2008, effective August 25, 2008.
    (J) Ohio Administrative Code Rule 3745-21-13 ``Control of volatile 
organic compounds from reactors and distillation units employed in SOCMI 
chemical production.'', adopted August 15, 2008, effective August 25, 
2008.
    (K) Ohio Administrative Code Rule 3745-21-14 ``Control of Volatile 
organic compound emissions from process vents in batch operations.'', 
adopted March 23, 2009, effective April 2, 2009.
    (L) Ohio Administrative Code Rule 3745-21-15 ``Control of volatile 
organic compound emissions from wood furniture manufacturing 
operations.'', adopted August 15, 2008, effective August 25, 2008.
    (M) Ohio Administrative Code Rule 3745-21-16 ``Control of volatile 
organic compound emissions from industrial wastewater.'', adopted March 
23, 2009, effective April 2, 2009.
    (N) Ohio Administrative Code Rule 3745-21-18 ``Commercial Motor 
Vehicle and Mobile Equipment Refinishing Operations.'', adopted March 
23, 2009, effective April 2, 2009.
    (O) Ohio Administrative Code Rule 3745-21-19 ``Control of volatile 
organic compound emissions from aerospace manufacturing and rework 
facilities.'', adopted August 15, 2008, effective August 25, 2008.
    (P) Ohio Administrative Code Rule 3745-21-20 ``Control of volatile 
organic compound emissions from shipbuilding and ship repair 
operations.'', adopted

[[Page 684]]

August 15, 2008, effective August 25, 2008.
    (Q) Ohio Administrative Code Rule 3745-21-21 ``Storage of volatile 
organic liquids in fixed roof tanks and external floating roof tanks.'', 
adopted March 23, 2009, effective April 2, 2009.
    (R) Ohio Administrative Code Rule 3745-21-22 ``Lithographic and 
letterpress printing.'', adopted March 23, 2009, effective April 2, 
2009.
    (S) Ohio Administrative Code Rule 3745-21-23 ``Industrial cleaning 
solvents.'', adopted March 23, 2009, effective April 2, 2009.
    (T) Ohio Administrative Code Rule 3745-21-24 ``Flat wood paneling 
coatings.'', adopted March 23, 2009, effective April 2, 2009.
    (U) August 15, 2008, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.
    (V) March 23, 2009, ``Director's Final Findings and Orders'', signed 
by Chris Korleski, Director, Ohio Environmental Protection Agency.
    (147) On October 5, 2007, Ohio submitted revisions to Ohio 
Administrative Code Chapter 3745-112, Rules 3745-112-01 through 3745-
112-08. The revisions regulate the volatile organic compounds content of 
consumer products.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-112-01 ``Definitions.'', Rule 
3745-112-02 ``Applicability.'', Rule 3745-112-03 ``Standards.'', Rule 
3745-112-04 ``Exemptions.'', Rule 3745-112-05 ``Administrative 
requirements.'', Rule 3745-112-06 ``Reporting requirements.'', Rule 
3745-112-07 ``Variances.'', and Rule 3745-112-08 ``Test methods.'', 
adopted September 5, 2007, effective on September 15, 2007.
    (B) September 5, 2007, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.
    (148) On March 17, 2009, Ohio submitted revisions to Ohio 
Administrative Code Chapter 3745-15, Rules 3745-15-01 and 3745-15-05. 
The revisions pertain to general provisions of OAC Chapter 3745.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-15-01 ``Definitions.'' and 
Rule 3745-15-05 `` `De minimis' air contaminant source exemption.'' The 
rules were adopted on January 12, 2009, and became effective on January 
22, 2009.
    (B) January 12, 2009, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.
    (149) On October 9, 2000, February 6, 2001, August 3, 2001, and June 
24, 2003, Ohio submitted revisions to Ohio Administrative Code (OAC) 
Chapter 3745-21 to address a variety of changes to its Carbon Monoxide 
and Volatile Organic Compounds regulations. The pertinent provisions are 
in OAC 3745-21-09; for other rules in these submittals, later versions 
have been addressed in separate rulemaking (see paragraph 146 of this 
section).
    (i) Incorporation by reference.
    (A) The following paragraphs of OAC 3745-21-09, entitled ``Control 
of emissions of volatile organic compounds from stationary sources and 
perchloroethylene from dry cleaning facilities,'' as adopted by Ohio on 
October 25, 2002, effective on November 5, 2002:
    (1) Paragraphs (A)(4), (B)(3)(a), (B)(3)(d), (B)(3)(e), (B)(3)(f), 
(B)(3)(h), (B)(3)(j), (B)(3)(l), (B)(4)(a), (B)(4)(b), (C)(4), (H)(1), 
(H)(3), (O)(5)(b), (O)(6), (R)(4), (U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b), 
(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4), (KK)(1), (NN), (OO), 
(PP)(2), (UU)(3), (DDD), and Appendix A.
    (2) Within paragraph (U), the undesignated paragraph following 
(U)(2)(e).
    (B) October 25, 2002, ``Director's Final Findings and Orders'', 
signed by Christopher Jones, Director, Ohio Environmental Protection 
Agency.
    (ii) Additional Information. The following permits to install 
authorizing exemptions under OAC Rule 3745-21-09(U)(2)(f) were issued by 
Ohio during the time period when the State had unilateral authority to 
issue them.
    (A) Permit To Install issued by the State Of Ohio to Chase 
Industries, Inc, Cincinnati, OH, on June 24, 1998, for emissions unit 
K002, pursuant to application number 14-4578.
    (B) Permit To Install issued by the State Of Ohio to CAE Ransohoff, 
Inc., Union, OH, on March 5, 1997, for emissions units K001 and K002, 
pursuant to application number 14-4268.

[[Page 685]]

    (C) Permit To Install issued by the State Of Ohio to Phoenix 
Presentations, Inc., Butler County, OH, on January 21, 1999, for 
emissions units R001, R002, and R003, pursuant to application number 14-
4612.
    (D) Permit To Install issued by the State Of Ohio to CTL Aerospace, 
Inc., Cincinnati, OH, on August 19, 1998, for emissions unit R005, 
pursuant to application number 14-4572.
    (E) Permit To Install issued by the State Of Ohio to Hamilton 
Fixture, Hamilton, OH, on April 24, 1996, for emissions unit R006, 
pursuant to application number 14-4014.
    (F) Permit To Install issued by the State Of Ohio to Lt. Moses 
Willard, Inc., Milford, OH, on December 23, 1997, for emissions units 
K001 and K002, pursuant to application number 14-4220.
    (G) Permit To Install issued by the State Of Ohio to WHM Equipment 
Co., Cincinnati, OH, on May 28, 1997, for emissions unit K001, pursuant 
to application number 14-4348.
    (H) Permit To Install issued by the State Of Ohio to Panel-Fab, 
Inc., Cincinnati, OH, on June 12, 1996, for emissions unit K001, 
pursuant to application number 14-4027.
    (I) Permit To Install issued by the State Of Ohio to Cincinnati Fan 
& Ventilator, Mason, OH, on June 15, 1995, for emissions unit K003, 
pursuant to application number 14-3774.
    (J) Permit To Install issued by the State Of Ohio to Honda of 
America Manufacturing, Inc., Marysville, OH, on December 24, 1997, for 
emissions units R003, and R103, pursuant to application number 01-6743.
    (K) Permit To Install issued by the State Of Ohio to Durr Ecoclean, 
Inc. (formerly Henry Filters, Inc.), Bowling Green, OH, on June 26, 
1996, for emissions unit K001 pursuant to application number 03-9510.
    (L) Permit To Install issued by the State Of Ohio to Honda of 
America Manufacturing, Inc., East Liberty, OH, on April 17, 1996, for 
emissions units K009 and K013, pursuant to application number 05-7923.
    (M) Permit To Install issued by the State Of Ohio to American Trim, 
LLC (formerly Stolle Corporation, Stolle Products Division), Sidney, OH, 
on September 13, 1995, K045, pursuant to application number 05-7329.
    (N) Permit To Install issued by the State Of Ohio to American Trim, 
LLC (formerly Stolle Products), Sidney, OH, on December 3, 1998, for 
emissions unit K048, pursuant to application number 05-9516.
    (O) Permit To Install issued by the State Of Ohio to Hawkline 
Nevada, LLC (formerly Trinity Industries, Inc.), Plant 101, Mt. Orab, 
OH, on February 28, 1996, for emissions unit K001, pursuant to 
application number 07-407.
    (P) Permit To Install issued by the State Of Ohio to American Trim, 
LLC (formerly Superior Metal Products), Lima, OH, on July 23, 1997, for 
emissions unit K002, pursuant to application number 03-0397.
    (150) On August 22, 2008, Ohio submitted revisions to
    Ohio Administrative Code Chapter 3745-17, Rules 3745-17-01 through 
3745-112-14. The revisions contain particulate matter standards in the 
State of Ohio necessary to attain and maintain the 2006 24-hour 
PM2.5, annual PM2.5 and 24-hour PM10 
NAAQS.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-17-01 Definitions: (A) and 
(B), Rule 3745-17-02 Ambient air quality standards, Rule 3745-17-04 
Compliance time schedules, Rule 3745-17-07 Control of visible 
particulate emissions from stationary sources, Rule 3745-17-08 
Restriction of emission of fugitive dust, Rule 3745-17-09 Restrictions 
on particulate emissions and odors from incinerators, Rule 3745-17-10 
Restrictions on particulate emissions from fuel burning equipment, Rule 
3745-17-12 Additional restrictions on particulate emissions from 
specific air contaminant sources in Cuyahoga county, Rule 3745-17-13 
Additional restrictions on particulate emissions from specific air 
contaminant sources in Jefferson county, and Rule 3745-17-14 Contingency 
plan requirements for Cuyahoga and Jefferson counties. The rules became 
effective on February 1, 2008.
    (B) January 22, 2008, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.
    (ii) Additional Information.

[[Page 686]]

    (A) Ohio Administrative Code Rule 3745-17-01 Definitions: (C), 
effective on February 1, 2008.
    (151) On September 10, 2009, Ohio EPA submitted amendments to the 
OAC with the intent to consolidate Ohio's Ambient Air Quality Standards 
into a single rule to provide greater accessibility for the regulated 
community and to the citizens of Ohio. EPA is approving the request 
because the revisions clarify the state's rules and thus better serve 
the purpose of providing for meeting these standards.
    (i) Incorporation by reference.
    (A) Paragraph (A) of Ohio Administrative Code Rule 3745-17-03, 
``Measurement methods and procedures.'', effective April 18, 2009.
    (B) Ohio Administrative Code Rule 3745-17-14 ``Contingency plan 
requirements for Cuyahoga and Jefferson counties.'', effective April 18, 
2009.
    (C) Ohio Administrative Code Rule 3745-18-03 ``Attainment dates and 
compliance time schedules.'', effective April 18, 2009.
    (D) Ohio Administrative Code Rule 3745-23-01 ``Definitions.'', 
effective April 18, 2009.
    (E) Ohio Administrative Code Rule 3745-23-02 ``Methods of 
measurement.'', effective April 18, 2009.
    (F) Ohio Administrative Code Rule 3745-25-01 ``Definitions.'', 
effective April 18, 2009.
    (G) Ohio Administrative Code Rule 3745-25-02 ``Ambient air quality 
standards.'', effective April 18, 2009.
    (H) Ohio Administrative Code Rule 3745-25-03 ``Air pollution 
emergencies and episode criteria.'', effective August 21, 2009.
    (I) Ohio Administrative Code Rule 3745-25-04 ``Air pollution 
emergency emission control action programs.'', effective April 18, 2009.
    (J) Ohio Administrative Code Rule 3745-25-05 ``Air pollution 
emergency orders.'', effective April 18, 2009.
    (K) April 8, 2009, ``Director's Final Findings and Orders'', signed 
by Chris Korleski, Director, Ohio Environmental Protection Agency.
    (L) August 11, 2009, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.
    (152) On March 9, 2010, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted revisions to its previously approved offset 
lithographic and letterpress printing volatile organic compound (VOC) 
rule for approval into its state implementation plan (SIP). This 
submittal revises certain compliance dates and recordkeeping 
requirements.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-22 ``Control of volatile 
organic compound emissions from offset lithographic printing and 
letterpress printing facilities.'', effective February 10, 2010.
    (B) January 29, 2010, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio EPA.
    (153) On November 10, 2010, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted new rule OAC 3745-21-25 ``Control of VOC Emissions 
from Reinforced Plastic Composites Production Operations'' for approval 
into its state implementation plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-25 ``Control of VOC 
Emissions from Reinforced Plastic Composites Production Operations,'' 
effective November 11, 2010.
    (B) November 1, 2010, ``Director's Final Findings and Orders,'' 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.
    (ii) Additional material. (A) An October 25, 2010, letter from 
Robert F. Hodanbosi, Chief Division of Air Pollution Control of the Ohio 
Environmental Protection Agency to Susan Hedman, Regional Administrator, 
containing documentation of noninterference, under section 110(l) of the 
Clean Air Act, of the less stringent applicability cutoff for sheet mold 
compound machines.
    (154) On April 7, 2008, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted revised rule ``Control of emissions of organic 
materials from stationary sources (i.e., emissions that are not 
regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-
21-15, 3745-21-16, or 3745-21-18 of the Administrative Code).'' On 
February 8, 2008, the previously existing rule 3745-21-07 was rescinded 
by Ohio EPA.

[[Page 687]]

    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-07 ``Control of emissions 
of organic materials from stationary sources (i.e., emissions that are 
not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 
3745-21-15, 3745-21-16, or 3745-21-18 of the Administrative Code),'' 
effective February 18, 2008.
    (B) February 18, 2008, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency.
    (ii) Additional material.
    (A) An October 25, 2010, letter from Robert F. Hodanbosi, Chief 
Division of Air Pollution Control of the Ohio Environmental Protection 
Agency to Susan Hedman, Regional Administrator, containing documentation 
of noninterference, under section 110(l) of the Clean Air Act, of the 
less stringent applicability cutoff for sheet mold compound machines.
    (155) On March 11, 2011, the Ohio Environmental Protection Agency 
submitted Ohio's regional haze plan addressing the first implementation 
period of the regional haze rule requirements. This plan includes a 
long-term strategy with emission limits for mandating emission 
reductions equivalent to the reductions from implement best available 
retrofit technology and with emission reductions to provide Ohio's 
contribution toward achievement of reasonable progress goals at Class I 
areas affected by Ohio. The plan specifically satisfies BART 
requirements for non-EGUs, most notably by providing new, tighter 
emission limits for the P.H. Glatfelter facility in Ross County, Ohio. 
The plan establishes a combined daily sulfur dioxide emission limit of 
24,930 pounds per day for boiler 7 and 8. The plan 
also includes permit number P0103673 that will impose these emission 
limitations on P.H. Glatfelter Company.
    (i) Incorporation by reference.
    (A) Permit-to-Install Number P0103673, issued to P.H. Glatfelter 
Company--Chillicothe Facility by the Ohio Environmental Protection 
Agency, signed by Scott J. Nally and effective on March 7, 2011.
    (156) On April 24, 2006, Ohio EPA submitted two permanent exemptions 
from the Permit to Install program and six Permit-by-Rule provisions for 
approval into its SIP. On July 18, 2008, Ohio EPA submitted provisions 
for a Permit to Install and Operate (PTIO) program and a general permit 
program for approval into its SIP. The changes to Ohio's SIP involve the 
modification of various parts of OAC 3745-31, the removal of OAC 3745-
35, and the addition of OAC 3745-31-29 to enable the issuance of 
federally enforceable general PTIs and general PTIOs. On June 30, 2008, 
the state regulations to implement the PTIO program became effective and 
OAC 3745-35 was rescinded.
    (i) Incorporation by reference.
    (A) Paragraph (A) of Ohio Administrative Code Rule 3745-15-03, 
``Submission of emission information.'', effective June 30, 2008.
    (B) Ohio Administrative Code Rule 3745-31-01, ``Definitions.'', 
effective December 14, 2007, except for paragraphs (I), (LLL)(2)(a)(ix), 
(LLL)(2)(a)(xxi), (LLL)(4)(t), and (QQQ)(1)(b).
    (C) Ohio Administrative Code Rule 3745-31-02, ``Applicability, 
requirements, and obligations.'', effective June 30, 2008.
    (D) Ohio Administrative Code Rule 3745-31-03, ``Exemptions.'', 
effective June 30, 2008.
    (E) Ohio Administrative Code Rule 3745-31-04, ``Applications.'', 
effective June 30, 2008.
    (F) Ohio Administrative Code Rule 3745-31-05, ``Criteria for 
decision by the director.'', effective June 30, 2008, except for 
paragraph (A)(3)(a)(ii).
    (G) Ohio Administrative Code Rule 3745-31-06, ``Completeness 
determinations, processing requirements, public participation, public 
notice, and issuance.'', effective June 30, 2008, except for paragraph 
(H)(2)(d).
    (H) Ohio Administrative Code Rule 3745-31-07, ``Termination, 
revocation, expiration, renewal, revision and transfer.'', effective 
June 30, 2008.
    (I) Ohio Administrative Code Rule 3745-31-08, ``Registration status 
permit-to-operate.'', effective June 30, 2008.
    (J) Ohio Administrative Code Rule 3745-31-09, ``Variances on 
operation.'', effective June 30, 2008.
    (K) Ohio Administrative Code Rule 3745-31-10, ``NSR projects at 
existing emissions units at a major stationary source.'', effective June 
30, 2008.

[[Page 688]]

    (L) Ohio Administrative Code Rule 3745-31-20, ``Attainment 
provisions--innovative control technology.'', effective June 30, 2008.
    (M) Ohio Administrative Code Rule 3745-31-22, ``Nonattainment 
provisions--conditions for approval.'', effective June 30, 2008.
    (N) Ohio Administrative Code Rule 3745-31-29, ``General permit-to-
install and general PTIO.'', effective June 30, 2008.
    (O) Ohio Administrative Code Rule 3745-31-32, ``Plantwide 
applicability limit (PAL).'', effective June 30, 2008.
    (P) June 2, 2008, ``Director's Final Findings and Orders'', signed 
by Chris Korleski, Director, Ohio EPA.
    (157) On February 23, 2012, Ohio submitted revisions to Ohio 
Administrative Code Chapter 3745-17, Rule 3745-17-11. The revisions 
contain particulate matter restriction for industrial sources in the 
State of Ohio necessary to attain and maintain the 2006 24-hour 
PM2.5, annual PM2.5, and 24-hour PM10 
NAAQS.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-17-11 ``Restrictions on 
particulate emissions from industrial processes'', effective December 
23, 2011.
    (B) December 13, 2011, ``Director's Final Findings and Orders'', 
signed by Scott J. Nally, Director, Ohio Environmental Protection 
Agency.
    (158) On June 1, 2011, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted several volatile organic compound (VOC) rules for 
approval into the Ohio State Implementation Plan. These rules include 
the source categories covered by the Control Technique Guideline (CTG) 
documents issued in 2008, as well as several other miscellaneous rule 
revisions.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-21-01 ``Definitions.'', 
effective May 12, 2011.
    (B) Ohio Administrative Code Rule 3745-21-09 ``Control of emissions 
of volatile organic compounds from stationary sources and 
perchloroethylene from dry cleaning facilities.'', effective May 12, 
2011, except for paragraph (U)(1)(h).
    (C) Ohio Administrative Code Rule 3745-21-21 ``Storage of volatile 
organic liquids in fixed roof tanks and external floating roof tanks.'', 
effective May 12, 2011.
    (D) Ohio Administrative Code Rule 3745-21-23 ``Control of volatile 
organic compound emissions from industrial solvent cleaning 
operations.'', effective May 12, 2011.
    (E) Ohio Administrative Code Rule 3745-21-24 ``Flat wood paneling 
coatings.'', effective May 12, 2011.
    (F) Ohio Administrative Code Rule 3745-21-27 ``Boat 
manufacturing.'', effective May 12, 2011.
    (G) Ohio Administrative Code Rule 3745-21-28 ``Miscellaneous 
industrial adhesives and sealants'', effective May 12, 2011.
    (H) Ohio Administrative Code Rule 3745-21-29 ``Control of volatile 
organic compound emissions from automobile and light-duty truck assembly 
coating operations, heavier vehicle assembly coating operations, and 
cleaning operations associated with these coating operations.'', 
effective May 12, 2011.
    (I) Ohio Administrative Code Rule 3745-72-02 ``Definitions.'', 
effective May 12, 2011.
    (J) Ohio Administrative Code Rule 3745-72-05 ``Liability.'', 
effective May 12, 2011.
    (K) Ohio Administrative Code Rule 3745-72-06 ``Defenses.'', 
effective May 12, 2011.
    (L) May 2, 2011, ``Director's Final Findings and Orders,'' signed by 
Scott J. Nally, Director, Ohio Environmental Protection Agency.

[37 FR 10886, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1870, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1871  Classification of regions.

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

[[Page 689]]



----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Greater Metropolitan Cleveland Intrastate.................           I          I       III       III          I
Huntington (West Virginia)-Ashland (Kentucky)-Portsmouth-            I        III       III       III        III
 Ironton (Ohio) Interstate................................
Mansfield-Marion Intrastate...............................          II         II       III       III        III
Metropolitan Cincinnati Interstate........................           I         II       III       III          I
Metropolitan Columbus Intrastate..........................           I        III       III       III          I
Metropolitan Dayton Intrastate............................           I         II       III       III          I
Metropolitan Toledo Interstate............................           I          I       III       III          I
Northwest Ohio Intrastate.................................          II          I       III       III        III
Northwest Pennsylvania-Youngstown Interstate..............           I         II       III       III        III
Parkersburg (West Virginia)-Marietta (Ohio) Interstate....           I         II       III       III        III
Sandusky Intrastate.......................................         III        III       III       III        III
Steubenville-Weirton-Wheeling Interstate..................           I          I       III       III        III
Wilmington-Chillicothe-Logan Intrastate...................         III        III       III       III        III
Zanesville-Cambridge Intrastate...........................          II         IA       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10886, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 
FR 72146, Oct. 31, 1980]



Sec. 52.1872  [Reserved]



Sec. 52.1873  Approval status.

    (a) With the exceptions set forth in this subpart the Administrator 
approves Ohio's plan for the attainment and maintenance of the National 
Ambient Air Quality Standards under section 110 of the Clean Air Act. 
Furthermore, the Administrator finds the plan satisfies all the 
requirements of Part D, Title 1 of the Clean Air Act as amended in 1977, 
except as noted below. In addition, continued satisfaction of the 
requirements of Part D for the ozone portion of the SIP depends on the 
adoption and submittal of RACT requirements by January 1, 1981 for the 
sources covered by CTGs between January 1978 and January 1979 and 
adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered by CTGs issued by the previous January.
    (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:

[[Page 690]]

    (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 3745-31-
01(III)(4) of Ohio's Administrative Code) and a significant net 
emissions increase (as defined in paragraphs 3745-31-01, paragraphs 
(SSS) and (LLLLL)(1) of Ohio's Administrative Code) 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 3745-31-
01(LLLLL)(2) of Ohio's Administrative Code.

[75 FR 82559, Dec. 30, 2010]



Sec. 52.1874  [Reserved]



Sec. 52.1875  Attainment dates for achieving the sulfur dioxide
secondary standard.

    The attainment date for achieving the sulfur dioxide 
(SO2) secondary national ambient air quality standard (NAAQS) 
is August 27, 1979 except as follows. The following sources are required 
to achieve the secondary SO2 NAAQS by June 17, 1980: 
Youngstown Sheet & Tube Co.; PPG Industries, Inc.; Wheeling-Pittsburgh 
Steel Corp.; Pittsburgh-Canfield Corporation; The Timken Company; The 
Sun Oil Co.; Sheller-Globe Corp.; The B.F. Goodrich Company; Phillips 
Petroleum Co.; Shell Oil Co.; Federal Paper Board Co.; The Firestone 
Tire & Rubber Co.; Republic Steel Corp.; Chase Bag Co.; White-
Westinghouse Corp.; U.S. Steel Corp.; Interlake, Inc.; Austin Power Co.; 
Diamond Crystal Salt Co.; The Goodyear Tire & Rubber Co.; The Gulf Oil 
Co.; The Standard Oil Co.; Champion International Corp.; Koppers Co., 
Inc.; General Motors Corp.; E.I. duPont de Nemours and Co.; Coulton 
Chemical Corp.; Allied Chemical Corp.; Specialty Chemical Division; The 
Hoover Co.; Aluminum Co. of America; Ohio Greenhouse Asso.; Armco Steel 
Corp.; Buckeye Power, Inc.; Cincinnati Gas and Electric; Cleveland 
Electric Illuminating Co.; Columbus and Southern Ohio Electric; Dayton 
Power and Light Co.; Duquesne Light Co.; Ohio Edison Co.; Ohio Electric 
Co.; Pennsylvania Power Co.; Toledo Edison Co.; Ohio Edison Co.; RCA 
Rubber Co. The Ashland Oil Company is subject to a secondary 
SO2 NAAQS attainment date of September 14, 1982. The 
following sources located in Summit County are required to achieve the 
secondary SO2 NAAQS by January 4, 1983: Diamond Crystal Salt; 
Firestone Tire & Rubber Co.; General Tire & Rubber Co.; General Tire & 
Rubber; B.F. Goodrich Co.; Goodyear Aerospace Corp.; Goodyear Tire & 
Rubber Co.; Chrysler Corp.; PPG Industries Inc.; Seiberling Tire & 
Rubber; Terex Division of General Motors Corp.; Midwest Rubber 
Reclaiming; Kittinger Supply Co. The boiler of PPG Industries, Inc. 
located in Summit County must achieve attainment of the secondary 
SO2 NAAQS by August 25, 1983. The Portsmouth Gaseous 
Diffusion Plant in Pike County is required to attain the secondary 
SO2 NAAQS by November 5, 1984. The Ohio Power Company Galvin 
Plant located in Gallia County is required to attain the secondary 
SO2 NAAQS by August 25, 1985.

[61 FR 16062, Apr. 11, 1996]



Sec. 52.1876  Control strategy: Nitrogen dioxide.

    (a) The condition to EPA's approval of the oxides of nitrogen State 
Implementation Plan (SIP) codified at 40 CFR 52.1870(c)(128) is 
satisfied by Ohio's November 26, 2003, submittal of the change to the 
flow control date in the oxides of nitrogen budget trading SIP.
    (b) [Reserved]

[69 FR 13234, Mar. 22, 2004]



Sec. 52.1877  Control strategy: Photochemical oxidants (hydrocarbons).

    (a) The requirements of Subpart G of this chapter are not met 
because the Ohio plan does not provide for the attainment and 
maintenance of the national standard for photochemical

[[Page 691]]

oxidants (hydrocarbons) in the Metropolitan Cincinnati interstate region 
by May 31, 1975.
    (b) The requirements of Sec. 52.14 are not met by Rule 3745-21-
09(N)(3) (a) and (e); Rule 3745-21-09(Z)(1)(a); Rule 3745-21-10, Section 
G; and Rule 3745-21-10, Section H, because these Ohio Rules do not 
provide for attainment and maintenance of the photochemical oxidant 
(hydrocarbon) standards throughout Ohio.
    (1) USEPA is disapproving new exemptions for the use of cutback 
asphalt [(Rule 3745-21-09(N)(3) (a) and (e)], because Ohio did not 
provide documentation regarding the temperature ranges in the additional 
two months that the State permits the use of cutback asphalts, and a 
lack of training is not sufficient reason for the 1000 gallons 
exemptions.
    (2) USEPA is disapproving Section V [Rule 3745-21-09(V)], because it 
contains an alternative leak testing procedure for gasoline tank trucks 
which USEPA finds to be unapprovable.
    (3) USEPA is disapproving exclusion of the external floating roof 
(crude oil) storage tanks from the secondary seal requirement [Rule 
3745-21-09(Z)(1)(a)], because Ohio has not demonstrated that the 
relaxation would not interfere with the timely attainment and 
maintenance of the NAAQS for ozone.
    (4) USEPA is disapproving compliance test method Section G, [Rule 
3745-21-10] as an alternative leak testing procedure for gasoline tank 
trucks, because such action on Section G, is consistent with USEPA's 
action on Rule 3745-21-09(V), which USEPA finds to be unapprovable.
    (5) USEPA is disapproving compliance test method Section H, [Rule 
3745-21-10], which involves a pressure test of only the vapor recovery 
lines and associated equipment. Compliance test method Section H is 
inconsistent with USEPA's control technique guidances and with tank 
truck certification regulations that are in effect in 19 other States. 
In addition, OEPA has presented no acceptable evidence demonstrating why 
this rule constitutes RACT.

[38 FR 30974, Nov. 8, 1973, as amended at 39 FR 13542, Apr. 15, 1974; 51 
FR 40676, Nov. 7, 1986; 54 FR 1940, Jan. 18, 1989]



Sec. 52.1878  [Reserved]



Sec. 52.1879  Review of new sources and modifications.

    (a) The requirements of sections 172, 173, 182, and 189 for 
permitting of major new sources and major modifications in nonattainment 
areas for ozone, particulate matter, sulfur dioxide, and carbon monoxide 
are not met, because Ohio's regulations exempt source categories which 
may not be exempted and because the State has not adopted the new 
permitting requirements of the Clean Air Act Amendments of 1990 in a 
clear or enforceable manner.
    (b) [Reserved]
    (c) The requirements of Sec. 51.161 of this chapter are not met 
because the State failed to submit procedures providing for public 
comment on review of new or modified stationary sources.
    (d) Regulation providing for public comment. (1) For purposes of 
this paragraph, Director shall mean the Director of the Ohio 
Environmental Protection Agency.
    (2) Prior to approval or disapproval of the construction or 
modification of a stationary source, the Director shall:
    (i) Make a preliminary determination whether construction or 
modification of the stationary source should be approved, approved with 
conditions or disapproved;
    (ii) Make available in at least one location in the region in which 
the proposed stationary source would be constructed or modified, a copy 
of all materials submitted by the owner or operator, a copy of the 
Director's preliminary determination, and a copy or summary of other 
materials, if any, considered by the Director in making his preliminary 
determination; and
    (iii) Notify the public, by prominent advertisement in a newspaper 
of general circulation in the region in which the proposed stationary 
source would be constructed or modified, of the opportunity for public 
comment on the information submitted by the owner or operator and the 
Director's preliminary determination on the approvability of the new or 
modified stationary source.
    (3) A copy of the notice required pursuant to this paragraph shall 
be sent to

[[Page 692]]

the Administrator through the appropriate regional office and to all 
other State and local air pollution control agencies having jurisdiction 
within the region where the stationary source will be constructed or 
modified.
    (4) Public comments submitted in writing within 30 days of the date 
such information is made available shall be considered by the Director 
in making his final decision on the application.
    (e) Approval--EPA is approving requests submitted by the State of 
Ohio on March 18, November 1, and November 15, 1994, for exemption from 
the requirements contained in section 182(f) of the Clean Air Act. This 
approval exempts the following counties in Ohio from the NOX 
related general and transportation conformity provisions and 
nonattainment area NSR for new sources and modifications that are major 
for NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson, 
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also 
exempts the following counties in Ohio from the NOX related 
general conformity provisions; nonattainment area NSR for new sources 
and modifications that are major for NOX; NOX 
RACT; and a demonstration of compliance with the enhanced I/M 
performance standard for NOX: Ashtabula, Cuyahoga, Geauga, 
Lake, Lorain, Medina, Portage, and Summit.
    (f) Approval--USEPA is approving two exemption requests submitted by 
the Ohio Environmental Protection Agency on September 20, 1993, and 
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, 
respectively, from the requirements contained in Section 182(f) of the 
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene, 
Miami, and Montgomery Counties from the requirements to implement 
reasonably available control technology (RACT) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review 
(NSR) for new sources and modifications that are major for 
NOX, and the NOX-related requirements of the 
general and transportation conformity provisions. For the Dayton ozone 
nonattainment area, the Dayton local area has opted for an enhanced 
inspection and maintenance (I/M) programs. Upon final approval of this 
exemption, the Clark, Greene, Miami, and Montgomery Counties shall not 
be required to demonstrate compliance with the enhanced I/M performance 
standard for NOX. If a violation of the ozone NAAQS is 
monitored in the Toledo or Dayton area(s), the exemptions from the 
requirements of Section 182(f) of the Act in the applicable area(s) 
shall no longer apply.
    (g) Approval--EPA is approving an exemption from the requirements 
contained in section 182(f) of the Clean Air Act. This approval exempts 
Butler, Clermont, Hamilton, and Warren counties in Ohio from 
nonattainment NSR for new sources and modifications that are major for 
NOX.

[39 FR 13542, Apr. 15, 1974, as amended at 45 FR 72122, Oct. 31, 1980; 
45 FR 82927, Dec. 17, 1980; 51 FR 40677, Nov. 7, 1986; 58 FR 47214, 
Sept. 8, 1993; 59 FR 48395, Sept. 21, 1994; 60 FR 3766, Jan. 19, 1995; 
60 FR 36060, July 13, 1995; 65 FR 37899, June 19, 2000]



Sec. 52.1880  Control strategy: Particulate matter.

    (a) The requirements of subpart G of this chapter are not met 
because the Ohio plan does not provide for attainment and maintenance of 
the secondary standards for particulate matter in the Greater 
Metropolitan Cleveland Intrastate Region and the Ohio portions of the 
Northwest Pennsylvania-Youngstown and the Steubenville-Weirton-Wheeling 
Interstate Regions.
    (b) In Pickaway County, Columbus and Southern Ohio Electric Company, 
or any subsequent owner or operator of the Picway Generating Station, 
shall not operate simultaneously Units 3 and 4 (boilers 7 and 8) at any 
time. These units will terminate operation no later than October 1, 
1980.
    (c) Ohio Regulation EP-12 (open burning) is disapproved insofar as 
EP-12-03(D)(1) and EP-12-04(D)(1) allow open burning of hazardous or 
toxic materials.
    (d)-(f) [Reserved]
    (g) The B.F. Goodrich Chemical Plant State Implementation Plan 
revision is being disapproved because it is not supported by an adequate 
attainment demonstration and therefore does not meet the requirements of 
Sec. 51.13(e).

[[Page 693]]

    (h) Approval. On January 4, 1989, the State of Ohio submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for Ohio's Group II 
areas. The Group II areas of concern are in Belmont, Butler, Columbiana, 
Franklin, Hamilton, Lorain, Mahoning, Montgomery, Richland, Sandusky, 
Scioto, Seneca, Stark, Summit, Trumbull, and Wyandot Counties. The 
committal SIP contains all the requirements identified in the July 1, 
1987, promulgation of the SIP requirements for PM10 at 52 FR 
24681.
    (i) Part D--Disapproval--Ohio's Part D TSP plan for the Middletown 
area is disapproved. Although USEPA is disapproving the plan, the 
emission limitations and other requirements in the federally approved 
SIP remain in effect. See Sec. 52.1870(c)(27).
    (j) Approval--EPA is approving the PM10 maintenance plan for 
Cuyahoga and Jefferson Counties that Ohio submitted on May 22, 2000, and 
July 13, 2000.
    (k) Determinations of Attainment. EPA has determined, as of November 
20, 2009, the Parkerburg-Marietta, WV-OH and the Wheeling, WV-OH 
PM2.5 nonattainment areas have attained the 1997 
PM2.5 NAAQS. These determinations, in accordance with 40 CFR 
52.1004(c), suspend the requirements for these areas 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 
these areas continue to meet the 1997 PM2.5 NAAQS.
    (l) Disapproval. EPA is disapproving the portions of Ohio'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).
    (m) 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.
     (n) Determination of Attainment. EPA has determined, as of 
September 14, 2011, that based on 2007 to 2009 ambient air quality data, 
the Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
Weirton nonattainment areas have attained the 1997 annual 
PM2.5 NAAQS. This determination, in accordance with 40 CFR 
52.1004(c), suspends the requirements for these areas to submit 
attainment demonstrations, associated reasonably available control 
measures, reasonable further progress plans, contingency measures, and 
other planning SIPs related to attainment of the standard for as long as 
these areas continue to meet the 1997 annual PM2.5 NAAQS.
    (o) 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.
    (p) Approval--The 1997 annual PM2.5 maintenance plans for 
the following areas have been approved:
    (1) The Cincinnati-Hamilton nonattainment area (Butler, Clermont, 
Hamilton, and Warren Counties), as submitted on January 25, 2011. The 
maintenance plan establishes 2015 motor vehicle emissions budgets for 
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.
    (2) The Ohio portion of the Huntington-Ashland nonattainment area

[[Page 694]]

(Lawrence and Scioto Counties and portions of Adams and Gallia 
Counties). The maintenance plan establishes a determination of 
insignificance for both NOX and primary PM2.5 for 
conformity purposes.
    (q) Approval--The 1997 annual PM2.5 comprehensive 
emissions inventories for the following areas have been approved:
    (1) Ohio's 2005 NOx, directly emitted PM2.5, and 
SO2 emissions inventory satisfies the emission inventory 
requirements of section 172(c)(3) for the Cincinnati-Hamilton area.
    (2) Ohio's 2005 and 2008 NOX, directly emitted 
PM2.5, and SO2 emissions inventory satisfies the 
emission inventory requirements of section 172(c)(3) for the Huntington-
Ashland area.
     (r) Determination of Attainment. EPA has determined, as of May 14, 
2012, that based on 2008 to 2010 ambient air quality data, the 
Steubenville-Weirton nonattainment area has attained the 24-hour 2006 
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 24-hour 2006 PM2.5 NAAQS.

[39 FR 13542, Apr. 15, 1974]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1880, 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 76 FR 80260, Dec. 23, 2011, Sec. 52.1880 was 
amended by adding (p) and (q); however, the amendment could not be 
incorporated because (p) and (q) already exist.



Sec. 52.1881  Control strategy: Sulfur oxides (sulfur dioxide).

    (a) USEPA is approving, disapproving or taking no action on various 
portions of the Ohio sulfur dioxide control plan as noticed below. The 
disapproved portions of the Ohio plan do not meet the requirements of 
Sec. 51.13 of this chapter in that they do not provide for attainment 
and maintenance of the national standards for sulfur oxides (sulfur 
dioxide). (Where USEPA has approved the State's sulfur dioxide plan, 
those regulations supersede the federal sulfur dioxide plan contained in 
paragraph (b) of this section and Sec. 52.1882.)
    (1) Approval--USEPA approves the following OAC Rule: 3745-18-01 
Definitions, 3745-18-02 Ambient Air Quality Standards-Sulfur Dioxide, 
3745-18-05 Ambient and Meteorological Monitoring Requirements, 3745-18-
06 General Emission Limit Provisions.
    (2) Approval--USEPA approves the Ohio Rules 3745-18-03 Attainment 
Dates and Compliance Time Schedules except for those provisions listed 
in Sec. 52.1881(a)(5).
    (3) Approval--USEPA approves the Ohio Rules 3745-18-04 Emission 
Measurement Methods except for those provisions listed in Sec. 
52.1881(a)(6).
    (4) Notwithstanding the portions of Ohio's sulfur dioxide rules 
identified in this section that EPA has either disapproved or taken no 
action on, EPA has approved a complete plan addressing all counties in 
the State of Ohio. EPA has approved the following rules, supplemented by 
any additional approved rules specified in 40 CFR 52.1870:
    (i) Rules as effective in Ohio on December 28, 1979: OAC 3745-18-
04(A), (B), (C), (D)(1), (D)(4), (E)(1), and (H) (measurement methods), 
OAC 3745-18-05 (ambient monitoring), OAC 3745-18-09 (Ashland County), 
OAC 3745-18-13 (Belmont), OAC 3745-18-14 (Brown), OAC 3745-18-16 
(Carroll), OAC 3745-18-19 (Clermont)--except for one paragraph approved 
later (CG&E Beckjord), OAC 3745-18-20 (Clinton), OAC 3745-18-21 
(Columbiana), OAC 3745-18-23 (Crawford), OAC 3745-18-25 (Darke), OAC 
3745-18-26 (Defiance), OAC 3745-18-27 (Delaware), OAC 3745-18-30 
(Fayette), OAC 3745-18-32 (Fulton), OAC 3745-18-36 (Guernsey), OAC 3745-
18-39 (Hardin), OAC 3745-18-40 (Harrison), OAC 3745-18-41 (Henry), OAC 
3745-18-42 (Highland), OAC 3745-18-43 (Hocking), OAC 3745-18-44 
(Holmes), OAC 3745-18-45 (Huron), OAC 3745-18-46 (Jackson), OAC 3745-18-
48 (Knox), OAC 3745-18-51 (Licking), OAC 3745-18-52 (Logan), OAC 3745-
18-55 (Madison), OAC 3745-18-58 (Medina), OAC 3745-18-59 (Meigs), OAC 
3745-18-60 (Mercer), OAC 3745-18-62 (Monroe), OAC 3745-18-64 (Morgan)--
except for one paragraph approved later (OP Muskingum River), OAC 3745-
18-65

[[Page 695]]

(Morrow), OAC 3745-18-67 (Noble), OAC 3745-18-70 (Perry), OAC 3745-18-73 
(Portage), OAC 3745-18-74 (Preble), OAC 3745-18-75 (Putnam), OAC 3745-
18-86 (Union), OAC 3745-18-88 (Vinton), OAC 3745-18-89 (Warren), OAC 
3745-18-92 (Williams), and OAC 3745-18-94 (Wyandot);
    (ii) Rules as effective in Ohio on October 1, 1982: OAC 3745-18-64 
(B) (OP Muskingum River in Morgan County);
    (iii) Rules as effective in Ohio on May 11, 1987: OAC 3745-18-19(B) 
(CG&E Beckjord);
    (iv) Rules as effective in Ohio on October 31, 1991: OAC 3745-18-04 
(D)(7), (D)(8)(a) to (D)(8)(e), (E)(5), (E)(6)(a), (E)(6)(b), (F), and 
(I) (measurement methods);
    (v) Rules as effective in Ohio on July 25, 1996: OAC 3745-18-47 
(Jefferson);
    (vi) Rules as effective in Ohio on March 21, 2000: OAC 3745-18-
04(D)(8), (D)(9), and (E)(7) (measurement methods), OAC 3745-18-22 
(Coshocton), OAC 3745-18-33 (Gallia), and OAC 3745-18-71 (Pickaway);
    (vii) Rules as effective in Ohio on September 1, 2003: OAC 3745-18-
04(F) and (J) (measurement methods), and OAC 3745-18-56 (Mahoning);
    (viii) Rules as effective in Ohio on January 23, 2006: OAC 3745-18-
01 (definitions), OAC 3745-18-02 (air quality standards), OAC 3745-18-03 
(compliance dates), OAC 3745-18-06 (general provisions), OAC 3745-18-07 
(Adams), OAC 3745-18-10 (Ashtabula), OAC 3745-18-11 (Athens), OAC 3745-
18-12 (Auglaize), OAC 3745-18-17 (Champaign), OAC 3745-18-18 (Clark), 
OAC 3745-18-28 (Erie), OAC 3745-18-29 (Fairfield), OAC 3745-18-31 
(Franklin), OAC 3745-18-34 (Geauga), OAC 3745-18-35 (Greene), OAC 3745-
18-37 (Hamilton), OAC 3745-18-38 (Hancock), OAC 3745-18-49 (Lake), OAC 
3745-18-50 (Lawrence), OAC 3745-18-53 (Lorain), OAC 3745-18-57 (Marion), 
OAC 3745-18-61 (Miami), OAC 3745-18-63 (Montgomery), OAC 3745-18-66 
(Muskingum), OAC 3745-18-68 (Ottawa), OAC 3745-18-69 (Paulding), OAC 
3745-18-72 (Pike), OAC 3745-18-76 (Richland), OAC 3745-18-77 (Ross), OAC 
3745-18-78 (Sandusky), OAC 3745-18-79 (Scioto), OAC 3745-18-80 (Seneca), 
OAC 3745-18-81 (Shelby), OAC 3745-18-83 (Summit), OAC 3745-18-84 
(Trumbull), OAC 3745-18-85 (Tuscarawas), OAC 3745-18-87 (Van Wert), OAC 
3745-18-90 (Washington), OAC 3745-18-91 (Wayne), and OAC 3745-18-93 
(Wood);
    (ix) Rules as effective in Ohio on March 27, 2006: OAC 3745-18-08 
(Allen), OAC 3745-18-15 (Butler), OAC 3745-18-24 (Cuyahoga), and OAC 
3745-18-54 (Lucas); and
    (x) Rule as effective in Ohio on December 8, 2007: OAC 3745-18-82 
(Stark).
    (5) Disapproval--USEPA disapproves the Ohio Rule 3745-18-03(A), 
Attainment Dates and also disapproves Ohio Rule 3745-18-03(C)(3) 
Compliance Time Schedules for all sources electing to comply with the 
regulations by utilizing complying fuels.
    (6) No Action--USEPA is neither approving nor disapproving the 
following Ohio Rule pending further review: 3745-18-04(D)(2), 3745-18-
04(D)(3), 3745-18-04(E)(2), 3745-18-04(E)(3) and, 3745-18-04(E)(4) 
Emission Measurement Methods.
    (7)-(8) [Reserved]
    (9) No Action--USEPA takes no action on the 30-day averaging 
provisions contained in the Toledo Edison Company's Bay Shore Station 
State Implementation Plan revision until a general review of 30-day 
averaging is complete.
    (10) Approval--USEPA approves Condition 3 of the permits 
for the Coulton Chemical Plant in Toledo and the E.I. duPont de Nemours 
and Company plant in Miami, Ohio. This condition requires the 
installation and operation of continuous emission monitors for sulfur 
dioxide.
    (11) Approval. USEPA approves Ohio's Good Engineering Stack Height 
Regulations as contained in Ohio Administrative Code Chapter 3745-16-01 
and 02. These rules were adopted by the State on February 12, 1986 and 
were effective on March 5, 1986.
    (12) In a letter dated June 25, 1992, Ohio submitted a maintenance 
plan for sulfur dioxide in Morgan and Washington Counties.
    (13) In a letter dated October 26, 1995, Ohio submitted a 
maintenance plan for sulfur dioxide in Lake and Jefferson Counties.
    (14) On March 20, 2000, the Ohio Environmental Protection Agency 
submitted maintenance plans for Coshocton, Gallia and Lorain Counties.

[[Page 696]]

    (15) On September 27, 2003, Ohio submitted maintenance plans for 
sulfur dioxide in Cuyahoga County and Lucas County.
    (b) Regulations for the control of sulfur dioxide in the State of 
Ohio.
    (1) Definitions. All terms used in this paragraph but not 
specifically defined below shall have the meaning given them in the 
Clean Air Act or parts 51, 52, or 60 of this chapter.
    (i) By-product coke oven gas means the gas produced during the 
production of metallurgical coke in slot-type, by-product coke 
batteries.
    (ii) Flue gas desulfurization means any pollution control process 
which treats stationary source combustion flue gas to remove sulfur 
oxides.
    (iii) Fossil fuel means natural gas, refinery fuel gas, coke oven 
gas, petroleum, coal and any form of solid, liquid, or gaseous fuel 
derived from such materials.
    (iv) Fossil fuel-fired steam generating unit means a furnace or 
boiler used in the process of burning fossil fuel for the purpose of 
producing steam by heat transfer.
    (v) Heat input means the total gross calorific value (where gross 
calorific value is measured by ASTM Method D2015-66, D240-64, or D1826-
64) of all fossil and non-fossil fuels burned. Where two or more fossil 
fuel-fired steam generating units are vented to the same stack the heat 
input shall be the aggregate of all units vented to the stack.
    (vi) Owner or operator means any person who owns, leases, operates, 
controls, or supervises a facility, building, structure, or installation 
which directly or indirectly results or may result in emissions of any 
air pollutant for which a national standard is in effect.
    (vii) Primary zinc smelter means any installation engaged in the 
production, or any intermediate process in the production, of zinc or 
zinc oxide from the zinc sulfide ore concentrates through the use of 
pyrometallurgical techniques.
    (viii) Process means any source operation including any equipment, 
devices, or contrivances and all appurtenances thereto, for changing any 
material whatever or for storage or handling of any materials, the use 
of which may cause the discharge oons within a structure, building, or 
shop shall be considered as a single process for purposes of this 
regulation.
    (ix) Process weight means the total weight of all materials and 
solid fuels introduced into any specific process. Liquid and gaseous 
fuels and combustion air will not be considered as part of the process 
weight unless they become part of the product. For a cyclical or batch 
operation, the process weight per hour will be derived by dividing the 
total process weight by the number of hours from the beginning of any 
given process to the completion thereof, excluding any time during which 
the equipment is idle. For a continuous operation, the process weight 
per hour will be derived by dividing the process weight for the number 
of hours in a given period of time by the number of hours in that 
period. For fluid catalytic cracking units, process weight shall mean 
the total weight of material introduced as fresh feed to the cracking 
unit. For sulfuric acid production units, the nitrogen in the air feed 
shall not be included in the calculation of process weight.
    (x) Run means the net period of time during which an emission sample 
is collected. Unless otherwise specified, a run may be either 
intermittent or continuous within the limits of good engineering 
practice as determined by the Administrator.
    (xi) Source operation means the last operation preceding the 
emission of an air contaminant, which operation (a) results in the 
separation of the air contaminant from process materials or in the 
conversion of the process materials into air contaminants, as in the 
case of combustion of fuel; and (b) is not primarily an air pollution 
abatement operation.
    (xii) Stack means any chimney, flue, vent, roof monitor, conduit or 
duct arranged to vent emissions to the ambient air.
    (xiii) Sulfur recovery plant means any plant that recovers elemental 
sulfur from any gas stream.
    (xiv) Sulfuric acid production unit means any facility producing 
sulfuric acid by the contact process by burning

[[Page 697]]

elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides 
and mercaptans, or acid sludge.
    (xv) Total rated capacity means the sum of the rated capacities of 
all fuel-burning equipment connected to a common stack. The rated 
capacity shall be the maximum guaranteed by the equipment manufacturer 
or the maximum normally achieved during use as determined by the 
Administrator, whichever is greater.
    (2) Test methods and procedures. Unless specified below, the test 
methods and procedures used for determining compliance with the 
applicable paragraphs of Sec. 52.1881(b) shall be those prescribed in 
part 60 of this chapter. Compliance tests shall be conducted under such 
conditions as the Administrator shall specify based on representative 
performance of the affected facility. Notification and recordkeeping 
procedures shall be those prescribed in Sec. 60.7 of this chapter. The 
owner or operator shall make available to the Administrator such records 
as may be necessary to determine the conditions of the performance 
tests. A compliance test shall consist of at least three runs.
    (i) The test methods and procedures used for determining compliance 
for any sulfur recovery plant subject to applicable paragraph, of Sec. 
52.1881(b) shall be those prescribed in Sec. 60.46 of this chapter with 
the exception that the maximum amount of sulfur dioxide sampled by 
Method 6 shall not exceed 50 percent of the stoichiometric amount of 
hydrogen peroxide absorbent.
    (ii) The test methods and procedures used for determining compliance 
for any sulfuric acid production unit, or any primary zinc smelter 
subject to the applicable paragraphs of Sec. 52.1881(b) shall be those 
prescribed in Sec. 60.85 of this chapter.
    (iii) The test methods and procedure used to determine the 
compliance of any stack venting any fossil fuel-fired steam generating 
units subject to the applicable paragraphs of Sec. 52.1881(b) shall be 
those prescribed in Sec. 60.46 of this chapter.
    (3) Severability. If any provision of these regulations or the 
application thereof to any person or circumstances is held to be 
invalid, such invalidity shall not affect other provisions or 
application of any other part of these regulations which can be given 
effect without the invalid provisions or application, and to this end 
the provisions of these regulations and the various applications thereof 
are declared to be severable.
    (4) Submission of information. The submission of any information 
required under Sec. 52.1882 shall be made to the Director, Enforcement 
Division, U.S. Environmental Protection Agency, Region V, 230 South 
Dearborn, Chicago, Illinois, 60604, Attention Air Compliance Section.
    (5) For purposes of this regulation, stack and boiler identification 
numbers used in this paragraph were derived from correspondence 
submitted to the U.S. EPA by the affected owners or operators, and may 
be found in the record supporting this rulemaking.
    (6) This paragraph contains no applicable provisions in the 
following counties of Ohio: Ashland, Brown, Carroll, Champaign, Clinton, 
Darke, Defiance, Fayette, Fulton, Geauga, Guernsey, Hardin, Harrison, 
Highland, Hocking, Holmes, Jackson, Knox, Logan, Madison, Monroe, 
Morrow, Noble, Perry, Portage, Preble, Putnam, Shelby, Union, Van Wert, 
Warren, Williams, and Wyandot, nor does it apply to facilities equal to 
or less than 10 million BTU per hour total aggregate rated capacity of 
all units at a facility.
    (7) In Franklin County, no owner or operator of the following types 
of facilities unless otherwise specified in this paragraph, shall cause 
or permit emission of sulfur dioxide from any stack in excess of the 
rates specified below:
    (i) For fossil fuel-fired steam generating unit between 10.0 and 
50.0 x 10 \6\ BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

EL=8.088Qm-0.4307

where Qm is the total rated capacity of heat input in million 
          BTU per hour and EL is the allowable emission rate in pounds 
          of sulfur dioxide per million BTU actual heat input.


[[Page 698]]


    (ii) For fossil fuel-fired steam generating unit(s) equal to or 
greater than 50.0x10 \6\ BTU per hour total rated capacity of heat 
input, the emission limitation shall be 1.50 pounds of sulfur dioxide 
per million BTU actual heat input.
    (iii) The present or any subsequent owner or operator of the 
Columbus State Institution in Franklin County, Ohio shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of 3.80 pounds of sulfur dioxide per million BTU actual heat 
input.
    (iv) The present or any subsequent owner or operator of the Columbus 
State Hospital in Franklin County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
4.10 pounds of sulfur dioxide per million BTU actual heat input.
    (v) The present or any subsequent owner or operator of Ross 
Laboratory in Franklin County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
4.80 pounds of sulfur dioxide per million BTU actual heat input.
    (vi) The present or any subsequent owner or operator of the 
Rickenbacker Air Force Base in Franklin County, Ohio shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of 2.20 pounds of sulfur dioxide per million BTU actual heat 
input.
    (vii) The present or any subsequent owner or operator of the Capital 
City Products facility in Franklin County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of 3.10 pounds of sulfur dioxide per million BTU actual heat 
input.
    (viii) The present or any subsequent owner or operator of the 
Westinghouse Electric facility in Franklin County, Ohio shall not cause 
or permit the emission of sulfur dioxide from any stack at this facility 
in excess of 2.20 pounds of sulfur dioxide per million BTU actual heat 
input.
    (ix) (A) The present or any subsequent owner or operator of the 
Naval Weapons Industrial Reserve Plant in Franklin County, Ohio shall 
not cause or permit the emission of sulfur dioxide from any stack at 
this facility in excess of 1.06 pounds of sulfur dioxide per million BTU 
actual heat input.
    (B) In lieu of meeting Sec. 52.1881(b)(27)(ix)(A), the present or 
any subsequent owner or operator of the Naval Weapons Industrial Reserve 
Plant may elect to comply with the alternate emission limitation and 
operating conditions specified below.
    (1) The present or any subsequent owner or operator of the Naval 
Weapons Industrial Reserve Plant shall not cause or permit the emission 
of sulfur dioxide from any stack in excess of 3.65 pounds of sulfur 
dioxide per million BTU actual heat input provided that such stacks be 
greater than or equal to 44.5 meters in height and that the combined 
maximum boiler design capacity be limited to 177 million BTU per hour by 
installation of a lock-out system on the boiler coal-feeders. The 
present or any subsequent owner or operator of the Naval Weapons 
Industrial Reserve Plant shall keep a permanent log on the lock-out 
system and record any problems with the system in the log. This log 
shall be available for inspection by the EPA. This log shall be in lieu 
of the reporting and monitoring requirements of Sec. 52.1882(g).
    (2) The present or any subsequent owner or operator of the Naval 
Weapons Industrial Reserve Plant shall be permitted to operate its five 
boilers (1, 2, 3, 5a or 5b) in only one of the following three 
configurations at any given time:
    (i) Any two of boilers 1, 2, or 3 on; the remaining three boilers 
off.
    (ii) Boilers 5a and 5b on; boilers 1, 2, and 3 off.
    (iii) Boiler 5b and any one of boilers 1, 2, or 3 on; the remaining 
three boilers off.
    (3) In the event that the Naval Weapons Industrial Reserve Plant 
elects to comply with the alternate emission limitation and operating 
configurations in Sec. 52.1881(b)(27)(ix)(B) (1) and (2) and vents its 
boilers through stacks great on the boiler coal-feeders such that the 
combined maximum boiler design capacity is limited to 177 MMBTU/hr, all 
such action shall be taken within 30 weeks of (the effective date of 
promulgation). The Administrator must be notified in writing that all

[[Page 699]]

such action was taken within five working days of its completion.
    (x) No owner or operator of any primary zinc smelter shall cause or 
permit the emission of sulfur dioxide from the plant in excess of the 
amount prescribed by the following equation:

Y=0.564X\0.85\

where X is the total sulfur feed expressed as elemental sulfur in the 
          smelter input stream in lbs/hour and Y is the allowable sulfur 
          dioxide emission rate in lbs/hour from all stacks combined.

    (xi) Except as provided in paragraph (b)(27)(x) of this section, no 
owner or operator of any process equipment shall cause or permit the 
emission from any stack into the atmosphere of any process gas stream 
containing sulfur dioxide in excess of 2.40 pounds of sulfur dioxide per 
ton of actual process weight input.
    (8) In Sandusky County: (i) The Martin Marietta Company or any 
subsequent owner or operator of the Martin Marietta facilities in 
Sandusky County, Ohio shall not cause or permit the emission of sulfur 
dioxide from any stack in excess of 15.42 pounds of sulfur dioxide per 
ton of actual process weight input.
    (ii) [Reserved]
    (9) In Stark County, no owner or operator of the following types of 
facilities, unless otherwise specified in this paragraph, shall cause or 
permit emission of sulfur dioxide from any stack in excess of the rates 
specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and 
60.0 million BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

EL=18.48Qm-0 .4886

where Qm is the total rated capacity of heat input in million 
          BTU per hour and EL is the allowable emission rate in pounds 
          of sulfur dioxide per million BTU actual heat input.

    (ii) For fossil fuel-fired steam generating units equal to or 
greater than 60 million BTU per hour total rated capacity of heat input: 
2.50 pounds of sulfur dioxide per million BTU actual heat input.
    (iii) Republic Steel Corporation or any subsequent owner or operator 
of the Massillon facilities in Stark County, Ohio shall not cause or 
permit the emission of sulfur dioxide from any fossil fuel-fired steam 
generating unit stack at the Massillon facility in excess of 4.40 pounds 
of sulfur dioxide per million BTU actual heat input.
    (iv) The present or any subsequent owner or operator of the 
Massillon State Hospital facilities in Stark County, Ohio shall not 
cause or permit the emission of sulfur dioxide from any stack at this 
facility in excess of 5.20 pounds of sulfur dioxide per million BTU 
actual heat input.
    (v) The present or any subsequent owner or operator of the Grief 
Board Company facilities in Stark County, Ohio shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in excess 
of 0.50 pound of sulfur dioxide per million BTU actual heat input.
    (vi) The present or subsequent owner or operator of the Timken 
Company facilities in Stark County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any fossil fuel-fired steam-generating 
unit(s) stack at this facility in excess of the rates specified below:
    (A) 3.08 pounds of sulfur dioxide per million BTU actual heat input 
for the stack common to the fossil fuel-fired steam-generating units 
B001 and B002 at the Canton plant.
    (B) 0.93 pounds of sulfur dioxide per million BTU actual heat input 
for the fossil fuel-fired steam-generating unit B003 at the Canton 
plant.
    (C) 0.0 pounds of sulfur dioxide per million BTU actual heat input 
for the fossil fuel-fired steam-generating units B003 and B004 at the 
Gambrinus Plant.
    (D) 0.67 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating units at the Gambrinus Plant 
unless otherwise specified in this paragraph.
    (vii) No owner or operator of any by-product coke oven operating in 
Stark County, Ohio shall cause or permit the combustion of by-product 
coke oven gas containing a total sulfur content expressed as hydrogen 
sulfide in excess of 350 grains of hydrogen sulfide per 100 dry standard 
cubic feet of coke oven

[[Page 700]]

gas or the emission of sulfur dioxide from any stack in excess of 1.70 
pounds of sulfur dioxide per million BTU actual heat input.
    (viii) No owner or operator of any process equipment in Stark 
County, Ohio shall cause or permit the emission of sulfur dioxide from 
any stack in excess of 80.0 pounds of sulfur dioxide per ton of actual 
process weight input.
    (ix) The Ashland Oil Company, or any subsequent owner or operator of 
the Ashland Oil Company facilities in Stark County, Ohio shall not cause 
or permit sulfur dioxide emissions from any stack at this facility in 
excess of the emission limitations listed below:
    (A) 0.025 pounds of sulfur dioxide per million BTU actual heat input 
for units 4-0-B-3, 4-2-B-1, 4-2-B-2, and 4-27-B-1.
    (B) 1.00 pounds of sulfur dioxide per million BTU actual heat input 
for all process heaters and fossil fuel-fired steam-generating units 
unless otherwise specified in this paragraph.
    (C) 0.62 pounds of sulfur dioxide per 1,000 pounds of charging stack 
for catalytic cracking units.
    (D) 2.00 pounds of sulfur dioxide per 100 pounds of sulfur processed 
for sulfur recovery plants.
    (E) Only two of the following three units may be operated 
simultaneously: 4-16-B-1, 4-16-B-2, and 4-16-B-12.
    (x) The present or any subsequent owner or operator of the Hoover 
Co. in Stark County, Ohio shall not cause or permit the emission of 
sulfur dioxide in excess of 8.0 pounds of sulfur dioxide per million BTU 
actual heat input for the coal-fired boiler and 0.4 pounds of sulfur 
dioxide per million BTU actual heat input for the gas-fired boiler.
    (10) In Summit County, no owner or operator of the following types 
of facilities, unless otherwise specified in this subparagraph, shall 
cause or permit emissions of sulfur dioxide from any stack in excess of 
the rates specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and 
300 million BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

EL=17.55 Qm-0 .3933

where Qm is the total rated capacity of heat input in million 
BTU per hour and EL is the allowable emission rate in pounds of sulfur 
dioxide per million BTU actual heat input.

    (ii) For fossil fuel-fired steam generating unit(s) equal to or 
greater than 300 million BTU per hour total rated capacity of heat 
input, 1.80 pounds of sulfur dioxide per million BTU actual heat input.
    (iii) The present or any subsequent owner or operator of the Diamond 
Crystal facility in Summit County, Ohio, shall not cause or permit the 
emission of sulfur dioxide from coal-fired boilers at this facility in 
exess of 4.72 pounds of sulfur dioxide per million BTU of actual heat 
input or the emission of sulfur dioxide from oil-fired boilers at this 
facility in excess of 0.30 pound of sulfur dioxide per million BTU of 
actual heat input.
    (iv) The present or any subsequent owner or operator of the 
Kittinger Supply Co. (formerly known as Akwell Industries) facility in 
Summit County, Ohio, shall not cause or permit the emission of sulfur 
dioxide from oil-fired--oilers at this facility in excess of 0.80 pound 
of sulfur dioxide per million BTU of actual heat input or the emission 
of sulfur dioxide from coal-fired boilers at this facility in excess of 
2.38 pounds of sulfur dioxide per million BTU of actual heat input.
    (v) The present or subsequent owner or operator of the Ohio Brass 
Company facilities in Summit County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
4.20 pounds of sulfur dioxide per million BTU actual heat input.
    (vi) The present or subsequent owner or operator of the Seiberling 
Rubber Co. facilities in Summit County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in excess 
of 1.46 pounds of sulfur dioxide per million BTU actual heat input.
    (vii) The present or subsequent owner or operator of the Firestone 
Tire & Rubber Co. facilities in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of the rates specified below:

[[Page 701]]

    (A) 1.76 pounds of sulfur dioxide per million BTU of actual heat 
input from boiler 21 when oil fired and 2.87 pounds of sulfur dioxide 
per million BTU of actual heat input from boilers 22 and 23 when coal 
fired.
    (B) In lieu of meeting paragraph (59)(vii)(A) of this paragraph (b), 
the Firestone Tire and Rubber Co. may elect to comply with the alternate 
emission limitation of 2.20 pounds of sulfur dioxide per million BTU of 
actual heat input from boilers 21, 22, and 23 when all are oil fired.
    (C) Firestone Tire & Rubber Co. or any subsequent owner or operator 
of the Firestone Tire & Rubber facilities located in Summit County, 
Ohio, shall operate no more than two of the boilers, 21, 22, or 23 
simultaneously whether complying with either Sec. 52.1881 (b) (59) 
(vii) (A) or Sec. 52.1881 (b) (59) (vii) (B).
    (viii) The present or subsequent owner or operator of the B. F. 
Goodrich Co. facilities in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of the rates specified below:
    (A) 0.51 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 31.
    (B) 7.0 pounds of sulfur dioxide per million BTU actual heat input 
for coalfired Boilers 27 and 32.
    (C) The B. F. Goodrich Co. or any subsequent owner or operator of 
the B. F. Goodrich facilities in Summit County, Ohio, shall not operate 
boiler 27 simultaneously with boiler 32.
    (ix) The Goodyear Tire & Rubber Co. or any subsequent owner or 
operator of the Goodyear facilities in Summit County, Ohio, shall not 
cause or permit the emission of sulfur dioxide from any stack in excess 
of the rates specified below:
    (A) 4.47 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating unit B001 located at plant I.
    (B) 0.50 pound of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating units B002 and B003 located at 
plant I.
    (C) 160 pounds of sulfur dioxide per 1,000 pounds of sulfur 
processed, for the sulfur recovery unit(s).
    (D) for Plant II boilers:
    (1) 2.24 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boilers A and B exiting through stack 4.
    (2) 2.24 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boiler C exiting through stack 5.
    (3) 2.24 pounds of sulfur dioxide per million BTU acutal heat input 
for coal-fired boiler D exiting through stack 6.
    (E) In lieu of meeting paragraph (59)(ix)(D) of this paragraph (b), 
The Goodyear Tire and Rubber Company may elect to comply with the 
alternate emission limitations and operating conditions specified below 
for Plant II boilers, provided the General Tire and Rubber Company or 
any subsequent owner or operator of the General Tire facilities in 
Summit County, Ohio complies with Sec. 52.1881(b)(xviii)(D):
    (1) The Goodyear Tire and Rubber Company shall not cause or permit 
the emission of sulfur dioxide from any stack in excess of the rates 
specified below:
    (i) 4.64 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boilers A, B, and C exiting through stack 4.
    (ii) 4.64 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boiler D exiting through stack 6.
    (2) The Goodyear Tire and Rubber Company shall operate no more than 
three of the boilers A, B, C, or D simultaneously.
    (3) The Goodyear Tire and Rubber Company shall not operate boiler D 
simultaneously with boilers A and B.
    (x) The present or any subsequent owner or operator of the Tecumseh 
Company facilities in Summit County, Ohio shall not cause or permit 
sulfur dioxide emissions from fossil fuel-fired steam generating unit(s) 
in excess of the rates specified below:
    (A) 1.70 pounds sulfur dioxide per million BTU actual heat input for 
coal-fired units, and
    (B) 0.70 pound sulfur dioxide per million BTU actual heat input for 
oil-fired unit(s).
    (xi) The Ohio Edison or any subsequent owner or operator of the Ohio 
Edison Company's Beech Street power station in Summit County, Ohio, 
shall not cause or permit the emission of sulfur dioxide from any stack 
at the

[[Page 702]]

Beech Street plant in excess of 0.00 pounds of sulfur dioxide per 
million BTU actual heat input.
    (xii) The Ohio Edison Co. or any subsequent owner or operator of the 
Ohio Edison Co.'s Gorge plant in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at the Gorge plant 
in excess of 4.07 pounds of sulfur dioxide per million BTU actual heat 
input.
    (xiii) No owner or operator of any process equipment, unless 
otherwise specified in this paragraph, shall cause or permit the 
emission of sulfur dioxide from any stack containing sulfur dioxide in 
excess of 17.0 pounds of sulfur dioxide per ton of actual process weight 
input.
    (xiv) PPG Industries or any subsequent owner or operator of the PPG 
Industries facilities in Summit County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in excess 
of 0.00 pounds of sulfur dioxide per million BTU actual heat input for 
each coal-fired unit.
    (xv) PPG Industries, or any subsequent owner or operator of the PPG 
Industries, Inc., Columbia Cement Plant, located in Summit County, Ohio, 
shall not cause or permit the emission of sulfur dioxide from any stack 
in excess of 0.0 pounds of sulfur dioxide per ton actual process weight 
input for the kilns.
    (xvi) The present or any subsequent owner or operator of the Midwest 
Rubber Co. in Summit County, Ohio, shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess 
1.80 pounds of sulfur dioxide per million BTU actual heat input.
    (xvii) The present or any subsequent owner or operator of the Terex 
Division of General Motors Corp. in Summit County, Ohio, shall not cause 
or permit the emission of sulfur dioxide from any stack at this facility 
in excess of 0.85 pounds of sulfur dioxide per million BTU actual heat 
input.
    (xviii) The present or any subsequent owner or operator of the 
General Tire & Rubber Co. in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of the rates specified below:
    (A) 0.46 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 1 when exiting through stack S-35.
    (B) 0.46 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 2 when exiting through stack S-36.
    (C) 0.46 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 3 when exiting through stack S-37.
    (D) In lieu of meeting paragraph (59)(xviii) (A), (B), and (C) of 
this paragraph (b), The General Tire and Rubber Company may elect to 
comply with the alternate emission limitations and operating conditions 
specified below, provided the Goodyear Tire and Rubber Company or any 
owner of operator of the Goodyear Tire and Rubber Plant II facilities in 
Summit County, Ohio, complies with Sec. 52.1881(b)(ix)(E):
    (1) The General Tire and Rubber Company shall not cause or permit 
the emission of sulfur dioxide from any stack in excess 2.47 pounds of 
sulfur dioxide per million BTU actual heat input for oil-fired boilers 
1, 2, and 3 when exiting through one-175 foot stack consistent with 
section 123 of the Clean Air Act, as amended.
    (xix) The present or any subsequent owner or operator of the 
Goodyear Aerospace Co. in Summit County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at AB boilerhouse of this 
facility in excess of 1.10 pounds of sulfur dioxide per million BTU of 
actual heat input or the emission of sulfur dioxide from any stack at D 
boilerhouse of the facility in excess of 1.83 pounds of sulfur dioxide 
per million BTU of actual heat input.
    (xx) The present or any subsequent owner or operator of the B. F. 
Goodrich Chemical Co. in Summit County, Ohio, shall not cause the 
emission of sulfur dioxide from any stack at this facility in excess of 
5.22 pounds of sulfur dioxide per million BTU actual heat input.
    (xxi) The present or any subsequent owner or operator of the 
Chrysler Corp. in Summit County, Ohio, shall not cause or permit the 
emission of sulfur

[[Page 703]]

dioxide from any stack at this facility in excess of the rates specified 
below:
    (A) 0.86 pound of sulfur dioxide per million BTU actual heat input 
for boiler No. B001.
    (B) 1.19 pounds of sulfur dioxide per million BTU actual heat input 
for boilers Nos. B002 and B003.

[39 FR 13542, Apr. 15, 1974]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1881, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.1882  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 Ohio 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 Ohio'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 Ohio'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 Ohio 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 Ohio'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 Ohio'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 48372, Aug. 8, 2011]



Sec. 52.1883  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 Ohio 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 Ohio'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 Ohio's SIP revision described in 
paragraph (a) of this section, the Administrator has already

[[Page 704]]

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 48372, Aug. 8, 2011]



Sec. 52.1884  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Ohio.
    (c) All application and other information required pursuant to Sec. 
52.21 of this part from sources located or to be located in the state of 
Ohio shall be submitted to the state agency, Ohio Environmental 
Protection Agency, P.O. Box 1049, Columbus, Ohio 43216, rather than to 
EPA's Region 5 office.

[45 FR 52741, Aug. 7, 1980, and 46 FR 9584, Jan. 29, 1981; 75 FR 55276, 
Sept. 10, 2010]



Sec. 52.1885  Control strategy: Ozone.

    (a) Part D--Approval. The following portions of the Ohio plan are 
approved:
    (1) The ozone portions of rules 01, 02, 03, 04 (except the portion 
disapproved below), 05, 06, 07, 08, 09 (except the portions 
conditionally approved below) and 10 of Chapter 3745-21 of the Ohio 
Administrative Code.
    (2) The Attainment Demonstrations for the following urban areas: 
Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo and 
Youngstown.
    (3) The Reasonable Further Progress Demonstration for the following 
areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo 
and Youngstown.
    (4) The ozone nonattainment area plan for the rural nonattainment 
areas.
    (5) [Reserved]
    (6) Approval--On June 10, 1997, Ohio submitted revisions to the 
maintenance plans for the Toledo area (including Lucas and Wood 
counties), the Cleveland/Akron/Lorain area (including Lorain, Cuyahoga, 
Lake, Ashtabula, Geauga, Medina, Summit and Portage counties), and the 
Dayton-Springfield area (including Montgomery, Clark, Greene, and Miami 
counties). The revisions consist of an allocation of a portion of the 
safety margin in each area to the transportation conformity mobile 
source budget for that area. The mobile source budgets for 
transportation conformity purposes for Toledo are now: 35.85 tons per 
day of volatile organic compound emissions for the year 2005 and 35.19 
tons per day of oxides of nitrogen emissions for the year 2005. The 
mobile source budgets for transportation conformity purposes for 
Cleveland-Akron-Lorain are now: 82.7 tons per day of volatile organic 
compound emissions for the year 2006 and 104.4 tons per day of oxides of 
nitrogen emissions for the year 2006. For the Dayton-Springfield area, 
the oxides of nitrogen mobile source budget remains the same and the 
mobile source budget for volatile organic compounds is now 34.1 tons per 
day.
    (7) Approval--On October 20, 1997, Ohio submitted a revision to the 
maintenance plan for the Jefferson County area. The revision consists of 
an allocation of a portion of the safety margin in the area to the 
transportation conformity mobile source budget for that area. The mobile 
source budget for transportation conformity purposes for Jefferson 
County are now: 5.1 tons per day of volatile organic compound emissions 
for the year 2005 and 4.4 tons per day of oxides of nitrogen emissions 
for the year 2005.
    (8) Approval--On April 27, 1998, Ohio submitted a revision to remove 
the air quality triggers from the ozone maintenance plans for the 
following areas in Ohio: Canton (Stark County), Cleveland (Lorain, 
Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage Counties), 
Columbus (Franklin, Delaware and Licking Counties),

[[Page 705]]

Steubenville (Jefferson County), Toledo (Lucas and Wood Counties), 
Youngstown (Mahoning and Trumbull Counties) as well as Clinton County, 
Columbiana County, and Preble County.
    (9) Approval--On March 13, 1998, Ohio submitted a revision to the 
maintenance plan for the Columbus area. The revision consists of 
establishing a new out year for the area's emissions budget. The new out 
year emissions projections include reductions from point and area 
sources; the revision also defines new safety margins according to the 
difference between the areas 1990 baseline inventory and the out year 
projection. Additionally, the revision consists of allocating a portion 
of the Columbus area's safety margins to the transportation conformity 
mobile source emissions budget. The mobile source budgets for 
transportation conformity purposes for the Columbus area are now: 67.99 
tons per day of volatile organic compound emissions for the year 2010 
and 70.99 tons per day of oxides of nitrogen emissions for the year 
2010.
    (10) Approval--On April 27, 1998, Ohio submitted a revision to 
remove the air quality triggers from the ozone maintenance plan for the 
Dayton-Springfield, Ohio Area (Miami, Montgomery, Clark, and Greene 
Counties).
    (11) Approval--On March 18, 1999, Ohio submitted a revision to the 
maintenance plan for the Stark County (Canton) area. The revision 
consists of allocating a portion of the Stark County area's safety 
margins to the transportation conformity mobile source emissions 
budgets. The mobile source budgets for transportation conformity 
purposes for the Stark County area are now: 17.34 tons per day of 
volatile organic compound emissions for the year 2005 and 13.00 tons per 
day of oxides of nitrogen emissions for the year 2005.
    (12) Approval--On June 1, 1999, Ohio submitted a revision to the 
ozone maintenance plan for the Dayton/Springfield area. The revision 
consists of revising the point source growth estimates and allocating 
5.5 tons per day of VOCs to the transportation conformity mobile source 
emissions budget. The mobile source VOC budget for transportation 
conformity purposes for the Dayton/Springfield area is now: 39.6 tons 
per day of volatile organic compound emissions for the year 2005. The 
approval also corrects a typographical error in the maintenance plan 
point and area source numbers for 2005.
    (13) Approval--On August 19, 1999, Ohio submitted a revision to the 
ozone maintenance plan for the Columbiana County area. The revision 
consists of allocating a portion of the Columbiana County area's 
NOX safety margin to the transportation conformity mobile 
source emissions budget. The mobile source emissions budgets for 
transportation conformity purposes for the Columbiana County area are 
now: 5.65 tons per day of volatile organic compound emissions for the 
year 2005 and 5.55 tons per day of oxides of nitrogen emissions for the 
year 2005. This approval only changes the NOX transportation 
conformity emission budget for Columbiana County.
    (14) Approval-EPA is approving the 1-hour ozone maintenance plan for 
the Ohio portion of the Cincinnati-Hamilton area submitted by Ohio on 
May 20, 2005. The approved maintenance plan establishes 2015 mobile 
source budgets for the Ohio portion of the area (Butler, Clermont, 
Hamilton, and Warren Counties) for the purposes of transportation 
conformity. These budgets are 26.2 tons per day for volatile organic 
compounds and 39.5 tons per day for nitrogen oxides for the year 2015.
    (15) Approval--On May 31, 2001, Ohio submitted a revision to the 
ozone maintenance plan for the Cleveland/Akron/Lorain area. The revision 
consists of allocating a portion of the Cleveland/Akron/Lorain area's 
NOX safety margin to the transportation conformity mobile 
source emissions budget. The mobile source emissions budgets for 
transportation conformity purposes for the Cleveland/Akron/Lorain area 
are now: 92.7 tons per day of volatile organic compound emissions for 
the year 2006 and 104.4 tons per day of oxides of nitrogen emissions for 
the year 2006. This approval only changes the VOC transportation 
conformity emission budget for Cleveland/Akron/Lorain.
    (16) Approval--On April 19, 2004, Ohio submitted a revision to the 
ozone

[[Page 706]]

maintenance plan for the Cincinnati, Ohio area. The revision consists of 
allocating a portion of the area's NOX safety margin to the 
transportation conformity motor vehicle emissions budget. The motor 
vehicle emissions budget for NOX for the Cincinnati, Ohio 
area is now 62.3 tons per day for the year 2010. This approval only 
changes the NOX transportation conformity emission budget for 
Cincinnati, Ohio.
    (17) Approval--On March 1, 2005, Ohio submitted a revision to the 1-
hour ozone maintenance plan for Clinton County, Ohio. The revision 
consists of allocating a portion of the area's oxides of nitrogen 
(NOX) safety margin to the transportation conformity motor 
vehicle emissions budget. The motor vehicle emissions budget for 
NOX for the Clinton County, Ohio area is now 3.45 tons per 
day for the year 2006. This approval only changes the NOX 
transportation conformity emission budget for Clinton County, Ohio.
    (b) The maintenance plans for the following counties are approved:
    (1) Preble County.
    (2) Columbiana County.
    (3) Jefferson County.
    (4) Montgomery, Greene, Miami, and Clark Counties. This plan 
includes implementation of Stage II vapor recovery and an enhanced 
vehicle inspection and maintenance program.
    (5) Lucas and Wood Counties.
    (6) Franklin, Delaware, and Licking Counties.
    (7) Stark County.
    (8) Mahoning and Trumbull Counties.
    (9) Clinton County
    (10) Lorain, Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit, and 
Portage Counties.
    (11) Butler, Clermont, Hamilton, and Warren Counties.
    (c) Disapproval. USEPA disapproves the compliance schedule in 
revised rule 04(c)(18) of Chapter 3745-21 of the Ohio Administrative 
Code as it applies to facilities formerly covered by the compliance 
schedule in old rule 04(c)(1) of Chapter 3745-21. This disapproval in 
and of itself does not result in the growth restrictions of section 
110(a)(2)(I).
    (d) Part D--No Action. USEPA at this time takes no action on the 
vehicle inspection and maintenance (I/M) program required for those non-
attainment areas which have requested an extension to demonstrate ozone 
attainment.
    (e)-(q) [Reserved]
    (r) Approval--USEPA is approving two exemption requests submitted by 
the Ohio Environmental Protection Agency on September 20, 1993, and 
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, 
respectively, from the requirements contained in Section 182(f) of the 
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene, 
Miami, and Montgomery Counties from the requirements to implement 
reasonably available control technology (RACT) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review 
(NSR) for new sources and modifications that are major for 
NOX, and the NOX-related requirements of the 
general and transportation conformity provisions. For the Dayton ozone 
nonattainment area, the Dayton local area has opted for an enhanced 
inspection and maintenance (I/M) program. Upon final approval of this 
exemption, the Clark, Greene, Miami, and Montgomery Counties shall not 
be required to demonstrate compliance with the enhanced I/M performance 
standard for NOX. If a violation of the ozone NAAQS is 
monitored in the Toledo or Dayton area(s), the exemptions from the 
requirements of Section 182(f) of the Act in the applicable area(s) 
shall no longer apply.
    (s) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for the following ozone nonattainment areas: Toledo (Lucas and Wood 
Counties) and Dayton (Clark, Greene, Miami, and Montgomery Counties).
    (t) [Reserved]
    (u) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for the Columbus ozone nonattainment area (which includes the Counties 
of Delaware, Franklin, and Licking).
    (v) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for the Canton

[[Page 707]]

(Stark County); Cincinnati-Hamilton (Butler, Clermont, Hamilton and 
Warren Counties); Cleveland-Akron-Lorain (Ashtabula, Cuyahoga, Geauga, 
Lake, Lorain, Medina, Portage and Summit Counties); and Youngstown-
Warren-Sharon (Mahoning and Trumbull Counties) areas.
    (w) Determination--USEPA is determining that, as of May 7, 1996, the 
Cleveland-Akron-Lorain ozone nonattainment area (which includes the 
Counties of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage 
and Summit) have attained the ozone standard and that the reasonable 
further progress and attainment demonstration requirements of section 
182(b)(1) and related requirements of section 172(c)(9) of the Clean Air 
Act do not apply to the area.
    (x) Approval--EPA is approving requests submitted by the State of 
Ohio on March 18, November 1, and November 15, 1994, for exemption from 
the requirements contained in section 182(f) of the Clean Air Act. This 
approval exempts the following counties in Ohio from the NOX 
related general and transportation conformity provisions; nonattainment 
area NSR for new sources and modifications that are major for 
NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson, 
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also 
exempts the following counties in Ohio from the NOX related 
general and transportation conformity provisions; nonattainment area NSR 
for new sources and modifications that are major for NOX; 
NOX RACT; and a demonstration of compliance with the enhanced 
I/M performance standard for NOX: Ashtabula, Cuyahoga, 
Geauga, Lake, Lorain, Medina, Portage, and Summit.
    (y) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for Clinton County.
    (z) The 15 percent rate-of-progress requirement of section 182(b) of 
the Clean Air Act, as amended in 1990, is satisfied for the Ohio portion 
of the Cincinnati-Hamilton ozone nonattainment area.
    (aa) [Reserved]
    (bb) Ohio's November 7, 1996, request for a one-year attainment date 
extension for the Ohio portion of the Cincinnati-Hamilton metropolitan 
moderate ozone nonattainment area which consists of Hamilton, Butler, 
Clermont and Warren Counties is approved. The date for attaining the 
ozone standard in these counties is November 15, 1997.
    (cc) Ohio's November 14, 1997, request for a one-year attainment 
date extension for the Ohio portion of the Cincinnati-Hamilton 
metropolitan moderate ozone nonattainment area which consists of 
Hamilton, Butler, Clermont and Warren Counties is approved. The date for 
attaining the ozone standard in these counties is November 15, 1998.
    (dd) Determination--EPA is determining that, as of July 5, 2000, the 
Ohio portion of Cincinnati-Hamilton ozone nonattainment area (which 
includes the Counties of Butler, Clermont, Hamilton and Warren) has 
attained the 1-hour ozone standard and that the attainment demonstration 
requirements of section 182(b)(1), 182(j), and 172(c)(1), along with the 
section 172(c)(9) contingency measure requirements, do not apply to the 
area.
    (ee) Approval--EPA is approving an exemption from the requirements 
contained in section 182(f) of the Clean Air Act. This approval exempts 
Butler, Clermont, Hamilton, and Warren counties in Ohio from the 
NOX related general conformity provisions; the nitrogen 
oxides nonattainment NSR for new sources and modifications that are 
major for NOX; NOX RACT; and a demonstration of 
compliance with the enhanced automobile inspection and maintenance 
performance standard for NOX.
    (ff) Approval--The 8-hour ozone maintenance plans for the following 
areas have been approved:
    (1) Jefferson County, as submitted on July 31, 2006 and supplemented 
on October 3, 2006. The maintenance plan establishes 2009 motor vehicle 
emissions budgets (MVEBs) for Jefferson County of 2.63 tons per day 
(tpd) of volatile organic compounds (VOCs) and 4.10 tpd of oxides of 
nitrogen (NOX), and 2018 motor vehicle emission budgets of 
1.37 tpd of VOCs and 1.67 tpd of NOX.
    (2) Belmont County, as submitted on June 20, 2006, and supplemented 
on August 24, 2006, and December 4, 2006. The maintenance plan 
establishes 2009 MVEBs for Belmont County of 2.60 tpd

[[Page 708]]

of VOC and 4.69 tpd of NOX, and 2018 MVEBs of 1.52 tpd of 
VOCs and 1.91 tpd of NOX.
    (3) Allen County and Stark County, as submitted on June 20, 2006, 
and supplemented on August 24, 2006, and December 4, 2006. The 
maintenance plan establishes 2009 MVEBs for Allen County of 5.08 tpd of 
VOCs and 8.28 tpd of NOX, and 2018 MVEBs for Allen County of 
2.89 tpd of VOCs and 3.47 tpd of NOX. For Stark County the 
2009 MVEBs are 10.02 tpd of VOCs and 18.03 tpd of NOX, and 
the 2018 budgets are 5.37 tpd of VOC and 7.08 tpd of NOX.
    (4) Washington County, as submitted on September 22, 2006, and 
supplemented on November 17, 2006. The maintenance plan establishes 2009 
MVEBs for Washington County of 2.59 tpd of VOCs and 3.58 tpd of 
NOX, and 2018 MVEBs for Washington county of 1.67 tpd of VOCs 
and 1.76 tpd of NOX.
    (5) Mahoning, Trumbull and Columbiana Counties, as submitted on 
February 15, 2007. The maintenance plan establishes 2009 and 2018 motor 
vehicle emission budgets for Mahoning, Trumbull and Columbiana Counties. 
The 2009 motor vehicle emission budgets are 19.58 tons per day for 
volatile organic compounds (VOC) and 33.71 tons per day for oxides of 
nitrogen (NOX). For 2018 the budgets are 10.36 tons per day 
for VOC and 13.29 tons per day for NOX.
    (6) On December 22, 2006, and supplemented on March 9, 2007, the 
State of Ohio submitted a redesignation request and maintenance plan for 
the Toledo area, including Lucas and Wood Counties. The maintenance plan 
for this area establishes motor vehicle emission budgets (MVEB) for 2009 
and 2018. The 2009 MVEBs are 18.99 tons/day of Volatile Organic 
Compounds (VOC) and 33.75 tons/day for Oxides of Nitrogen 
(NOX). The 2018 MVEBs are 11.20 tons/day of VOCs and 14.11 
tons/day for NOX.
    (7) The Dayton-Springfield area which includes Clark, Greene, Miami, 
and Montgomery Counties, as submitted on November 6, 2006, and 
supplemented on November 29, 2006, December 4, 2006, December 13, 2006, 
January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007. The 
maintenance plan for this area establishes Motor Vehicle Emissions 
Budgets (MVEB) for 2005 and 2018. The 2005 MVEBs are 29.19 tpd of VOC 
and 63.88 tpd of NOX. The 2018 MVEBs are 14.73 tpd of VOCs 
and 21.42 tpd of NOX.
    (8) Approval--On March 17, 2009, the Ohio Environmental Protection 
Agency submitted a request to redesignate the Columbus 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 2012 motor vehicle emissions budgets for the Columbus area are 54.86 
tpd for VOC and 91.64 tpd for NOX. The 2020 motor vehicle 
emissions budgets for the area are 36.60 tpd for VOC and 46.61 tpd for 
NOX.
    (9) Approval--On March 17, 2009, and April 24, 2009, the Ohio 
Environmental Protection Agency submitted a request to redesignate the 
Cleveland-Akron-Lorain 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 2012 motor vehicle emissions 
budgets for the Cleveland-Akron-Lorain area are 46.64 tpd for VOC and 
95.89 tpd for NOX. The 2020 motor vehicle emissions budgets 
for the area are 31.48 tpd for VOC and 42.75 tpd for NOX.
    (10) Approval--On December 14, 2009, the Ohio Environmental 
Protection Agency submitted a request to redesignate the Ohio 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

[[Page 709]]

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.
    (11) Approval--On July 6, 2010, the Ohio Environmental Protection 
Agency submitted a request to revise the maintenance plan for the Ohio 
portion of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone area. The 
submittal revises 2015 and 2020 NOX point source emissions 
projections for Butler County.
    (12) Approval--On June 29, 2012, Ohio submitted a request to revise 
the approved MOBILE6.2 motor vehicle emission budgets (budgets) in the 
1997 8-hour ozone maintenance plan for the Ohio and Indiana portions of 
the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone area. The budgets are 
being revised with budgets developed with the MOVES2010a model. The 2015 
motor vehicle emissions budgets for the Ohio and Indiana portions are 
56.06 tpd VOC and 94.25 tpd NOX. The 2020 motor vehicle 
emissions budgets for the Ohio and Indiana portions of the area are 
42.81 tpd VOC and 73.13 tpd for NOX.
    (13) Approval--On October 30, 2012, and December 12, 2012, Ohio 
submitted a request to revise the approved MOBILE6.2 motor vehicle 
emission budgets (budgets) in the 1997 8-hour ozone maintenance plans 
for the Cleveland-Akron-Lorain and Columbus, Ohio areas. The budgets are 
being revised with budgets developed with the MOVES2010a model. The 2012 
motor vehicle emissions budgets for the Cleveland-Akron-Lorain, Ohio 
area are 81.54 tpd VOC and 189.27 tpd NOX. The 2020 motor 
vehicle emissions budgets for the Cleveland-Akron-Lorain, Ohio area are 
43.17 tpd VOC and 108.36 tpd NOX. The 2012 motor vehicle 
emissions budgets for the Columbus, Ohio area are 93.99 tpd VOC and 
188.85 tpd NOX. The 2020 motor vehicle emissions budgets for 
the Columbus, Ohio area are 50.34 tpd VOC and 99.12 tpd NOX.
    (gg) Approval--EPA is approving requests submitted by the State of 
Ohio on April 4, 2005, and supplemented on May 20, 2005, February 14, 
2006, May 9, 2006, October 6, 2006, and February 19, 2008, to 
discontinue the vehicle inspection and maintenance (I/M) program in the 
Cincinnati-Hamilton and Dayton-Springfield areas. The submittal also 
includes Ohio's demonstration that eliminating the I/M programs in the 
Cincinnati-Hamilton and Dayton-Springfield areas will not interfere with 
the attainment and maintenance of the ozone NAAQS and the fine 
particulate NAAQS and with the attainment and maintenance of other air 
quality standards and requirements of the CAA. We are further approving 
Ohio's request to modify the SIP such that I/M is no longer an active 
program in these areas and is instead a contingency measure in these 
areas' maintenance plans.
    (hh) 8-hour Emissions Inventories. (1) Approval--Ohio's 2002 
inventory satisfies the base year emissions inventory requirements of 
section 172(c)(3) of the Clean Air Act for the Columbus area under the 
1997 8-hour ozone standard.
    (2) Approval--Ohio's 2002 inventory satisfies the base year 
emissions inventory requirements of section 182(a)(1) of the Clean Air 
Act for the Cleveland-Akron-Lorain area under the 1997 8-hour ozone 
standard.
    (ii) Approval--The 15 percent Volatile Organic Compound reasonable 
further progress plan for the Cleveland-Akron-Lorain 1-hour ozone area, 
submitted by Ohio on June 15, 2007, and February 22, 2008, satisfies the 
requirements of section 182(b)(1) of the Clean Air Act.
    (3) Approval--Ohio's 2005 inventory satisfies the base year 
emissions inventory requirements of section 172(c)(3) of the Clean Air 
Act for the Ohio portion of the Cincinnati-Hamilton, OH-KY-IN area under 
the 1997 8-hour ozone standard.
    (jj) Approval--EPA is approving exemptions under section 182(f) from 
requirements for reasonably available control technology for oxides of 
nitrogen for the Cleveland-Akron-Lorain 8-hour ozone nonattainment area 
with respect to the 1997 ozone standards. This waiver was requested by 
Ohio on March 17, 2009.
    (kk) Disapproval. EPA is disapproving the coating VOC content limit 
for high performance architectural aluminum coatings contained in 
paragraph

[[Page 710]]

(U)(1)(h) of chapter 3745-21-09 of the Ohio Administrative Code.

[45 FR 72142, Oct. 31, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1885, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Notes: 1. At 78 FR 28501, May 15, 2013, Sec. 52.1885 
was amended by adding paragraph (ff)(14), effective July 15, 2013. For 
the convenience of the user, the added text is set forth as follows:



Sec. 52.1885  Control strategy: Ozone.

                                * * * * *

    (ff) * * *
    (14) Approval--On December 7, 2012, Ohio submitted a request to 
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets) 
in the 1997 8-hour ozone maintenance plan for the Canton-Massillon, Ohio 
area. The budgets are being revised with budgets developed with the 
MOVES2010a model. The 2009 motor vehicle emissions budgets for the 
Canton-Massillon, Ohio area are 19.17 tpd VOC and 28.36 tpd 
NOX. The 2018 motor vehicle emissions budgets for the Canton-
Massillon, Ohio area are 9.02 tpd VOC and 11.37 tpd NOX.

                                * * * * *

    2. At 78 FR 34906, June 11, 2013, Sec. 52.1885 was amended by 
adding paragraph (ff)(15), effective Aug. 12, 2013. For the convenience 
of the user, the added text is set forth as follows:



Sec. 52.1885  Control strategy: Ozone.

                                * * * * *

    (ff) * * *
    (15) Approval--On December 7, 2012, Ohio submitted a request to 
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets) 
in the 1997 8-hour ozone maintenance plan for the Ohio portion of the 
Wheeling area. The budgets are being revised with budgets developed with 
the MOVES2010a model. The 2009 motor vehicle emissions budgets for the 
Ohio portion of the Wheeling area are 4.70 tpd VOC and 13.30 tpd 
NOX. The 2018 motor vehicle emissions budgets for the Ohio 
portion of the Wheeling area are 2.15 tpd VOC and 5.18 tpd 
NOX.

                                * * * * *

    3. At 78 FR 34910, June 11, 2013, Sec. 52.1885 was amended by 
adding paragraph (ff)(16), effective Aug. 12, 2013. For the convenience 
of the user, the added text is set forth as follows:



Sec. 52.1885  Control strategy: Ozone.

                                * * * * *

    (ff) * * *
    (16) Approval--On January 11, 2013, Ohio submitted a request to 
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets) 
in the 1997 8-hour ozone maintenance plan for the Lima, Ohio area. The 
budgets are being revised with budgets developed with the MOVES2010a 
model. The 2009 motor vehicle emissions budgets for the Lima, Ohio area 
are 5.39 tpd VOC and 10.65 tpd NOX. The 2018 motor vehicle 
emissions budgets for the Lima, Ohio area are 2.38 tpd VOC and 6.18 tpd 
NOX.

                                * * * * *



Sec. 52.1886  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 Ohio on 
March 11, 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 Ohio on March 11, 
2011, are satisfied Sec. 52.1882.
    (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 Ohio on March 11, 
2011, are satisfied by Sec. 52.1883.

[77 FR 33658, June 7, 2012]



Sec. 52.1887  Control strategy: Carbon monoxide.

    (a) Part D--Approval--The following portions of the Ohio plan are 
approved:
    (1) The carbon monoxide portions of rules 01, 02, 03, 04 (except the 
portion disapproved in Sec. 52.1877(c)), 05, 06, 07, 08, 09 (except the 
portions conditionally approved in Sec. 52.1877(b)) and 10 of Chapter 
3745-21 of the Ohio Administrative Code.
    (2) The transportation control plans for the following urban areas: 
Akron

[[Page 711]]

(ozone component only), Canton, Cincinnati, Columbus, Dayton, 
Steubenville, Toledo (ozone component only), Cleveland.
    (3) The carbon monoxide attainment and reasonable further progress 
demonstrations for the following urban areas: Cincinnati, Cleveland, 
Columbus and Youngstown.
    (b) [Reserved]
    (c) Part D--No Action--USEPA at this time takes no action on the 
carbon monoxide portions of the plan submitted for the urban areas of 
Akron and Toledo nor on the vehicle inspection and maintenance (I/M) 
program required for those nonattainment areas which have requested an 
extension to demonstrate carbon monoxide attainment.
    (d) Disapproval--On June 9, 1982 (draft), and November 9, 1982 
(final), the State of Ohio submitted a revised demonstration that 
attempts to show attainment by December 31, 1982, of the carbon monoxide 
(CO) National Ambient Air Quality Standards (NAAQS) for the Cleveland 
urban area. Supplemental information was submitted on March 8, 1983, 
March 16, 1983, December 5, 1983, and May 9, 1985. The June 9, 1982, and 
March 8, 1983, submittals also requested that the 5-year extension for 
meeting the NAAQS requested on July 29, 1979, and granted by USEPA on 
October 31, 1980, and June 18, 1981, be rescinded for this area. The 
attainment demonstration and rescission request are disapproved by USEPA 
because they do not meet the requirements of Sec. 51.10(b).
    (e) Approval--On October 20, 2005, Ohio submitted a State 
Implementation Plan (SIP) revision of the Cuyahoga County carbon 
monoxide (CO) maintenance plan. The CO maintenance plan revision is an 
update to the current approved maintenance plan and continues to 
demonstrate maintenance of the CO National Ambient Air Quality Standard 
(NAAQS) for an additional 10 years. The maintenance plan revision is 
submitted as a limited maintenance plan for the Cuyahoga County, Ohio 
carbon monoxide area and provides an unlimited motor vehicle emissions 
budget as long as the ambient CO levels remain below the 7.65 parts per 
million design value specified as the criterion for the limited 
maintenance plan.

[45 FR 72143, Oct. 31, 1980, as amended at 45 FR 72147, Oct. 31, 1980; 
49 FR 22815, June 1, 1984; 51 FR 10391, Mar. 26, 1986; 54 FR 615, Jan. 
9, 1989; 54 FR 12621, Mar. 28, 1989; 55 FR 17752, Apr. 27, 1990; 71 FR 
31100, June 1, 2006]



Sec. 52.1888  Operating permits.

    Emission limitations and related provisions which are established in 
Ohio operating permits as federally enforceable conditions in accordance 
with Rule 3745-35-07 shall be enforceable by USEPA and by any person 
under section 304 of the Clean Air Act. USEPA reserves the right to deem 
permit conditions not federally enforceable. Such a determination will 
be made according to appropriate procedures, and will be based upon the 
permit, permit approval procedures or permit requirements which do not 
conform with the operating permit program requirements or the 
requirements of USEPA's underlying regulations.

[60 FR 55202, Oct. 30, 1995]



Sec. 52.1889  Small business stationary source technical and 
environmental compliance assistance program.

    The Ohio program, submitted as a requested revision to the Ohio 
State Implementation Plan on May 17, 1994, and May 4, 1995, satisfies 
the requirements of section 507 of the Clean Air Act.

[60 FR 42045, Aug. 15, 1995]



Sec. 52.1890  Removed control measures.

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

[[Page 712]]

    (c) On April 11, 2005, the Ohio Environmental Protection Agency 
submitted a request to revise the State's plan controlling nitrogen 
oxide emissions from stationary sources in the State. The request 
included the results of the action taken by Ohio EPA to rescind OAC 
3745-23-06, which affected emissions of oxides of nitrogen from 
combustion sources and nitric acid plants. This action was preceded by a 
negative declaration regarding nitric acid plants dated April 11, 1994, 
and rule approvals (NOX SIP Call, NSPS, budget trading 
program, etc.) affecting large fossil-fueled utility and industrial 
boilers. OAC 3745-23-06, Control of nitrogen oxide emissions from 
stationary sources, also known as AP-7-06 in its original form, is 
therefore removed from the Ohio SIP.
    (d) On August 22, 2008, Ohio requested that Ohio Administrative Code 
3745-17-05 ``Non-degradation Policy.'' be removed from the Ohio SIP. The 
rule was rescinded statewide on February 1, 2008.

[62 FR 47947, Sept. 12, 1997, as amended at 71 FR 76919, Dec. 22, 2006; 
75 FR 65572, Oct. 26, 2010]



Sec. 52.1891  Section 110(a)(2) infrastructure requirements.

    (a) Approval. In a December 5, 2007 submittal, supplemented on April 
7, 2011, Ohio 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.
    (b) Approval. In a December 5, 2007 submittal, supplemented on April 
7, 2011, Ohio 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.
    (c) Approval and Disapproval--In a September 4, 2009 submittal, 
supplemented on June 3, 2011, and July 5, 2012, Ohio certified that the 
State has satisfied the infrastructure SIP requirements of section 
110(a)(2)(A) through (H), and (J) through (M) for the 2006 24-hour 
PM2.5 NAAQS. We are not finalizing action on the visibility 
protection requirements of (D)(i)(II) or the state board requirements of 
(E)(ii). We will address these requirements in a separate action. We are 
disapproving narrow portions of Ohio's infrastructure SIP submission 
addressing the relevant prevention of significant deterioration 
requirements of the 2008 NSR Rule (identifying PM2.5 
precursors, and the regulation of PM2.5 and PM10 
condensables in permits) and the Phase 2 Rule (identification of 
NOX as a precursor to ozone) with respect to section 
110(a)(2)(C), (D)(i)(II), and (J).

[76 FR 41086, July 13, 2011, as amended at 77 FR 65488, Oct. 29, 2012]



Sec. 52.1892  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 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 to 2009, EPA determined that the Cleveland-Akron, Columbus, 
Dayton-Springfield, and Steubenville-Weirton fine particle 
(PM2.5) nonattainment areas 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 Cleveland-Akron, Columbus, 
Dayton-Springfield, and Steubenville-Weirton PM2.5 
nonattainment areas are 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-

[[Page 713]]

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).
    (d) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Parkersburg-Marietta, WV-OH 
and Wheeling, WV-OH fine particle (PM2.5) nonattainment areas 
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 areas' air quality as of the attainment date, 
whether the areas attained the standard. EPA also determined that the 
Parkersburg-Marietta, WV-OH and Wheeling, WV-OH PM2.5 
nonattainment areas are not subject to the consequences of failing to 
attain pursuant to section 179(d).

[76 FR 55544, Sept. 7, 2011, as amended at 76 FR 56643, Sept. 14, 2011; 
76 FR 60376, Sept. 29, 2011; 76 FR 75467, Dec. 1, 2011]



Sec. 52.1919  Identification of plan-conditional approval.

    (a) The plan commitments listed below were submitted on the dates 
specified.
    (1) [Reserved]
    (2) On April 20, 1994, Ohio submitted Rule 3745-35-07, entitled 
``Federally Enforceable Limitations on Potential to Emit,'' and 
requested authority to issue such limitations as conditions in State 
operating permits. On June 16, 1994, Ohio submitted a commitment to 
revise Rule 3745-35-07 to clarify that the rule provides for USEPA 
objection to permits after issuance. The revisions are approved provided 
Ohio fulfills this commitment by October 25, 1995.
    (i) Incorporation by reference.
    (A) Rule 3745-35-07, adopted April 4, 1994, effective April 20, 
1994.
    (3) Conditional Approval--On August 17, 1995, the Ohio Environmental 
Protection Agency submitted a revision to the State Implementation Plan. 
The submittal pertained to a plan for the implementation of the federal 
transportation conformity requirements at the State or local level in 
accordance with 40 CFR part 51, subpart T--Conformity to State or 
Federal Implementation Plans of Transportation Plans, Programs, and 
Projects Developed, Funded or Approved Under Title 23 U.S.C. or the 
Federal Transit Act. This conditional approval is based, in part, on the 
State's commitment, submitted in a letter on April 1, 1996, to submit 
revised transportation conformity rules to incorporate the two 
amendments to the federal transportation conformity regulations. The 
State of Ohio committed to revise its transportation conformity rules by 
November 14, 1996. If the State ultimately fails to meet its commitment 
to meet these requirements within one year of final conditional 
approval, then USEPA's action for the State's requested SIP revision 
will automatically convert to a final disapproval.
    (i) Incorporation by reference. August 1, 1995, Ohio Administrative 
Code Chapter 3745-101, effective August 21, 1995.
    (4) On March 1, 1996, Ohio submitted revisions to its Permit to 
Install rules as a revision to the State implementation plan. The 
request was supplemented on April 16, 1997, September 5, 1997, December 
4, 1997, and April 21, 1998.
    (i) Incorporation by reference.
    (A) Rule 3745-31-01 through 3745-31-20, effective September 25, 
1998.
    (b) On October 9, 2000, the Ohio Environmental Protection Agency 
submitted a revision to Ohio Administrative Code (OAC) 3745-21-09(BBB). 
The revision removed a requirement that for the agerite resin D process, 
the VOC emissions from the vapor recovery system vents and 
neutralization and distillation system vents (except wash kettle or 
still feed condenser vents, stills vacuum jet tailpipe vents, and 
process emergency safety relief devices) be vented to an emissions 
control device that is designed and operated to achieve an emissions 
control

[[Page 714]]

efficiency of at least 90 percent, by weight. In place of this deleted 
emissions control efficiency requirement, the revised paragraph now 
specifies a total annual VOC emissions limit of 1.0 ton from the 
recovery system and neutralization and distillation system vents. The 
revision lacked test procedures and record keeping requirements 
compatible with the revised emission limit. On March 1, 2010, Ohio 
submitted a commitment to revise OAC 3745-21-09(BBB) to include the 
necessary test procedures and record keeping requirements by September 
16, 2011. When EPA determines the state has met its commitment, OAC 
3745-21-09(BBB) will be incorporated by reference into the SIP.

[61 FR 24460, May 15, 1996, as amended at 61 FR 24705, May 16, 1996; 66 
FR 51572, Oct. 10, 2001; 75 FR 50712, Aug. 17, 2010; 75 FR 65572, Oct. 
26, 2010; 78 FR 19130, Mar. 29, 2013]



                           Subpart LL_Oklahoma



Sec. 52.1920  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Oklahoma under section 110 of the Clean 
Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date on or before June 
1, 2000, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section with 
EPA approval dates after June 1, 2000, will be incorporated by reference 
in the next update to the SIP compilation.
    (2) EPA Region 6 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
Implementation Plan as of June 1, 2000.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region 6 Office at 1445 Ross Avenue, Suite 700, 
Dallas, Texas, 75202-2733; Air and Radiation Docket (6102A), Room M1500, 
U.S. Environmental Protection Agency, Ariel Rios Building, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460 or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                        EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
         State citation              Title/subject       effective    EPA approval date        Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
                                   Oklahoma Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
                    Subchapter 5. Registration, Emissions Inventory and Annual Operating Fees
----------------------------------------------------------------------------------------------------------------
252:100-5-1.....................  Purpose............     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
----------------------------------------------------------------------------------------------------------------
                            Regulation 1.4. Air Resources Management Permits Required
                                  Regulation 1.4.1 General Permit Requirements
----------------------------------------------------------------------------------------------------------------
1.4.1(a)........................  Scope and purpose..     \1\ 5/19/  8/25/1983, 48 FR    Minor sources only.
                                                               1983   38635.
1.4.1(b)........................  General                  6/4/1990  7/23/1991, 56 FR    Minor sources only.
                                   requirements.                      33715.
1.4.1(c)........................  Necessity to obtain      6/4/1990  7/23/1991, 56 FR    Minor sources only.
                                   permit.                            33715.
1.4.1(d)........................  Permit fees........     \1\ 5/19/  8/25/1983, 48 FR    Minor sources only.
                                                               1983   38635.
----------------------------------------------------------------------------------------------------------------
                                            1.4.2 Construction Permit
----------------------------------------------------------------------------------------------------------------
1.4.2(a)........................  Standards required.      6/4/1990  7/23/1991, 56 FR    Minor sources only.
                                                                      33715.
1.4.2(b)........................  Stack height            6/11/1989  8/20/1990, 55 FR    Minor sources only.
                                   limitation.                        33905.
1.4.2(c)........................  Permit applications      6/4/1990  7/23/1991, 56 FR    Minor sources only.
                                                                      33715.
1.4.2(d)........................  Action on               \1\ 5/19/  8/25/1983, 48 FR    Minor sources only.
                                   applications.               1983   38635.

[[Page 715]]

 
1.4.2(e)........................  Public review......     6/11/1989  8/20/1990, 55 FR    Minor sources only.
                                                                      33905.
1.4.2(f)........................  Construction permit     \1\ 5/19/  8/25/1983, 48 FR    Minor sources only.
                                   conditions.                 1983   38635.
1.4.2(g)........................  Cancellation of      \1\ 2/6/1984  7/27/1984, 49 FR    Minor sources only.
                                   authority to                       30184.
                                   construct or
                                   modify.
1.4.2(h)........................  Relocation permits.    11/14/1990  7/23/1991, 56 FR    Minor sources only.
                                                                      33715.
----------------------------------------------------------------------------------------------------------------
                                             1.4.3 Operating Permit
----------------------------------------------------------------------------------------------------------------
1.4.3(a)........................  Requirements.......     \1\ 5/19/  8/25/1983, 48 FR    Minor sources only.
                                                               1983   38635.
1.4.3(b)........................  Permit applications     \1\ 5/19/  8/25/1983, 48 FR    Minor sources only.
                                                               1983   38635.
1.4.3(c)........................  Operating permit        \1\ 5/19/  8/25/1983, 48 FR    Minor sources only.
                                   conditions.                 1983   38635.
----------------------------------------------------------------------------------------------------------------
                        Regulation 3.8. Control of Emission of Hazardous Air Contaminants
----------------------------------------------------------------------------------------------------------------
3.8(a)..........................  Purpose............    04/19/1982  08/15/1983, 48 FR
                                                                      36819.
3.8(b)..........................  Definitions........    04/19/1982  08/15/1983, 48 FR
                                                                      36819.
3.8(c)..........................  Emission Standards     04/19/1982  08/15/1983, 48 FR
                                   for Hazardous Air                  36819.
                                   Contaminants.
----------------------------------------------------------------------------------------------------------------
                  OKLAHOMA ADMINISTRATIVE CODE, TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
                             CHAPTER 4 (OAC 252:4). RULES OF PRACTICE AND PROCEDURE
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:4-1-1.......................  Purpose and             6/11/2001  11/26/2010, 75 FR
                                   authority.                         72695.
252:4-1-2.......................  Definitions........     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-1-3.......................  Organization.......     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-1-4.......................  Office location and     6/11/2001  11/26/2010, 75 FR
                                   hours;                             72695.
                                   communications.
252:4-1-5.......................  Availability of a       6/11/2001  11/26/2010, 75 FR
                                   record.                            72695.
252:4-1-6.......................  Administrative fees     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-1-7.......................  Fee credits for         6/11/2001  11/26/2010, 75 FR
                                   regulatory fees.                   72695.
252:4-1-8.......................  Board and councils.     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-1-9.......................  Severability.......     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 3. Meetings and Public Forums
----------------------------------------------------------------------------------------------------------------
252:4-3-1.......................  Meetings...........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-3-2.......................  Public forums......     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                            Subchapter 5. Rulemaking
----------------------------------------------------------------------------------------------------------------
252:4-5-1.......................  Adoption and            6/11/2001  12/29/2008, 73 FR
                                   revocation.                        79400.
252:4-5-2.......................  Rule development...     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-5-3.......................  Petitions for           6/11/2001  12/29/2008, 73 FR
                                   rulemaking.                        79400.
252:4-5-4.......................  Notice of permanent     6/11/2001  12/29/2008, 73 FR
                                   rulemaking.                        79400.
252:4-5-5.......................  Rulemaking hearings     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-5-6.......................  Council actions....     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-5-7.......................  Presentation to         6/11/2001  12/29/2008, 73 FR
                                   Board.                             79400.
252:4-5-8.......................  Board actions......     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-5-9.......................  Rulemaking record..     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                   Subchapter 7. Environmental Permit Process
----------------------------------------------------------------------------------------------------------------
                                               PART 1. THE PROCESS
----------------------------------------------------------------------------------------------------------------
252:4-7-1.......................  Authority..........     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-7-2.......................  Preamble...........     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-7-3.......................  Compliance.........     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-7-4.......................  Filing an               6/11/2001  11/26/2010, 75 FR
                                   application,.                      72695.
252:4-7-5.......................  Fees...............     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-7-6.......................  Receipt of              6/11/2001  11/26/2010, 75 FR
                                   applications.                      72695.
252:4-7-7.......................  Administrative          6/11/2001  11/26/2010, 75 FR
                                   completeness                       72695.
                                   review.
252:4-7-8.......................  Technical review...     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-7-9.......................  When review times       6/11/2001  11/26/2010, 75 FR
                                   stop.                              72695.
252:4-7-10......................  Supplemental time..     6/11/2001  11/26/2010, 75 FR
                                                                      72695.

[[Page 716]]

 
252:4-7-11......................  Extensions.........     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:4-7-12......................  Failure to meet         6/11/2001  11/26/2010, 75 FR
                                   deadline.                          72695.
252:4-7-13......................  Notices............     6/11/2001  11/26/2010, 75 FR   NOT in SIP: Paragraph
                                                                      72695.              (e) and paragraph (f)
                                                                                          requirements for
                                                                                          permits other than
                                                                                          Part 70 permits.
252:4-7-14......................  Withdrawing             6/11/2001  11/26/2010, 75 FR
                                   applications.                      72695.
252:4-7-15......................  Permit issuance or      6/11/2001  11/26/2010, 75 FR
                                   denial.                            72695.
252:4-7-16......................  Tier II and III         6/11/2001  11/26/2010, 75 FR
                                   modifications.                     72695.
252:4-7-17......................  Permit decision-        6/11/2001  11/26/2010, 75 FR
                                   making authority.                  72695.
252:4-7-18......................  Pre-issuance permit     6/11/2001  11/26/2010, 75 FR
                                   review and                         72695.
                                   correction.
252:4-7-19......................  Consolidation of        6/11/2001  11/26/2010, 75 FR
                                   permitting process.                72695.
----------------------------------------------------------------------------------------------------------------
                                PART 3. AIR QUALITY DIVISION TIERS AND TIME LINES
----------------------------------------------------------------------------------------------------------------
252:4-7-31......................  Air quality time        6/11/2001  11/26/2010, 75 FR
                                   lines.                             72695.
252:4-7-33......................  Air quality             6/11/2001  11/26/2010, 75 FR
                                   applications--Tier                 72695.
                                   II.
252:4-7-34......................  Air quality             6/11/2001  11/26/2010, 75 FR
                                   applications--Tier                 72695.
                                   III.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 9. Administrative Proceedings
----------------------------------------------------------------------------------------------------------------
                                               PART 1. ENFORCEMENT
----------------------------------------------------------------------------------------------------------------
252:4-9-1.......................  Notice of Violation     6/11/2001  12/29/2008, 73 FR
                                   (``NOV'').                         79400.
252:4-9-2.......................  Administrative          6/11/2001  12/29/2008, 73 FR
                                   compliance orders.                 79400.
252:4-9-3.......................  Determining penalty     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-4.......................  Assessment orders..     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-5.......................  Considerations for      6/11/2001  12/29/2008, 73 FR
                                   self-reporting of                  79400.
                                   noncompliance.
----------------------------------------------------------------------------------------------------------------
                                         PART 3. INDIVIDUAL PROCEEDINGS
----------------------------------------------------------------------------------------------------------------
252:4-9-31......................  Individual              6/11/2001  12/29/2008, 73 FR
                                   proceedings filed                  79400.
                                   by DEQ.
252:4-9-32......................  Individual              6/11/2001  12/29/2008, 73 FR
                                   proceedings filed                  79400.
                                   by others.
252:4-9-33......................  Scheduling and          6/11/2001  12/29/2008, 73 FR
                                   notice of hearings.                79400.
252:4-9-34......................  Administrative Law      6/11/2001  12/29/2008, 73 FR
                                   Judges and Clerks.                 79400.
252:4-9-35......................  Service............     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-36......................  Responsive pleading     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-37......................  Prehearing              6/11/2001  12/29/2008, 73 FR
                                   conferences.                       79400.
252:4-9-38......................  Discovery..........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-39......................  Subpoenas..........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-40......................  Record.............     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-41......................  Motions............     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-42......................  Continuances.......     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-43......................  Summary judgment...     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-44......................  Default............     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-45......................  Withdrawal and          6/11/2001  12/29/2008, 73 FR
                                   dismissal.                         79400.
252:4-9-46......................  Orders in               6/11/2001  12/29/2008, 73 FR
                                   administrative                     79400.
                                   hearings.
----------------------------------------------------------------------------------------------------------------
                                  PART 5. AIR QUALITY ADVISORY COUNCIL HEARINGS
----------------------------------------------------------------------------------------------------------------
252:4-9-51......................  In general.........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-52......................  Individual              6/11/2001  12/29/2008, 73 FR
                                   proceedings.                       79400.
252:4-9-53......................  Variance...........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.

[[Page 717]]

 
252:4-9-54......................  State                   6/11/2001  12/29/2008, 73 FR   NOT in SIP: in the
                                   implementation                     79400.              first sentence, the
                                   plan hearings.                                         phrase ``under 252:100-
                                                                                          11'' and the last
                                                                                          sentence which begins
                                                                                          with ``Additional
                                                                                          requirements for a SIP
                                                                                          hearing * * *.''
----------------------------------------------------------------------------------------------------------------
                                        Appendices for OAC 252:Chapter 4
----------------------------------------------------------------------------------------------------------------
252:4, Appendix A...............  Petition for            6/11/2001  12/29/2008, 73 FR
                                   Rulemaking Before                  79400.
                                   the Environmental
                                   Quality Board.
252:4, Appendix B...............  Petition for            6/11/2001  12/29/2008, 73 FR
                                   Declaratory Ruling.                79400.
252:4, Appendix C...............  Permitting process      6/11/2001  11/26/2010, 75 FR
                                   summary.                           72695.
252:4, Appendix D...............  Style of the Case       6/11/2001  12/29/2008, 73 FR
                                   in an Individual                   79400.
                                   Proceeding.
----------------------------------------------------------------------------------------------------------------
                                CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-1-1.....................  Purpose............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-1-2.....................  Statutory              05/26/1994  11/03/1999, 64 FR
                                   definitions.                       59629.
252:100-1-3.....................  Definitions........    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
----------------------------------------------------------------------------------------------------------------
                               Subchapter 3. Air Quality Standards and Increments
----------------------------------------------------------------------------------------------------------------
252:100-3-1.....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-3-2.....................  Primary standards..     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-3-3.....................  Secondary standards     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-3-4.....................  Significant              7/1/1996  12/29/2008, 73 FR
                                   deterioration                      79400.
                                   increments.
----------------------------------------------------------------------------------------------------------------
                    Subchapter 5. Registration, Emissions Inventory and Annual Operating Fees
----------------------------------------------------------------------------------------------------------------
252:100-5-1.....................  Purpose............     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-5-1.1...................  Definitions........     6/11/2001  11/26/2010, 75 FR   NOT in SIP: Paragraph
                                                                      72695.              (D) under ``Regulated
                                                                                          air pollutants''.
252:100-5-2.....................  Registration of         6/11/2001  11/26/2010, 75 FR
                                   potential sources                  72695.
                                   of air
                                   contaminants.
252:100-5-2.1...................  Emission inventory.     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-5-2.2...................  Annual operating        6/11/2001  11/26/2010, 75 FR
                                   fees.                              72695.
252:100-5-3.....................  Confidentiality of      6/11/2001  11/26/2010, 75 FR
                                   proprietary                        72695.
                                   information.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 8. Permits for Part 70 Sources
----------------------------------------------------------------------------------------------------------------
                                           PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-8-1.....................  Purpose............     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-1.1...................  Definitions........     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-1.2...................  General information     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-1.3...................  Duty to comply.....     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-1.4...................  Cancellation or         6/11/2001  11/26/2010, 75 FR
                                   extension of a                     72695.
                                   construction
                                   permit or
                                   authorization
                                   under a general
                                   construction
                                   permit.
252:100-8-1.5...................  Stack height            6/11/2001  11/26/2010, 75 FR
                                   limitations.                       72695.
----------------------------------------------------------------------------------------------------------------

[[Page 718]]

 
                                       PART 5. PERMITS FOR PART 70 SOURCES
----------------------------------------------------------------------------------------------------------------
252:100-8-2.....................  Definitions........     6/11/2001  11/26/2010 75 FR    NOT in SIP: Paragraph
                                                                      72695.              (C) under
                                                                                          ``Insignificant
                                                                                          activities''.
252:100-8-3.....................  Applicability......     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-4.....................  Requirements for        6/11/2001  11/26/2010, 75 FR
                                   construction and                   72695.
                                   operating permits.
252:100-8-5.....................  Permit applications     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-6.....................  Permit content.....     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-6.1...................  General permits....     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-6.2...................  Temporary sources..     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-6.3...................  Special provisions      6/11/2001  11/26/2010, 75 FR
                                   for affected (acid                 72695.
                                   rain) sources.
252:100-8-7.....................  Permit issuance....     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-7.1...................  Permit renewal and      6/11/2001  11/26/2010, 75 FR
                                   expiration.                        72695.
252:100-8-7.2...................  Administrative          6/11/2001  11/26/2010 , 75 FR
                                   permit amendments                  72695.
                                   and permit
                                   modifications.
252:100-8-7.3...................  Reopening of            6/11/2001  11/26/2010, 75 FR
                                   operating permits                  72695.
                                   for cause.
252:100-8-7.4...................  Revocations of          6/11/2001  11/26/2010, 75 FR
                                   operating permits.                 72695.
252:100-8-7.5...................  Judicial review....     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-8.....................  Permit review by        6/11/2001  11/26/2010, 75 FR
                                   EPA and affected                   72695.
                                   states.
----------------------------------------------------------------------------------------------------------------
             PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS
----------------------------------------------------------------------------------------------------------------
252:100-8-30....................  Applicability......     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-31....................  Definitions........     6/11/2001  11/26/2010, 75 FR   Revisions submitted on
                                                                      72695.              June 24, 2010 are
                                                                                          approved as follows: a
                                                                                          major source that is
                                                                                          major for NOX shall be
                                                                                          considered major for
                                                                                          ozone in the
                                                                                          definition of Major
                                                                                          Stationary Source;
                                                                                          Regulated NSR
                                                                                          pollutant definition;
                                                                                          and definition of
                                                                                          Significant.
252:100-8-32....................  Source                  6/11/2001  11/26/2010, 75 FR
                                   applicability                      72695.
                                   determination.
252:100-8-33....................  Exemptions.........     6/11/2001  11/26/2010, 75 FR   The revision to OAC
                                                                      72695.              252:100-8-33(c)(E)
                                                                                          submitted on June 24,
                                                                                          2010 is approved.
252:100-8-34....................  Best available          6/11/2001  11/26/2010, 75 FR
                                   control technology.                72695.
252:100-8-35....................  Air quality impact      6/11/2001  11/26/2010, 75 FR
                                   evaluation.                        72695.
252:100-8-36....................  Source impacting        6/11/2001  11/26/2010, 75 FR
                                   Class I areas.                     72695.
252:100-8-37....................  Innovative control      6/11/2001  11/26/2010, 75 FR
                                   technology.                        72695.
----------------------------------------------------------------------------------------------------------------
                               PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS
----------------------------------------------------------------------------------------------------------------
252:100-8-50....................  Applicability......     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-51....................  Definitions........     6/11/2001  11/26/2010, 75 FR
                                                                      72695.
252:100-8-52....................  Source                  6/11/2001  11/26/2010, 75 FR   NOT in SIP: paragraph
                                   applicability                      72695.              (b)(2).
                                   determination.
252:100-8-53....................  Exemptions.........     6/11/2001  11/26/2010, 75 FR
                                                                      72695.

[[Page 719]]

 
252:100-8-54....................  Requirements for        6/11/2001  11/26/2010, 75 FR
                                   sources located in                 72695.
                                   nonattainment
                                   areas PSD or NNSR
                                   program
                                   submissions
                                   containing rule
                                   changes for PM2.5.
----------------------------------------------------------------------------------------------------------------
                                    PART 11. Visibility Protection Standards
----------------------------------------------------------------------------------------------------------------
(252:100:8-70 to 252:100:8-77)..  Visibility              6/15/2007  12/28/11, 76 FR     .......................
                                   Protection                         81728
                                   Standards.
                      Subchapter 9. Excess Emission and Malfunction Reporting Requirements
----------------------------------------------------------------------------------------------------------------
252:100-9-1.....................  Purpose............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-9-2.....................  Definitions........    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-9-3.....................  General                05/26/1994  11/03/1999, 64 FR
                                   requirements.                      59629.
252:100-9-4.....................  Maintenance            05/26/1994  11/03/1999, 64 FR
                                   procedures.                        59629.
252:100-9-5.....................  Malfunctions and       05/26/1994  11/03/1999, 64 FR
                                   releases.                          59629.
252:100-9-6.....................  Excesses resulting     05/26/1994  11/03/1999, 64 FR
                                   from engineering                   59629.
                                   limitations.
----------------------------------------------------------------------------------------------------------------
                                           Subchapter 13. Open Burning
----------------------------------------------------------------------------------------------------------------
252:100-13-1....................  Purpose............     6/12/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-13-2....................  Definitions........     6/12/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-13-5....................  Open burning            6/12/2000  12/29/2008, 73 FR
                                   prohibited.                        79400.
252:100-13-7....................  Allowed open            6/12/2000  12/29/2008, 73 FR
                                   burning.                           79400.
252:100-13-9....................  General conditions      6/12/2000  12/29/2008, 73 FR
                                   and requirements                   79400.
                                   for allowed open
                                   burning.
252:100-13-10...................  Disaster relief....     6/12/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-13-11...................  Responsibility for      6/12/2000  12/29/2008, 73 FR
                                   consequences of                    79400.
                                   open burning.
----------------------------------------------------------------------------------------------------------------
                             Subchapter 15. Motor Vehicle Pollution Control Devices
----------------------------------------------------------------------------------------------------------------
252:100-15-1....................  Purpose............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-15-2....................  Definitions........    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-15-3....................  Scope..............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-15-4....................  Prohibitions.......    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-15-5....................  Maintenance,           05/26/1994  11/03/1999, 64 FR
                                   repair, or testing.                59629.
252:100-15-6....................  Liquefied petroleum    05/26/1994  11/03/1999, 64 FR
                                   gas.                               59629.
----------------------------------------------------------------------------------------------------------------
                                           Subchapter 17. Incinerators
----------------------------------------------------------------------------------------------------------------
                                           PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-17-1....................  Purpose............     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-1.1..................  Reference to 40 CFR     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-1.2..................  Terminology related     6/25/1998  12/29/2008, 73 FR
                                   to 40 CFR.                         79400.
----------------------------------------------------------------------------------------------------------------
                                              PART 3. INCINERATORS
----------------------------------------------------------------------------------------------------------------
252:100-17-2....................  Applicability......      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
252:100-17-2.1..................  Exemptions.........     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-2.2..................  Definitions........     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-3....................  Opacity............     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-4....................  Particulate matter.     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-5....................  Incinerator design       6/1/2001  12/29/2008, 73 FR
                                   requirements.                      79400.
252:100-17-5.1..................  Alternative              6/1/2001  12/29/2008, 73 FR
                                   incinerator design                 79400.
                                   requirements.
252:100-17-7....................  Test methods.......     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                            Subchapter 19. Control of Emission of Particulate Matter
----------------------------------------------------------------------------------------------------------------
252:100-19-1....................  Purpose............      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-19-1.1..................  Definitions........      6/1/2000  12/29/2008, 73 FR
                                                                      79400.

[[Page 720]]

 
252:100-19-4....................  Allowable                6/1/2000  12/29/2008, 73 FR
                                   particulate matter                 79400.
                                   emission rates
                                   from fuel-burning
                                   units.
252:100-19-10...................  Allowable                6/1/2000  12/29/2008, 73 FR
                                   particulate matter                 79400.
                                   emission rates
                                   from indirectly
                                   fired wood fuel-
                                   burning units.
252:100-19-11...................  Allowable                6/1/2000  12/29/2008, 73 FR
                                   particulate matter                 79400.
                                   emission rates
                                   from combined wood
                                   fuel and fossil
                                   fuel fired steam
                                   generating units.
252:100-19-12...................  Allowable                6/1/2000  12/29/2008, 73 FR
                                   particulate matter                 79400.
                                   emission rates
                                   from directly
                                   fired fuel-burning
                                   units and
                                   industrial
                                   processes.
252:100-19-13...................  Permit by rule.....      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                              Subchapter 23. Control of Emissions from Cotton Gins
----------------------------------------------------------------------------------------------------------------
252:100-23-1....................  Purpose............      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-23-2....................  Definitions........      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-23-3....................  Applicability,           6/1/2000  12/29/2008, 73 FR   NOT in SIP: paragraph
                                   general                            79400.              (b)(2).
                                   requirements.
252:100-23-4....................  Visible emissions        6/1/1999  12/29/2008, 73 FR
                                   (opacity) and                      79400.
                                   particulates.
252:100-23-5....................  Emission control         6/1/1999  12/29/2008, 73 FR
                                   equipment.                         79400.
252:100-23-6....................  Fugitive dust            6/1/1999  12/29/2008, 73 FR
                                   controls.                          79400.
252:100-23-7....................  Permit by rule.....      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                 Subchapter 24. Particulate Matter Emissions from Grain, Feed or Seed Operations
----------------------------------------------------------------------------------------------------------------
252:100-24-1....................  Purpose............      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-24-2....................  Definitions........      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-24-3....................  Applicability,           6/1/2000  12/29/2008, 73 FR   NOT in SIP: paragraph
                                   general                            79400.              (b)(2).
                                   requirements.
252:100-24-4....................  Visible emissions        6/1/1999  12/29/2008, 73 FR
                                   (opacity) limit.                   79400.
252:100-24-5....................  Certification......      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-24-6....................  Fugitive dust            6/1/1999  12/29/2008, 73 FR
                                   controls.                          79400.
252:100-24-7....................  Permit by rule.....      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                Subchapter 25. Visible Emissions and Particulates
----------------------------------------------------------------------------------------------------------------
252:100-25-1....................  Purpose............      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-25-2....................  General prohibition      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-25-2.1..................  Definitions........      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-25-3....................  Opacity Limit......      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-25-4....................  Alternative for          6/1/1999  12/29/2008, 73 FR
                                   particulates.                      79400.
252:100-25-5....................  Continuous emission      6/1/1999  12/29/2008, 73 FR
                                   monitoring for                     79400.
                                   opacity.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter 29. Control of Fugitive Dust
----------------------------------------------------------------------------------------------------------------
252:100-29-l....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-29-2....................  General provisions.      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
252:100-29-3....................  Precautions              6/1/2001  12/29/2008, 73 FR
                                   required in                        79400.
                                   maintenance or
                                   nonattainment
                                   areas.
252:100-29-4....................  Exception for           5/26/1994  11/3/1999, 64 FR
                                   agricultural                       59629.
                                   purposes.
----------------------------------------------------------------------------------------------------------------
                             Subchapter 31. Control of Emission of Sulfur Compounds
----------------------------------------------------------------------------------------------------------------
                                           PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-31-1....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-31-2....................  Definitions........     5/26/1994  11/3/1999, 64 FR
                                                                      59629.

[[Page 721]]

 
252:100-31-3....................  Performance testing     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
----------------------------------------------------------------------------------------------------------------
                                      PART 3. EXISTING EQUIPMENT STANDARDS
----------------------------------------------------------------------------------------------------------------
252:100-31-12...................  Sulfur oxides......     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-31-13...................  Sulfuric acid mist.     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-31-14...................  Hydrogen sulfide...     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-31-15...................  Total reduced           5/26/1994  11/3/1999, 64 FR
                                   sulfur.                            59629.
----------------------------------------------------------------------------------------------------------------
                                         PART 5. NEW EQUIPMENT STANDARDS
----------------------------------------------------------------------------------------------------------------
252:100-31-25...................  Sulfur oxides......      7/1/1995  12/29/2008, 73 FR
                                                                      79400.
252:100-31-26...................  Hydrogen sulfide...     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
----------------------------------------------------------------------------------------------------------------
                              Subchapter 33. Control of Emission of Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
252:100-33-l....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-33-1.1..................  Definitions........      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
252:100-33-1.2..................  Applicability......      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
252:100-33-2....................  Emission limits....      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                              Subchapter 35. Control of Emission of Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
252:100-35-1....................  Purpose............      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-35-1.1..................  Definitions........      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-35-2....................  Emission limits....      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                             Subchapter 37. Control of Emission of Organic Materials
----------------------------------------------------------------------------------------------------------------
                                           PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-37-1....................  Purpose............     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-2....................  Definitions........     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-3....................  Applicability and       6/11/1999  12/29/2008, 73 FR
                                   compliance.                        79400.
252:100-37-4....................  Exemptions.........     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-5....................  Operation and           6/11/1999  12/29/2008, 73 FR
                                   maintenance.                       79400.
----------------------------------------------------------------------------------------------------------------
                            PART 3. CONTROL OF VOCs IN STORAGE AND LOADING OPERATIONS
----------------------------------------------------------------------------------------------------------------
252:100-37-15...................  Storage of VOCs....     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-16...................  Loading of VOCs....     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                  PART 5. CONTROL OF VOCs IN COATING OPERATIONS
----------------------------------------------------------------------------------------------------------------
252:100-37-25...................  Coating of parts        6/11/1999  12/29/2008, 73 FR
                                   and products.                      79400.
252:100-37-26...................  Clean up with VOCs.     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                      PART 7. CONTROL OF SPECIFIC PROCESSES
----------------------------------------------------------------------------------------------------------------
252:100-37-35...................  Waste gas disposal.     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-36...................  Fuel-burning and        6/11/1999  12/29/2008, 73 FR
                                   refuse-burning                     79400.
                                   equipment.
252:100-37-37...................  Effluent water          6/11/1999  12/29/2008, 73 FR
                                   separators.                        79400.
252:100-37-38...................  Pumps and               6/11/1999  12/29/2008, 73 FR
                                   compressors.                       79400.
----------------------------------------------------------------------------------------------------------------
                          PART 9. PERMIT BY RULE FOR VOC STORAGE AND LEADING FACILITIES
----------------------------------------------------------------------------------------------------------------
252:100-37-41...................  Applicability......     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-42...................  Permit-by-rule          6/11/1999  12/29/2008, 73 FR
                                   requirements.                      79400.
----------------------------------------------------------------------------------------------------------------
                       Subchapter 39. Emission of Organic Materials in Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
                                           PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-39-1....................  Purpose............     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-39-2....................  Definitions........     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-39-3....................  General                 6/11/1999  12/29/2008, 73 FR
                                   applicability.                     79400.
252:100-39-4....................  Exemptions.........     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------

[[Page 722]]

 
                                      PART 3. PETROLEUM REFINERY OPERATIONS
----------------------------------------------------------------------------------------------------------------
252:100-39-15...................  Petroleum refinery      6/11/1999  12/29/2008, 73 FR
                                   equipment leaks.                   79400.
252:100-39-16...................  Petroleum refinery      6/11/1999  12/29/2008, 73 FR
                                   process unit                       79400.
                                   turnaround.
252:100-39-17...................  Petroleum refinery      6/11/1999  12/29/2008, 73 FR
                                   vacuum producing                   79400.
                                   system.
252:100-39-18...................  Petroleum refinery      6/11/1999  12/29/2008, 73 FR
                                   effluent water                     79400.
                                   separators.
----------------------------------------------------------------------------------------------------------------
                                    PART 5. PETROLEUM PROCESSING AND STORAGE
----------------------------------------------------------------------------------------------------------------
252:100-39-30...................  Petroleum liquid        6/11/1999  12/29/2008, 73 FR
                                   storage in vessels                 79400.
                                   with external
                                   floating roofs.
----------------------------------------------------------------------------------------------------------------
                                           PART 7. SPECIFIC OPERATIONS
----------------------------------------------------------------------------------------------------------------
252:100-39-40...................  Cutback asphalt         6/11/1999  12/29/2008, 73 FR
                                   (paving).                          79400.
252:100-39-41...................  Storage, loading        6/11/1999  12/29/2008, 73 FR
                                   and transport/                     79400.
                                   delivery of VOCs.
252:100-39-42...................  Metal cleaning.....     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-39-43...................  Graphic arts            6/11/1999  12/29/2008, 73 FR
                                   systems.                           79400.
252:100-39-44...................  Manufacture of          6/11/1999  12/29/2008, 73 FR
                                   pneumatic rubber                   79400.
                                   tires.
252:100-39-45...................  Petroleum (solvent)     6/11/1999  12/29/2008, 73 FR
                                   dry cleaning.                      79400.
252:100-39-46...................  Coating of parts        6/11/1999  12/29/2008, 73 FR
                                   and products.                      79400.
252:100-39-47...................  Control of VOC          6/11/1999  12/29/2008, 73 FR
                                   emissions from                     79400.
                                   aerospace
                                   industries
                                   coatings
                                   operations.
252:100-39-49...................  Manufacturing of        6/11/1999  12/29/2008, 73 FR
                                   fiberglass                         79400.
                                   reinforced plastic
                                   products.
----------------------------------------------------------------------------------------------------------------
                                   Subchapter 43. Sampling and Testing Methods
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-43-1....................  Purpose............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-43-2....................  Test procedures....    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-43-3....................  Conduct of tests...    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
----------------------------------------------------------------------------------------------------------------
                                            Part 3. Specific Methods
----------------------------------------------------------------------------------------------------------------
252:100-43-15...................  Gasoline vapor leak    05/26/1994  11/03/1999, 64 FR
                                   detection                          59629.
                                   procedure by
                                   combustible gas
                                   detector.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter 45. Monitoring of Emissions
----------------------------------------------------------------------------------------------------------------
252:100-45-1....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-45-2....................  Monitoring              5/26/1994  11/3/1999, 64 FR
                                   equipment required.                59629.
252:100-45-3....................  Records required...     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-45-4....................  Compliance               7/1/1995  12/29/2008, 73 FR
                                   certifications.                    79400.
252:100-45-5....................  Enforceability.....      7/1/1995  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                       Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------
252:100, Appendix A.............  Allowable Emissions     6/25/1998  12/29/2008, 73 FR
                                   for Incinerators                   79400.
                                   with Capacities of
                                   100/lbs/hr or
                                   Greater.

[[Page 723]]

 
252:100, Appendix B.............  Allowable Emissions     6/25/1998  12/29/2008, 73 FR
                                   for Incinerators                   79400.
                                   with Capacities
                                   less than 100 lbs/
                                   hr.
252:100, Appendix C.............  Allowable Rate of        6/1/2001  12/29/2008, 73 FR
                                   Emissions for                      79400.
                                   Indirectly Fired
                                   Fuel-Burning Units.
252:100, Appendix D.............  Allowable Rate of        6/1/2000  12/29/2008, 73 FR
                                   Emissions for                      79400.
                                   Indirectly Fired
                                   Wood Fuel-Burning
                                   Units.
252:100, Appendix E.............  Primary Ambient Air      6/1/1999  12/29/2008, 73 FR
                                   Quality Standards.                 79400.
252:100, Appendix F.............  Secondary Ambient        6/1/1999  12/29/2008, 73 FR
                                   Air Quality                        79400.
                                   Standards.
252:100, Appendix G.............  Allowable Rate of       5/26/1994  11/30/1999, 64 FR
                                   Emissions.                         59629.
252:100, Appendix L.............  PM-10 Emission           6/1/1999  12/29/2008, 73 FR
                                   Factors for Permit                 79400.
                                   by Rule for Grain
                                   Elevators.
----------------------------------------------------------------------------------------------------------------
  Oklahoma Administrative Code, Title 595. Department of Public Safety, Chapter 20 (OAC 595:20). Inspection and
                                          Equipment for Motor Vehicles
----------------------------------------------------------------------------------------------------------------
                          Subchapter 3. Emission and Mechanical Inspection of Vehicles
----------------------------------------------------------------------------------------------------------------
595:20-3-1......................  General                05/26/1994  02/29/1996, 61 FR   Subsection (2) only.
                                   instructions.                      7709.
595:20-3-3......................  When emission anti-     5/26/1994  02/29/1996, 61 FR
                                   tampering                          7709.
                                   inspection
                                   required where
                                   population less
                                   than 500,000.
595:20-3-5......................  Emission inspection    05/26/1994  02/29/1996, 61 FR
                                   areas.                             7709.
595:20-3-6......................  Documentation for      05/26/1994  02/29/1996 61 FR
                                   every inspection.                  7709.
595:20-3-12.....................  Inspection required    05/26/1994  02/29/1996 61 FR
                                   each year.                         7709.
595:20-3-25.....................  Motorcycle or motor-   05/26/1994  02/29/1996 61 FR
                                   driven cycles                      7709.
                                   (Class ``B'').
595:20-3-26.....................  Trailer and            05/26/1994  02/29/1996 61 FR
                                   semitrailer                        7709.
                                   trucks, (Class
                                   ``C'').
595:20-3-27.....................  School Buses (Class    05/26/1994  02/29/1996 61 FR
                                   ``D'').                            7709.
595:20-3-41.....................  Supervisory            05/26/1994  02/29/1996 61 FR    Subsection (o) only.
                                   responsibility of                  7709.
                                   inspection station
                                   owners and
                                   operators.
595:20-3-42.....................  Responsibility for     05/26/1994  02/29/1996 61 FR
                                   signs, forms, etc.                 7709.
595:20-3-46.....................  Security measures..    05/26/1994  02/29/1996 61 FR    Subsections (a) and (b)
                                                                      7709.               only.
595:20-3-61.....................  Refund of unused       05/26/1994  02/29/1996 61 FR    Subsections (a), (b),
                                   stickers.                          7709.               (e), and (f) only.
595:20-3-63.....................  Rejected vehicles..    05/26/1994  02/29/1996 61 FR    Subsections (b) and (g)
                                                                      7709.               only.
----------------------------------------------------------------------------------------------------------------
         Subchapter 7. Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/Motorcycle
----------------------------------------------------------------------------------------------------------------
595:20-7-1......................  General............    05/26/1994  02/29/1996 61 FR    Subsections (c) and (f)
                                                                      7709.               only.
595:20-7-2......................  Inspection             05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   certificate.                       7709.
595:20-7-3......................  Rejection receipt--    05/26/1994  02/29/1996 61 FR
                                   Form VID 44.                       7709.
595:20-7-4......................  Station monthly        05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   report--Form VID                   7709.
                                   21.
595:20-7-5......................  Signature card--       05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   Form VID 17.                       7709.
595:20-7-6......................  Request for            05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   inspection                         7709.
                                   stickers--Form VID
                                   19.

[[Page 724]]

 
595:20-7-7......................  Request for refund--   05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   Form VID 25.                       7709.
----------------------------------------------------------------------------------------------------------------
              Subchapter 9. Class AE Inspection Station, Vehicle Emission Anti-Tampering Inspection
----------------------------------------------------------------------------------------------------------------
595:20-9-1......................  General............    05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                                                      7709.
595:20-9-3......................  Vehicle emission       05/26/1994  02/29/1996 61 FR    Subsections (l) and (m)
                                   inspection.                        7709.               only.
595:20-9-7......................  Catalytic Converter    05/26/1994  02/29/1996, 61 FR
                                   System (C.A.T.).                   7709.
595:20-9-10.....................  Evaporative            05/26/1994  02/29/1996, 61 FR   Subsections (a), (b),
                                   emission control                   7709.               and (c) only.
                                   system (E.N.P.).
595:20-9-11.....................  Air injection          05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   system (A.I.S. or                  7709.
                                   A.I.R.).
595:20-9-12.....................  Positive crankcase     05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   ventilation system                 7709.
                                   (P.C.V. Valve).
595:20-9-13.....................  Oxygen sensor......    05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                                                      7709.
595:20-9-14.....................  Thermostatic air       05/26/1994  02/29/1996, 61 FR   Subsections (a) and (b)
                                   intake system                      7709.               only.
                                   (T.A.C.).
595:20-9-15.....................  Exhaust gas            05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   recirculation                      7709.
                                   system (E.G.R.).
----------------------------------------------------------------------------------------------------------------
    Subchapter 11. Annual Motor Vehicle Inspection and Emission Anti-Tampering Inspection Records and Reports
----------------------------------------------------------------------------------------------------------------
595:20-11-1.....................  General............    05/26/1994  02/29/1996, 61 FR
                                                                      7709.
595:20-11-2.....................  Inspection             05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   certificate--VEC-1.                7709.
595:20-11-3.....................  Rejection              05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   certificate--VIID-                 7709.
                                   44.
595:20-11-4.....................  Appeal procedure...    05/26/1994  02/29/1996, 61 FR
                                                                      7709 .
----------------------------------------------------------------------------------------------------------------
\1\ Submitted.

    (d) EPA approved state source-specific requirements.

                               EPA Approved Oklahoma Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                       State
        Name of source              Permit No.       submittal   EPA approval date           Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
General Motors, Oklahoma City:  .................    03/28/1977  12/20/1977, 42 FR  Ref: 52.1960(c)(10).
 Addendum I to Chapter 4,                                         63781.
 Emissions Offset Agreement
 for Permit Application.
McAlester Army Ammunition       Variance.........    09/21/1979  05/26/1981, 46 FR  Ref: 52.1960(c)(21).
 Plant McAlester, OK.                                             28159.
Mesa Petroleum Company........  Variance.........    02/06/1984  07/27/1984, 49 FR  Ref: 52.1960(c)(31).
                                                                  30184.
Rockwell International, Tulsa.  Alternate RACT...    03/09/1990  06/12/1990, 55 FR  Ref: 52.1960(c)(36).
                                                                  23730.
McDonald Douglas, Tulsa.......  Alternate RACT...    03/09/1990  06/12/1990, 55 FR  Ref: 52.1960(c)(36).
                                                                  23730.
American Airlines, Tulsa......  Alternate RACT...    03/09/1990  06/12/1990, 55 FR  Ref: 52.1960(c)(36).
                                                                  23730.
Nordam Lansing Street           Alternate RACT...    03/09/1990  06/12/1990, 55 FR  Ref: 52.1960(c)(36).
 facility, Tulsa.                                                 23730.
Conoco Refinery, Ponca City...  88-116-C.........    11/07/1989  03/06/1992, 57 FR  Ref: 52.1960(c)(42).
                                                                  08077.
Conoco Refinery, Ponca City...  88-117-O.........    11/07/1989  03/06/1992, 57 FR  Ref: 52.1960(c)(42).
                                                                  08077.
----------------------------------------------------------------------------------------------------------------

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

[[Page 725]]



             EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
                                    Applicable
                                  geographic or        State
     Name of SIP provision        nonattainment      submittal   EPA approval date           Explanation
                                       area            date
----------------------------------------------------------------------------------------------------------------
Chapter 1, Abstract...........  Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
                                                                  12696.
Chapter 2, Description of       Statewide........    01/28/1972  05/31/1972, 37 FR  Ref: 52.1960(b).
 Regions.                                                         10842.
Chapter 3, Legal Authority....  Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
                                                                  12696.
Chapter 4, Control Strategy...  Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
                                                                  12696.
A. Part D Requirements........  Nonattainment        04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
                                 areas.                           09733.
B. Photochemical Oxidants       Statewide........    04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
 (Ozone).                                                         09733.
C. Carbon Monoxide............  Statewide........    04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
                                                                  09733.
D. Total Suspended              Statewide........    04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
 Particulates.                                                    09733.
E. Public notification........  Statewide........    04/02/1979  05/14/1982, 47 FR  Ref: 52.1960(c)(17).
                                                                  20771.
F. Lead SIP...................  Statewide........    03/05/1980  04/16/1982, 47 FR  Ref: 52.1960(c)(18).
                                                                  16328.
G. PM10 SIP...................  Statewide........    08/22/1989  02/12/1991, 56 FR  Ref: 52.1960(c)(38).
                                                                  05653.
H. Tulsa County Ozone Plan....  Tulsa County.....    02/20/1985  01/31/1991, 56 FR  Ref: 52.1960(c)(39).
                                                                  03777.
I. Oklahoma County Carbon       Oklahoma County..    10/17/1985  08/08/1991, 56 FR  Ref: 52.1960(c)(40).
 Monoxide Plan.                                                   37651.
J. Central Oklahoma EAC area 8- Canadian,            12/22/2004  8/16/2005, 70 FR
 hour ozone standard             Cleveland,                       48078.
 attainment demonstration,       Grady, Lincoln,
 Emission Reduction              Logan, McClain,
 Strategies, Clean Air Plan,     and Oklahoma
 and Memorandum of Agreement     Counties.
 between the ODEQ and ACOG
 defining duties and
 responsibilities of each
 party for implementation of
 the Central Oklahoma EAC area
 Emission Reduction Strategies.
K. Tulsa EAC Area 8-hour ozone  Tulsa County and     12/22/2004  8/19/2005, 70 FR
 standard attainment             portions of                      48645.
 demonstration, Clean Air        Creek, Osage,
 Plan, Transportation Emission   Rogers and
 Reduction Strategies, and       Wagoner Counties.
 Memorandum of Agreement
 between the ODEQ and INCOG
 defining duties and
 responsibilities of each
 party for implementation of
 the Tulsa Area Transportation
 Emission Reduction Strategies.
Chapter 5, Compliance           Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
 Schedules.                                                       12696.
Chapter 6, Emergency Episode    Statewide........    08/22/1989  02/12/1991, 56 FR  Ref: 52.1960(c)(38).
 Control Plan.                                                    05653.
Chapter 7, Atmospheric          Statewide........    03/07/1980  08/06/1981, 46 FR  Ref: 52.1960(c)(22).
 Surveillance System.                                             40005.
Chapter 8, Source Surveillance  Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
 System.                                                          12696.
Chapter 9, Resources..........  Statewide........    04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
                                                                  09733.
Chapter 10, Intergovernmental   Statewide........    04/02/1979  05/14/1982, 47 FR  Ref: 52.1960(c)(17).
 Cooperation.                                                     20771.

[[Page 726]]

 
Small Business Assistance       Statewide........    11/19/1992  06/23/1994, 59 FR  Ref: 52.1960(c)(45).
 Program.                                                         32365.
Oklahoma Vehicle Anti-          Statewide........    05/16/1994  02/29/1996, 61 FR  Ref: 52.1960(c)(46).
 Tampering Program.                                               07709.
Oklahoma Visibility Protection  Statewide........    06/08/1990  11/08/1999, 64 FR  Ref: 52.1960(c)(49).
 Plan.                                                            60683.
Interstate transport for the    Statewide........      5/1/2007  11/26/2010, 75 FR  Noninterference with
 1997 ozone and PM2.5 NAAQS                                       72701 12/28/11,    measures required to
 (Noninterference with                                            76 FR 81728.       prevent significant
 measures required to prevent                                                        deterioration of air
 significant deterioration of                                                        quality in any other State
 air quality or to protect                                                           approved 11/26/2010.
 visibility in any other                                                             Noninterference with
 State).                                                                             measures required to
                                                                                     protect visibility in any
                                                                                     other State partially
                                                                                     approved 12/28/11.
Regional haze SIP:............  Statewide........     2/17/2010  12/28/11, 76 FR    Core requirements of 40 CFR
(a) Determination of baseline                                     81392.             51.308
 and natural visibility
 conditions.
(b) Coordinating regional haze
 and reasonably attributable
 visibility impairment.
(c) Monitoring strategy and
 other implementation
 requirements.
(d) Coordination with States
 and Federal Land Managers.
(e) BART determinations except
 for the following SO2 BART
 determinations: Units 4 and 5
 of the Oklahoma Gas and
 Electric (OG&E) Muskogee
 plant; Units 1 and 2 of the
 OG&E Sooner plant; and Units
 3 and 4 of the American
 Electric Power/Public Service
 Company of Oklahoma (AEP/PSO)
 Northeastern plant.
Interstate transport for the    Statewide........      5/1/2007  12/29/11, 76 FR
 1997 ozone NAAQS (contribute                                     81837.
 to nonattainment).
Interstate transport for the    Statewide........      5/1/2007  12/29/11, 76 FR
 1997 PM2.5 NAAQS (contribute                                     81837.
 to nonattainment or interfere
 with maintenance).
Interstate transport for the    Statewide........      4/5/2011  12/29/11, 76 FR
 2006 PM2.5 NAAQS (contribute                                     81837.
 to nonattainment or interfere
 with maintenance).
Infrastructure for the 1997     Statewide........     12/5/2007  1/26/2012, 77 FR   Approval for 110(a)(2)(A),
 Ozone and the 1997 and 2006                          6/24/2010   3933.              (B), (C), (D)(ii), (E),
 PM2.5 NAAQS.                                          4/5/2011                      (F), (G), (H), (J), (K),
                                                                                     (L), and (M).

[[Page 727]]

 
Interstate transport for the    Statewide........      4/5/2011  1/26/2012, 77 FR   Approval for
 2006 PM2.5 NAAQS                                                 3933.              110(a)(2)(D)(i)(II).
 (Noninterference with
 measures required to prevent
 significant deterioration of
 air quality in any other
 State).
----------------------------------------------------------------------------------------------------------------


                                    EPA Approved Statutes in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
                                                           State
         State citation              Title/subject       effective         EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
                     1992 Oklahoma Clean Air Act (63 O.S.A. 1992, Sections 1-1801 to 1-1819)
----------------------------------------------------------------------------------------------------------------
Section 1-1801..................  Citation...........    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1802..................  Purpose............    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1803..................  Municipal              05/15/1992  06/23/1994, 59 FR 32365......
                                   Regulations.
Section 1-1804.1................  Definitions........    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1805.1................  Administrative         05/15/1992  06/23/1994, 59 FR 32365......
                                   Agency Powers.
Section 1-1806.1................  Adoption of Rules..    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1807.1................  Air Quality Council    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1808.1................  Powers and Duties      05/15/1992  06/23/1994, 59 FR 32365......
                                   of the Air Quality
                                   Council.
Section 1-1809..................  Chief of Air           05/15/1992  06/23/1994, 59 FR 32365......
                                   Quality Council/
                                   Citizen Complaints.
Section 1-1810..................  Variances..........    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1811..................  Compliance Orders..    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1812..................  Field Citation         05/15/1992  06/23/1994, 59 FR 32365......
                                   Program/
                                   Administrative
                                   Penalties.
Section 1-1813..................  Permitting Program.    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1814..................  Fees...............    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1815..................  Emission Standards/    05/15/1992  06/23/1994, 59 FR 32365......
                                   Toxic Air
                                   Contaminant
                                   Emissions/Oil and
                                   Gas Emissions.
Section 1-1816..................  Small Business         05/15/1992  06/23/1994, 59 FR 32365......
                                   Assistance Program.
Section 1-1817..................  Criminal Penalties.    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1818..................  Civil Action.......    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1819..................  Keeping Certain        05/15/1992  06/23/1994, 59 FR 32365......
                                   Rules and
                                   Enforcement
                                   Actions Effective.
----------------------------------------------------------------------------------------------------------------
                     1992 Oklahoma Environmental Quality Act (27A O.S.A., Sections 1 to 12)
----------------------------------------------------------------------------------------------------------------
Section 1.......................  Citation...........    06/12/1992  06/23/1994, 59 FR 32365......
Section 2.......................  Purpose............    06/12/1992  06/23/1994, 59 FR 32365......
Section 3.......................  Definitions........    06/12/1992  06/23/1994, 59 FR 32365......
Section 4.......................  Transition.........    06/12/1992  06/23/1994, 59 FR 32365......
Section 5.......................  Pollution Control      06/12/1992  06/23/1994, 59 FR 32365......
                                   Coordinating Board
                                   and Department of
                                   Pollution Control.
Section 6.......................  Jurisdictional         06/12/1992  06/23/1994, 59 FR 32365......
                                   Areas of
                                   Environmental
                                   Responsibility.
Section 7.......................  Environmental          06/12/1992  06/23/1994, 59 FR 32365......
                                   Quality Board.
Section 8.......................  Executive Director.    06/12/1992  06/23/1994, 59 FR 32365......
Section 9.......................  Department of          06/12/1992  06/23/1994, 59 FR 32365......
                                   Environmental
                                   Quality.
Section 10......................  Advisory Councils..    06/12/1992  06/23/1994, 59 FR 32365......
Section 11......................  Time Periods for       06/12/1992  06/23/1994, 59 FR 32365......
                                   Certain Permits
                                   and Complaints.
Section 12......................  Resolution.........    06/12/1992  06/23/1994, 59 FR 32365......
----------------------------------------------------------------------------------------------------------------


[65 FR 47328, Aug. 2, 2000; 65 FR 52476, 52477, Aug. 29, 2000, as 
amended at 70 FR 48080, Aug. 16, 2005; 70 FR 48647, Aug. 19, 2005; 70 FR 
53275, Sept. 7, 2005; 73 FR 79404, Dec. 29, 2008; 75 FR 72701, Nov. 26, 
2010; 76 FR 81757, Dec. 28, 2011; 76 FR 81839, Dec. 29, 2011; 77 FR 
3934, Jan. 26, 2012]

[[Page 728]]



Sec. 52.1921  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Central Oklahoma Intrastate...............................           I        III       III       III          I
Northeastern Oklahoma Intrastate..........................           I        III       III       III          I
Southeastern Oklahoma Intrastate..........................         III        III       III       III        III
North Central Oklahoma Intrastate.........................         III        III       III       III        III
Southwestern Oklahoma Intrastate..........................         III        III       III       III        III
Northwestern Oklahoma Intrastate..........................         III        III       III       III        III
Metropolitan Fort Smith Interstate........................          II        III       III       III        III
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10887, May 31, 1972, as amended at 45 FR 9741, Feb. 13, 1980]



Sec. 52.1922  Approval status.

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

[45 FR 9741, Feb. 13, 1980, as amended at 61 FR 16062, Apr. 11, 1996]



Sec. 52.1923  Best Available Retrofit Requirements (BART) for SO2 and 
Interstate pollutant transport provisions; What are the FIP requirements 

for Units 4 and 5 of the Oklahoma Gas and Electric Muskogee plant; Units 
1 and 2 of the Oklahoma Gas and Electric Sooner plant; and Units 3 and
4 of the American Electric Power/Public Service Company of Oklahoma
Northeastern plant affecting visibility?

    (a) Applicability. The provisions of this section shall apply to 
each owner or operator, or successive owners or operators, of the coal 
burning equipment designated as: Units 4 or 5 of the Oklahoma Gas and 
Electric Muskogee plant; Units 1 or 2 of the Oklahoma Gas and Electric 
Sooner plant; and Units 3 or 4 of the American Electric Power/Public 
Service Company of Oklahoma Northeastern plant.
    (b) Compliance Dates. Compliance with the requirements of this 
section is required within five years of the effective date of this rule 
unless otherwise indicated by compliance dates contained in specific 
provisions.
    (c) Definitions. All terms used in this part but not defined herein 
shall have the meaning given them in the CAA and in parts 51 and 60 of 
this title. For the purposes of this section:
    24-hour period means the period of time between 12:01 a.m. and 12 
midnight.
    Air pollution control equipment includes selective catalytic control 
units, baghouses, particulate or gaseous scrubbers, and any other 
apparatus utilized to control emissions of regulated air contaminants 
that would be emitted to the atmosphere.
    Boiler-operating-day means any 24-hour period between 12:00 midnight 
and the following midnight during which any fuel is combusted at any 
time at the steam generating unit.
    Daily average means the arithmetic average of the hourly values 
measured in a 24-hour period.
    Heat input means heat derived from combustion of fuel in a unit and 
does not include the heat input from preheated combustion air, 
recirculated flue gases, or exhaust gases from other sources. Heat input 
shall be calculated in accordance with 40 CFR part 75.
    Owner or Operator means any person who owns, leases, operates, 
controls, or supervises any of the coal burning equipment designated as:

Unit 4 of the Oklahoma Gas and Electric Muskogee plant; or
Unit 5 of the Oklahoma Gas and Electric Muskogee plant; or

[[Page 729]]

Unit 1 of the Oklahoma Gas and Electric Sooner plant; or
Unit 2 of the Oklahoma Gas and Electric Sooner plant; or
Unit 3 of the American Electric Power/Public Service Company of Oklahoma 
    Northeastern plant; or
Unit 4 of the American Electric Power/Public Service Company of Oklahoma 
    Northeastern plant.

    Regional Administrator means the Regional Administrator of EPA 
Region 6 or his/her authorized representative.
    Unit means one of the coal fired boilers covered under Paragraph 
(a), above.
    (d) Emissions Limitations.
    SO2 emission limit. The individual sulfur dioxide 
emission limit for a unit shall be 0.06 pounds per million British 
thermal units (lb/MMBtu) as averaged over a rolling 30 boiler-operating-
day period. For each unit, SO2 emissions for each calendar 
day shall be determined by summing the hourly emissions measured in 
pounds of SO2. For each unit, heat input for each boiler-
operating-day shall be determined by adding together all hourly heat 
inputs, in millions of BTU. Each boiler-operating-day the thirty-day 
rolling average for a unit shall be determined by adding together the 
pounds of SO2 from that day and the preceding 29 boiler-
operating-days and dividing the total pounds of SO2 by the 
sum of the heat input during the same 30 boiler-operating-day period. 
The result shall be the 30 boiler-operating-day rolling average in terms 
of lb/MMBtu emissions of SO2. If a valid SO2 
pounds per hour or heat input is not available for any hour for a unit, 
that heat input and SO2 pounds per hour shall not be used in 
the calculation of the 30 boiler-operating-day rolling average for 
SO2.
    (e) Testing and monitoring.
    (1) No later than the compliance date of this regulation, the owner 
or operator shall install, calibrate, maintain and operate Continuous 
Emissions Monitoring Systems (CEMS) for SO2 on Units 4 and 5 
of the Oklahoma Gas and Electric Muskogee plant; Units 1 and 2 of the 
Oklahoma Gas and Electric Sooner plant; and Units 3 and 4 of the 
American Electric Power/Public Service Company of Oklahoma Northeastern 
plant in accordance with 40 CFR 60.8 and 60.13(e), (f), and (h), and 
Appendix B of Part 60. The owner or operator shall comply with the 
quality assurance procedures for CEMS found in 40 CFR part 75. 
Compliance with the emission limits for SO2 shall be 
determined by using data from a CEMS.
    (2) Continuous emissions monitoring shall apply during all periods 
of operation of the coal burning equipment, including periods of 
startup, shutdown, and malfunction, except for CEMS breakdowns, repairs, 
calibration checks, and zero and span adjustments. Continuous monitoring 
systems for measuring SO2 and diluent gas shall complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period. Hourly averages shall 
be computed using at least one data point in each fifteen minute 
quadrant of an hour. Notwithstanding this requirement, an hourly average 
may be computed from at least two data points separated by a minimum of 
15 minutes (where the unit operates for more than one quadrant in an 
hour) if data are unavailable as a result of performance of calibration, 
quality assurance, preventive maintenance activities, or backups of data 
from data acquisition and handling system, and recertification events. 
When valid SO2 pounds per hour, or SO2 pounds per 
million Btu emission data are not obtained because of continuous 
monitoring system breakdowns, repairs, calibration checks, or zero and 
span adjustments, emission data must be obtained by using other 
monitoring systems approved by the EPA to provide emission data for a 
minimum of 18 hours in each 24 hour period and at least 22 out of 30 
successive boiler operating days.
    (f) Reporting and Recordkeeping Requirements. Unless otherwise 
stated all requests, reports, submittals, notifications, and other 
communications to the Regional Administrator required by this section 
shall be submitted, unless instructed otherwise, to the Director, 
Multimedia Planning and Permitting Division, U.S. Environmental 
Protection Agency, Region 6, to the attention of Mail Code: 6PD, at 1445 
Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. For each unit subject 
to the emissions limitation in this section and upon completion of the 
installation of

[[Page 730]]

CEMS as required in this section, the owner or operator shall comply 
with the following requirements:
    (1) For each emissions limit in this section, comply with the 
notification, reporting, and recordkeeping requirements for CEMS 
compliance monitoring in 40 CFR 60.7(c) and (d).
    (2) For each day, provide the total SO2 emitted that day 
by each emission unit. For any hours on any unit where data for hourly 
pounds or heat input is missing, identify the unit number and monitoring 
device that did not produce valid data that caused the missing hour.
    (g) Equipment Operations. At all times, including periods of 
startup, shutdown, and malfunction, the owner or operator shall, to the 
extent practicable, maintain and operate the unit including associated 
air pollution control equipment in a manner consistent with good air 
pollution control practices for minimizing emissions. Determination of 
whether acceptable operating and maintenance procedures are being used 
will be based on information available to the Regional Administrator 
which may include, but is not limited to, monitoring results, review of 
operating and maintenance procedures, and inspection of the unit.
    (h) Enforcement.
    (1) Notwithstanding any other provision in this implementation plan, 
any credible evidence or information relevant as to whether the unit 
would have been in compliance with applicable requirements if the 
appropriate performance or compliance test had been performed, can be 
used to establish whether or not the owner or operator has violated or 
is in violation of any standard or applicable emission limit in the 
plan.
    (2) Emissions in excess of the level of the applicable emission 
limit or requirement that occur due to a malfunction shall constitute a 
violation of the applicable emission limit.

[76 FR 81758, Dec. 28, 2011]



Sec. Sec. 52.1924-52.1927  [Reserved]



Sec. 52.1928  Visibility protection.

    (a) The following portions of the Oklahoma Regional Haze (RH) State 
Implementation Plan submitted on February 19, 2010 are disapproved:
    (1) The SO2 BART determinations for Units 4 and 5 of the 
Oklahoma Gas and Electric (OG&E) Muskogee plant; Units 1 and 2 of the 
OG&E Sooner plant; and Units 3 and 4 of the American Electric Power/
Public Service Company of Oklahoma (AEP/PSO) Northeastern plant;
    (2) The long-term strategy for regional haze;
    (3) ``Greater Reasonable Progress Alternative Determination'' 
(section VI.E), and
    (4) Separate executed agreements between ODEQ and OG&E, and ODEQ and 
AEP/PSO entitled ``OG&E Regional Haze Agreement, Case No. 10-024, and 
``PSO Regional Haze Agreement, Case No. 10-025,'' housed within Appendix 
6-5 of the RH SIP.
    (b) The portion of the State Implementation Plan pertaining to 
adequate provisions to prohibit emissions from interfering with measures 
required in another state to protect visibility, submitted on May 10, 
2007 and supplemented on December 10, 2007 is disapproved.
    (c) The SO2 BART requirements for Units 4 and 5 of the 
Oklahoma Gas and Electric (OG&E) Muskogee plant; Units 1 and 2 of the 
OG&E Sooner plant; and Units 3 and 4 of the American Electric Power/
Public Service Company of Oklahoma (AEP/PSO) Northeastern plant, the 
deficiencies in the long-term strategy for regional haze, and the 
requirement for a plan to contain adequate provisions to prohibit 
emissions from interfering with measures required in another state to 
protect visibility are satisfied by Sec. 52.1923.

[76 FR 81759, Dec. 28, 2011]



Sec. 52.1929  Significant deterioration of air quality.

    (a) Regulation for preventing significant deterioration of air 
quality. The Oklahoma plan, as submitted, does not apply to certain 
sources in the State. Therefore the provisions of Sec. 52.21 except 
paragraph (a)(1) are hereby incorporated, and made part of the Oklahoma 
State implementation plan, and are applicable to the following major 
stationary sources or major modifications:

[[Page 731]]

    (i) Sources permitted by EPA prior to approval of the Oklahoma PSD 
program for which EPA retains enforcement authority.
    (ii) Sources proposing to locate on lands over which Oklahoma does 
not have jurisdiction under the Clean Air Act to issue PSD permits.
    (b) The plan revisions submitted by the Governor of Oklahoma on 
August 22, 1989, as adopted on March 23, 1989, by the Oklahoma State 
Board of Health and effective June 11, 1989, amendments to OAPCR 1.4.4 
``Major Sources--Prevention of Significant Deterioration (PSD) 
Requirements for Attainment Areas'' is approved as meeting the 
requirements of Part C of the Clean Air Act for preventing significant 
deterioration of air quality.
    (c)(1) Insofar as the Prevention of Significant Deterioration (PSD) 
provisions found in Oklahoma'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 EPA-approved procedures in 
Oklahoma Air Pollution Control Regulation Title 252, Chapter 100, 
Subchapter 8, Part 7) and a significant net emissions increase (as 
defined in the EPA-approved Oklahoma Air Pollution Control Regulation 
252:100-8-31, definitions for ``net emissions increase'' and 
``significant'' 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 
252:100-8-31 of the EPA-approved definition for ``significant'' of 
Oklahoma's Air Pollution Control Regulations.

[56 FR 5656, Feb. 12, 1991, as amended at 68 FR 11324, Mar. 10, 2003; 68 
FR 74490, Dec. 24, 2003; 75 FR 82559, Dec. 30, 2010; 76 FR 11965, Mar. 
4, 2011]



Sec. 52.1930  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 Oklahoma and Indian country within the borders of the State 
and for

[[Page 732]]

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 Oklahoma'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 
Oklahoma's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Oklahoma'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 80775, Dec. 27, 2011]



Sec. 52.1931  Petroleum storage tank controls.

    (a) Notwithstanding any provisions to the contrary in the Oklahoma 
implementation plan, the petroleum storage tanks listed in paragraphs 
(b) through (e) of this section shall be subject to the requirements of 
section 15.211 of the Oklahoma Air Pollution Control Regulations and to 
the monitoring, inspection, reporting, and other procedural requirements 
of the Oklahoma implementation plan and the Clean Air Act. The owner or 
operator of each affected facility shall secure compliance with section 
15.211 in accordance with the schedule set forth below.
    (b) Tanks 121 and 122 for crude oil storage at the Sun Oil Company 
refinery at Duncan, Oklahoma, shall be in compliance with section 15.211 
no later than August 1, 1979.
    (c) Tanks 118 and 119 for gasoline storage at the Apco Oil 
Corporation refinery at Cyril, Oklahoma, shall be in compliance with 
section 15.211 no later than February 1, 1979.
    (d) Tank 286 for crude oil storage at the Continental Pipe Line 
Company property in Oklahoma County, Oklahoma (section 32-12N-2W) shall 
be in compliance with section 15.211 no later than February 1, 1979.
    (e) The three 80,000 barrel capacity crude oil storage tanks at the 
Champlin Petroleum Company, Noble Station, 13th and Bryan Streets, 
Oklahoma City, Oklahoma, shall be in compliance with section 15.211 no 
later than September 1, 1979.
    (f) Action on the part of Sun Oil Company, Apco Oil Corporation, 
Continental Pipe Line Company and Champlin Petroleum Company of 
controlling hydrocarbon emissions creditable as offsets for General 
Motors Corporation, Oklahoma City, Oklahoma, in no way relieves these 
companies from meeting all requirements under the Oklahoma Air Quality 
Implementation Plan or under the Federal Clean Air Act as amended.

[42 FR 63782, Dec. 20, 1977]



Sec. Sec. 52.1932-52.1933  [Reserved]



Sec. 52.1934  Prevention of air pollution emergency episodes.

    (a) The plan originally submitted by the Governor of Oklahoma on 
January 28, 1972, as Chapter six, was revised for particulate matter and 
submitted for parallel processing by the Episode Control Plan for the 
State of Oklahoma'' Sec. 2.2 and Sec. 3.2 table II as adopted 
September 6, 1988, by the Oklahoma Air Quality Council are approved as 
meeting the requirements of section 110 of the Clean Air Act and 40 CFR 
part 51 subpart H.

[56 FR 5656, Feb. 12, 1991]

[[Page 733]]



Sec. 52.1935  Small business assistance program.

    The Governor of Oklahoma submitted on November 19, 1992, a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to advise 
the program and report to EPA on the program's effectiveness.

[59 FR 32370, June 23, 1994]



Sec. 52.1960  Original Identification of plan section.

    (a) This section identifies the original ``State of Oklahoma Air 
Quality Control Implementation Plan'' and all revisions submitted by 
Oklahoma that were federally approved prior to June 1, 2000.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) An opinion of the State Attorney General concerning the State's 
legal authority in emergency episode prevention and public disclosure 
was submitted February 15, 1972. (Non-regulatory)
    (2) Letter from State Department of Health concerning emergency 
episode prevention, sampling site locations and governmental cooperation 
was submitted on February 25, 1972. (Non-regulatory)
    (3) Letter of May 4, 1972, from the State Department of Health 
clarifies Regulations 4, 13, 14, and Title 63 of the State air quality 
regulations concerning emission data, emergency episodes, compliance 
schedules and new source review. (Non-regulatory)
    (4) Revisions concerning Regulations 4 through 8, 13 and 15 through 
18 were submitted by the Governor on July 14, 1972.
    (5) Certification on October 4, 1972, of amendments to Regulation 14 
of the State regulations was submitted by the Governor. (Non-regulatory)
    (6) Corrections of the plan submitted previously and consolidated 
were submitted on October 16, 1972. (Non-regulatory)
    (7) Sections 16.1, 16.3, and 16.5 of Regulation No. 16, ``Control of 
Emissions of Sulfur Compounds,'' the Control Strategy which relates to 
sulfur oxides control under the applicable sections of Regulation 16, 
and emission limitations on existing sources as adopted on December 1, 
1974 and submitted by the Governor on March 4, 1975.
    (8) Revision to Oklahoma Regulation 4.2 (public availability of 
emission data) was submitted by the Governor on October 7, 1975.
    (9) Administrative revisions to Oklahoma SIP Chapter 1, Table 2, 
Oklahoma Ambient Air Quality Standards, Chapter 8, Source Surveillance 
and Enforcement System, section 8 A, B, and C relating to permits, and 
addition of Appendix Q, relating to Oklahoma Air Quality Standards, were 
submitted by the Oklahoma State Department of Health on May 16, 1975, 
with clarification submitted on June 17, 1977. (Nonregulatory).
    (10) Consent agreements creditable as emission offsets were 
submitted by the Governor on March 28, 1977 as Addendum 1 to Chapter IV 
of the Oklahoma Air Quality Implementation Plan.
    (11) Revisions of Oklahoma Regulation No. 15 for control of 
emissions of organic materials were adopted (effective date) December 
31, 1974, and submitted by the Governor on June 16, 1975.
    (12) Revision to Oklahoma Regulation No. 3, Defining Terms Used in 
Oklahoma Air Pollution Control Regulations, were submitted by the 
Governor on November 28, 1977. The revisions include amendments adopted 
by the State on June 2, 1974 and June 11, 1977. (See Sec. 52.1926(a).)
    (13) A general update of Chapter 7: Air Quality Surveillance, was 
submitted by the Governor on July 19, 1978. (Non-regulatory).
    (14) Revisions to the plan for attainment of standards for ozone, 
carbon monoxide, and particulate matter (Part D requirements) were 
submitted by the Governor on April 2, 1979.

[[Page 734]]

    (15) A revised schedule including specific dates of the overall TSP 
program was submitted by the State on March 28, 1980.
    (16) Revisions to Regulation No. 17, Regulation No. 14 section 
14.313, Regulation No. section 14.313(b), Regulation No. 14 section 
14.313(c)(i), Regulation No. 15 section 15.50, Regulation No. 15 section 
15.53, and Regulation No. 3 (Part D requirements) were submitted by the 
Governor on April 11, 1980.
    (17) Revisions to the plan for intergovernmental consultation, 
interstate pollution abatement, public notification, and the State Board 
were submitted by the Governor on April 2, 1979; a letter of commitment 
for new source notification was submitted by the Acting Chief of the 
Oklahoma Air Quality Service on March 31, 1982; a Public Notification 
Workplan was submitted by the Chief of the Oklahoma Air Quality Service 
on January 14, 1980; the Oklahoma Code of Ethics for State Officials and 
Employees, with a clarification letter, was submitted by the Oklahoma 
Commissioner of Health on March 9, 1982; and a clarification letter was 
submitted by the Acting Chief of the Oklahoma Air Quality Service on 
February 23, 1982.
    (18) The Oklahoma State Implementation Plan for lead was submitted 
to EPA on March 5, 1980, by the Governor of Oklahoma as adopted by the 
State Air Quality Council on November 13, 1979. Letters of clarification 
dated October 19 and December 9, 1981, also were submitted.
    (19) Revisions to Regulation No. 15 (i.e., the addition of sections 
15.57, 15.58, and 15.59) were adopted by the State Board of Health on 
April 30, 1980 and submitted by the Governor on June 10, 1980.
    (20) Revisions to Regulation No. 15 (i.e., revisions to sections 
15.524, 15.585, and 15.59, and the addition of Sections 15.60 and 15.61) 
were adopted by the State Board of Health on May 9, 1981 and submitted 
by the Governor on September 14, 1981.
    (21) A variance to the State Regulations 7 and 8 for McAlester Army 
Ammunition Plant located in McAlester, Oklahoma was submitted by the 
State on September 21, 1979 and approved by the State Board of Health on 
September 8, 1979.
    (22) On March 7, 1980, the Governor submitted final revisions to the 
ambient monitoring portion of the plan.
    (23) [Reserved]
    (24) A revision to the Air Pollution Control Regulation 2.1, as 
adopted by the Oklahoma Air Quality Council on January 19, 1982, was 
submitted by the Governor on April 12, 1982.
    (25) Revision to Oklahoma Regulation No. 1.4 Air Resources 
Management-Permits Required (1.4.1-1.4.3) and Major Sources--
Nonattainment areas (1.4.5) was submitted by the Governor on April 12, 
1982. A letter of commitment and a letter of clarification for 
Regulation 1.4 was submitted by the State on April 30, 1982 and December 
9, 1982, respectively.
    (26) On April 2, 1979, the State of Oklahoma submitted an amendment 
to Regulation 1.3 Defining Terms Used in Oklahoma Air Pollution Control 
Regulations (i.e., Table II) and on April 12, 1982, and on May 19, 1983, 
the State submitted revisions to the State's Permit Regulation 1.4 
including adding 1.4.4 [Major Sources--Prevention of Significant 
Deterioration (PSD) Requirements for Attainment Areas] to provide for 
PSD new source review. A Letter of Clarification of October 6, 1982, was 
also submitted.
    (27) Revision to Oklahoma Regulation 3.8 (Control of Emission of 
Hazardous Air Contaminants) submitted by the Governor on February 8, 
1983.
    (28) Revision to Oklahoma Regulation 3.4--Control of Emission of 
Sulfur Compounds was submitted by the Governor on May 19, 1983, which 
changed subsections 3.4(c)(1)(A)(i)(a)(3) and 3.4(c)(1)(C)(i)(a). The 
revision was adopted by the Oklahoma State Board of Health on May 12, 
1983. A letter of clarification on subsection 3.4(c)(1)(C)(i)(a) was 
submitted by the State on October 14, 1983.
    (29) Revision of Oklahoma Regulation 1.4--Air Resources Management--
Permits Required was submitted by the Governors on May 19, 1983. A 
letter of clarification on subsection 1.4.1(c)(3) was submitted by the 
State on September 23, 1983.
    (30) Revision to Oklahoma Regulation No. 1.5--Reports Required: 
Excess

[[Page 735]]

Emissions During Startup, Shutdown and Malfunction of Equipment was 
submitted by the Governor on February 8, 1983. Letters of clarification 
were submitted by the State on October 18, 1982 and May 24, 1983.
    (31) Revision to Regulation 1.4 ``Air Resources Management--Permits 
Required'' and variance and extension for Mesa Petroleum Company 
submitted by the Governor on February 6, 1984. A letter of clarification 
on section 1.4.2(f) Cancellation of Authority to Construct or Modify was 
submitted by the State on February 17, 1984.
    (32) [Reserved]
    (33) Revision to Regulation 3.1 ``Pertaining to the Control of 
Smoke, Visible Emissions and Particulates'' submitted by the Governor on 
February 6, 1984. On May 16, 1984, the Oklahoma State Department of 
Health submitted a letter of clarification on Regulation 3.1.
    (34) Oklahoma Air Pollution Control Regulation 1.4.2(b) ``Stack 
Height Limitation'' and amendments to OAPCR 1.4.2(e) ``Public Review'' 
as adopted on May 8, 1986, and submitted by the Governor on April 30, 
1986, to meet the requirements of the Federal stack height regulations.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 1.4.2(b) 
``Stack Height Limitation'' as adopted on May 8, 1986, and amendments to 
OAPCR 1.4.2(b) section 1.4.2(b)(1)(G) as adopted on July 9, 1987, and 
effective August 10, 1987. In addition, amendments to OAPCR 1.4.2(b) 
section 1.4.2(b)(1)(C); and amendments to OAPCR 1.4.2(e) ``Public 
Review'' section 1.4.2(e)(1)(A) as adopted March 23, 1989, effective 
June 11, 1989, by the Oklahoma Board of Health.
    (ii) Additional material.
    (A) Commitment letter dated July 8, 1988, from the Director of the 
Permits and Enforcement Division of the Oklahoma Air Quality Service, 
Oklahoma State Department of Health.
    (35) May 8, 1985, revisions to Oklahoma Air Pollution Control 
Regulation 3.4.(c)(1)(C) ``Gas Sweetening and Sulfur Recovery Plants'' 
were submitted by the Governor on March 31, 1986.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation 
3.4(c)(1)(C) (Gas Sweetening and Sulfur Recovery Plants); adopted May 8, 
1985, by the Oklahoma Air Quality Council.
    (36) On March 9, 1990, the Governor submitted Oklahoma Air Pollution 
Control Regulation 3.7.5--4(h) ``Control of VOS Emissions from Aerospace 
Industries Coatings Operations.'' This regulation was adopted by the 
Oklahoma Air Quality Council on December 5, 1989, and by the Oklahoma 
Board of Health on February 8, 1990. The regulation became effective 
when it was signed by the Governor as an emergency rule on February 12, 
1990. Also on March 9, 1990, the Governor of Oklahoma submitted four 
source specific alternate RA.T determination Orders issued by the 
Oklahoma Commissioner of Health for the Rockwell International, 
McDonnell Douglas-Tulsa. American Airlines and Nordam facilities in 
Tulsa County.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation 3.7.5--4(h) ``Control 
of VOS Emissions from Aerospace Industries Coatings Operations'' as 
adopted by the Oklahoma Air Quality Council on December 5, 1989, and the 
Oklahoma Board of Health on February 8, 1990, and approved by the 
Governor on February 12, 1990.
    (B) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for Rockwell International, Tulsa approving an 
Alternate Reasonably Available Control Technology (ARACT).
    (C) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for McDonnell Douglas-Tulsa approving an Alternate 
Reasonably Available Control Technology (ARACT).
    (D) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for American Airlines approving an Alternate 
Reasonably Available Control Technology (ARACT).
    (E) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for Nordam's Lansing Street facility approving an 
Alternate Reasonably Available Control Technology (ARACT).

[[Page 736]]

    (ii) Additional material.
    (A) Rockwell International Tulsa. (1) The document prepared by 
Rockwell International titled ``Rockwell International NAA-Tulsa 
Alternate RACT Determination'' dated October 30, 1989.
    (2) The document prepared by Rockwell titled ``Rockwell 
International NAA-Tulsa Alternate RACT Determination Supplemental 
Submittal'' dated November 22, 1989.
    (B) McDonnell Douglas. (1) The document prepared by McDonnell 
Douglas-Tulsa titled ``Source Specific RACT Determination'' dated 
October 30, 1989.
    (2) The document prepared by McDonnell Douglas-Tulsa titled ``ARACT/
Follow-up Submission'' dated November 20, 1989.
    (C) American Airlines. (1) The document prepared by American 
Airlines titled ``American Airlines Tulsa Alternate RACT'' dated October 
30, 1989.
    (2) The document prepared by American Airlines titled ``ARACT/
Follow-up Submission'' dated November 22, 1989.
    (D) Nordam. (1) The document prepared by Nordam titled ``Source 
Specific RACT Determination'' dated November 29, 1989.
    (2) The document prepared by Nordam titled ``ARACT/Follow-up 
Submission'' dated January 10, 1990.
    (37) On May 8, 1989, the Governor submitted Oklahoma Air Pollution 
Control Regulation 1.5 ``Excess Emission and Malfunction Reporting 
Requirements''. This regulation was adopted by the Oklahoma Board of 
Health on June 23, 1988, and approved by the Oklahoma Legislature on 
February 24, 1989. The regulation became effective on March 11, 1989.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.5 
``Excess Emission and Malfunction Reporting Requirements'', OAPCR 1.5 
title change, Sec. 1.5(a)(1), Sec. 1.5(b)(1)(B), Sec. 1.5(b)(1)(E), 
Sec. 1.5(c), title, Sec. 1.5(c)(1), Sec. 1.5(e)(1), and Sec. 
1.5(e)(2), as adopted by the Oklahoma Board of Health on June 23, 1988, 
and approved by the Oklahoma Legislature on February 24, 1989.
    (38) On August 22, 1989, the Governor submitted Oklahoma's Committal 
SIP for the Group II area of Lawton, Oklahoma. In addition, the 
submittal included the State's Group III SIP for the remainder of the 
State and amendments to the Oklahoma Air Pollution Control Regulations 
1.1, 1.2, 1.4.4, and 1.4.5, and amendments to Chapter 6 ``Emergency 
Episode Control Plan for the State of Oklahoma''.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
1.1 ``Defining Terms Used in Oklahoma Air Pollution Control 
Regulations'' Sec. 1.1(b)(97), Sec. 1.1(b)(98), Sec. 1.1(b)(99) and 
Sec. 1.1(b)(145), as adopted October 11, 1989, by the Oklahoma State 
Board of Health and effective May 25, 1990. Amendments to OAPCR 1.1, 
Sec. 1.1(b)(127), and Sec. 1.1(b)(128), as adopted March 23, 1989, by 
the Oklahoma State Board of Health and effective June 11, 1989.
    (B) Amendments to OAPCR 1.2 ``Oklahoma Air Quality Standards and 
Increments'' Table 1.2(1), as adopted January 28, 1988, by the Oklahoma 
State Board of Health and effective June 21, 1988.
    (C) Amendments to OAPCR 1.4.4 ``Major Sources--Prevention of 
Significant Deterioration (PSD) Requirements for Attainment Areas'' 
Sec. 1.4.4(b)(22)(A), Sec. 1.4.4(d)(4), Sec. 1.4.4(d)(9), Sec. 
1.4.4(d)(10), Sec. 1.4.4(d)(11), and Sec. 1.4.4(d)(12), as adopted 
March 23, 1989, by the Oklahoma State Board of Health and effective June 
11, 1989.
    (D) Amendments to OAPCR 1.4.5. ``Major Sources--Nonattainment 
Areas'' Sec. 1.4.5(b)(18), and Sec. 1.4.5(c)(1)(C), as adopted March 
23, 1989, by the Oklahoma State Board of Health and effective June 11, 
1989.
    (39) On February 20, 1985, the Governor of Oklahoma, submitted a SIP 
revision designed to achieve the ozone standard in Tulsa County. 
Supplemental information was submitted on August 23, 1985, January 21, 
June 2, September 2, and December 22, 1986. The anti-tampering 
regulation was submitted to EPA by the Governor on October 8, 1985. On 
March 31, 1986, the Governor of Oklahoma submitted one new regulation. 
On May 8, 1989, the Governor of Oklahoma submitted one revised 
regulation. On March 9, 1990, the Governor of Oklahoma submitted four 
new regulations and several miscellaneous changes to the existing SIP 
approved regulations in Tulsa County. EPA is approving one regulation

[[Page 737]]

(OAPCR 3.7.5-4(f) ``Petroleum (Solvent) Dry Cleaning'') under part A, 
section 110 of the Clean Air Act. This regulation does not represent 
RACT under part D, section 172 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control 
of Emissions of Organic Materials'' Sec. 3.7.5-4(f) as adopted by the 
Oklahoma State Board of Health on February 7, 1985, and effective July 
1, 1986.
    (B) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control 
of Emissions of Organic Materials'' Sec. 3.7.5-4(f), Sec. 3.7.5-
4(f)(1)(A), Sec. 3.7.5-4(f)(1)(B)(vi), Sec. 3.7.5-4(f)(1)(B)(vii), 
Sec. 3.7.5-4(f)(2)(B), Sec. 3.7.5-4(f)(3)(A)(iv), Sec. 3.7.5-
4(f)(3)(B), Sec. 3.7.5-4(f)(4), Sec. 3.7.5-4(f)(4)(A), Sec. 3.7.5-
4(f)(4)(A)(i), Sec. 3.7.5-4(f)(4)(A)(ii), Sec. 3.7.5-4(f)(4)(A)(iii), 
Sec. 3.7.5-4(f)(5), and Sec. 3.7.5-4(f)(5)(A) as amended by the 
Oklahoma State Board of Health on January 29, 1987, and effective 
January 29, 1987.
    (C) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-1(a), 
Sec. 3.7.5-2(a)(2)(A), Sec. 3.7.5-4(b), Sec. 3.7.5-4(e)(2)(A), Sec. 
3.7.5-4(f)(1)(A), Sec. 3.7.5-4(f)(2)(A), Sec. 3.7.5-4(f)(2)(B), and 
Sec. 3.7.5-4(i) as amended by the Oklahoma State Board of Health on 
March 23, 1989, and effective June 11, 1990.
    (D) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.1(b)(10), 
Sec. 3.7.1(b)(11), Sec. 3.7.1(b)(12), Sec. 3.7.1(b)(13), Sec. 
3.7.1(b)(14), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 3.7.5-2(a)(2), Sec. 
3.7.5-2(a)(3)(A)(iv), Sec. 3.7.5-2(a)(3)(A)(v), Sec. 3.7.5-
2(a)(4)(A)(ii), Sec. 3.7.5-2(a)(5)(A), Sec. 3.7.5-2(a)(6)(A)(i), Sec. 
3.7.5-2(a)(6)(A)(iii), Sec. 3.7.5-2(a)(6)(B), Sec. 3.7.5-
2(a)(8)(A)(i), Sec. 3.7.5-2(a)(9), Sec. 3.7.5-2(b)(1), Sec. 3.7.5-
2(b)(2), Sec. 3.7.5-2(b)(2)(A)(i), Sec. 3.7.5-2(c)(1), Sec. 3.7.5-
2(c)(1)(A), Sec. 3.7.5-2(c)(1)(B), Sec. 3.7.5-2(c)(2), Sec. 3.7.5-
2(c)(3), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-3(a)(2)(B), Sec. 3.7.5-
3(a)(3)(B)(i), Sec. 3.7.5-4(b)(1)(A)(i), Sec. 3.7.5-4(b)(1)(A)(ii), 
Sec. 3.7.5-4(b)(1)(A)(iii), Sec. 3.7.5-4(b)(3)(F), Sec. 3.7.5-
4(c)(1)(A), Sec. 3.7.5-4(c)(1)(A)(ii), Sec. 3.7.5-4(c)(1)(D), Sec. 
3.7.5-4(c)(1)(E), Sec. 3.7.5-4(c)(2)(A)(i), Sec. 3.7.5-4(c)(2)(A)(ii), 
Sec. 3.7.5-4(c)(2)(A)(iii), Sec. 3.7.5-4(c)(2)(A)(iii)(a), Sec. 
3.7.5-4(c)(2)(A)(iii)(d), Sec. 3.7.5-4(c)(2)(C), Sec. 3.7.5-4(c)(3), 
Sec. 3.7.5-4(c)(3)(A), Sec. 3.7.5-4(c)(3)(A)(i), Sec. 3.7.5-4(c)(3) 
(B) through (C) added, Sec. 3.7.5-4(c)(4), Sec. 3.7.(d)(5)(A), Sec. 
3.7.5-4(f)(1)(A), new Sec. 3.7.5-4(g), Sec. 3.7.5-4(i)(1)(B), Sec. 
3.7.5-4(i)(1)(B)(iii), Sec. 3.7.5-4(i)(1)(B)(iv), Sec. 3.7.5-
4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), and Sec. 3.7.5-4(i)(2)(G), as 
amended/adopted by the Oklahoma State Board of Health on October 11, 
1989, and effective May 25, 1990.
    (E) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-
2(a)(1)(A), Sec. 3.7.5-2(a)(1)(B), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 
3.7.5-2(a)(1)(B)(vii), Sec. 3.7.5-2(a)(6)(A)(i), Sec. 3.7.5-
2(c)(3)(B), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-4(g)(6), Sec. 3.7.5-
4(g)(11), Sec. 3.7.5-4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), Sec. 3.7.5-
4(i)(1)(F), Sec. 3.7.5-4(i)(1)(G), and new Sec. 3.7.5-4(j) as amended/ 
adopted by the Oklahoma State Board of Health on February 8, 1990, and 
effective May 25, 1990.
    (F) Oklahoma Official Motor Vehicle Inspection Rules and Regulations 
Manual adopted December 5, 1985, and effective January 1, 1986.
    (G) 47 O.S. SUPP. 856.1 et seq. adopted May 24, 1984, and effective 
May 24, 1984.
    (H) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (I) February 20, 1985, plan commitments for Tulsa County, including 
transportation control measures, page 8, and Reasonable Further Progress 
schedules and reporting commitments, pages 10 and 11, dated June 3, 
1986.
    (J) Title 37, chapter 4, section 167, Tulsa City Ordinance number 
16466 as approved and effective October 15, 1985, by the City of Tulsa.
    (K) An October 17, 1989, commitment letter, to develop and 
incorporate test methods into OAPCR 3.7 for determining the capture 
efficiency of control devices associated with coating operations.
    (L) A January 16, 1990, commitment letter stating that the DPS will 
annually conduct unannounced visits to 10 percent of the Tulsa 
inspection stations.
    (M) A September 28, 1990, Memorandum of Understanding.
    (N) An October 12, 1990, letter to report semiannually to EPA, 
information relating to the effectiveness and enforcement of the I/M 
program.
    (ii) Additional material.

[[Page 738]]

    (A) February 20, 1985, narrative plan revision designed to achieve 
the ozone standard in Tulsa County, including control strategy, modeling 
analysis, transportation control plan and measures, I/M program 
description, and negative declarations.
    (B) A written interpretation by the DPS dated June 26, 1987, of the 
term ``proper replacement'' in Sec. 856.1(C) of the Oklahoma statutes 
to mean ``original equipment manufacturer (OEM) or equivalent''.
    (40) On October 17, 1985, the Governor of Oklahoma submitted a SIP 
revision designed to achieve the carbon monoxide standard in Oklahoma 
County. Supplemental information was submitted on January 29, 1986, 
November 7, 1986, October 12, 1990, and October 15, 1990. The anti-
tampering regulation was submitted to EPA by the Governor on October 8, 
1985.
    (i) Incorporation by reference.
    (A) Oklahoma Official Motor Vehicle Inspection Rules and Regulations 
Manual adopted December 5, 1985, and effective January 1, 1986.
    (B) 47 O.S. SUPP. Section 856.1 et seq. adopted May 24, 1984, and 
effective May 24, 1984.
    (C) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (D) October 17, 1985, plan reporting commitments for Oklahoma County 
Reasonable Further Progress schedule, page 6.
    (E) The City of Oklahoma City Ordinance No. 12,575, as passed by the 
Council of the City of Oklahoma City on March 31, 1970, and approved by 
the Mayor on March 31, 1970.
    (ii) Additional material.
    (A) A February 7, 1991, commitment letter stating that the DPS will 
annually conduct unannounced visits at 10 percent of the Oklahoma County 
inspection stations.
    (B) An October 12, 1990, letter committing to report semiannually to 
EPA, information relating to the effectiveness and enforcement of the I/
M program.
    (41) On November 14, 1990, the Governor submitted revisions to 
Oklahoma Air Pollution Control Regulation (Regulation) 1.1 ``Defining 
Terms Used in Oklahoma Air Pollution Control Regulations'', Regulation 
1.2 ``Oklahoma Air Quality Standards and Increments'', and Regulation 
1.4 ``Permits''. These regulations were adopted by the Oklahoma Air 
Quality Council on April 3, 1990, and by the Oklahoma Board of Health on 
April 12, 1990. These regulations became effective when they were signed 
by the Governor as emergency rules on June 4, 1990.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.1, 
Regulation 1.2, and Regulation 1.4, as adopted by the Oklahoma Air 
Quality Council on April 3, 1990, by the Oklahoma Board of Health on 
April 12, 1990, and became effective on June 4, 1990: Oklahoma Air 
Pollution Control Regulations 1.1(b)(13), 1.1(b)(14), 1.1(b)(15), 
1.1(b)(16), 1.1(b)(82)(D), 1.2--Table 1.2(2), 1.4.1(a)(1), 
1.4.1(b)(3)(B), 1.4.1(b)(3)(C), 1.4.2(a)(2)(ii), 1.4.2(c), 1.4.2(h)(2), 
1.4.4(b)(3)(D), 1.4.4(b)(13), 1.4.4(b)(14), 1.4.4(b)(15) and 
1.4.4(d)(12), 1.4.4(d)(13)(C).
    (ii) Additional material.
    (A) April 23, 1991, letter from Mr. John Drake, Chief, Air Quality 
Service, Oklahoma State Department of Health, to Mr. A. Stanley Meiburg, 
Director, Air, Pesticides & Toxics Division, EPA, Region 6.
    (42) On November 7, 1989, the Governor of Oklahoma submitted a 
revision to the SIP consisting of a construction permit, number 88-116-
C, for a cogeneration unit and an operating permit, number 88-117-O, for 
a sulfur recovery unit. The revision involves a sulfur dioxide emissions 
trade for the Conoco, Incorporated, Ponca City Refinery.
    (i) Incorporation by reference.
    (A) Permit number 88-116-C, as adopted by the Oklahoma State 
Department of Health (OSDH) on May 23, 1989.
    (B) Permit number 88-117-O, as adopted by the Oklahoma State 
Department of Health (OSDH) on June 22, 1990.
    (ii) Additional material.
    (A) The document issued by Conoco Ponca City Refinery, titled, 
``Level II Modeling Analysis in Support of Alternate Emissions Reduction 
Permit for Sulfur Recovery Plant'' dated April 1990.
    (B) The document issued by Conoco Ponca City Refinery, titled, 
``Level III

[[Page 739]]

Remodeling for an SO2 Bubble Trade'' dated June 3, 1991 
(revised July 8, 1991).
    (43) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Title 310, Chapter 200, Subchapter 31, entitled Control of Emissions of 
Sulfur Compounds.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Title 310, Chapter 200, Subchapter 31, 
entitled Control of Emissions of Sulfur Compounds, Part 1. ``General 
Provisions,'' Section 310:200-31-2, ``Definitions;'' Section 310:200-31-
3, ``Performance testing;'' Part 3. ``Existing Equipment Standards,'' 
Section 310:200-31-12, ``Sulfur oxides;'' Section 310:200-31-13, 
``Sulfuric acid mist;'' Section 310:200-31-14, ``Hydrogen sulfide;'' 
Section 310:200-31-15, ``Total reduced sulfur;'' Part 5. ``New Equipment 
Standards,'' Section 310:200-31-25, ``Sulfur oxides;'' and Section 
310:200-31-26, ``Hydrogen sulfide,'' as adopted by the Oklahoma State 
Board of Health on March 24, 1993, and effective June 1, 1993.
    (44) A revision to the Oklahoma SIP to include Oklahoma 
Administrative Code, Chapter 310:200, Subchapter 23, entitled, ``Control 
of Emissions From Cotton Gins,'' submitted by the Governor on May 16, 
1994.
    (i) Incorporation by reference.
    (A) Addition of Oklahoma Administrative Code, Chapter 310:200, 
Subchapter 23, entitled, ``Control of Emissions From Cotton Gins,'' as 
adopted by the Oklahoma Air Quality Council on April 30, 1992, and 
effective June 1, 1993.
    (ii) Additional material--None.
    (45) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program as 
specified in the plan revision submitted by the Governor on November 19, 
1992. This plan submittal, as adopted by the Oklahoma Air Quality 
Council on October 13, 1992, was developed in accordance with section 
507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Enrolled House Bill No. 2251 (Oklahoma Clean Air Act of 1992), 
signed into law by the Governor on May 15, 1992, and effective upon 
signature. Included in this Act are provisions establishing a small 
business stationary source compliance assistance program; creating the 
State Ombudsman Office for small business; establishing Ombudsman 
duties; creating a Compliance Advisory Panel; establishing membership of 
Panel; and establishing Panel duties.
    (B) Enrolled House Bill No. 2227 (Oklahoma Environmental Quality 
Act), signed into law by the Governor on June 12, 1992, and effective 
upon signature, authorizing the creation of the Oklahoma Department of 
Environmental Quality (ODEQ).
    (ii) Additional material.
    (A) Revision entitled, ``The Oklahoma Small Business Stationary 
Source Assistance Program, Chapter 11 of the State Implementation Plan, 
October 13, 1992.''
    (46) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Department of Public Safety regulation Title 595, Chapter 20, Subchapter 
3--Emission and Mechanical Inspection of Vehicles, Subchapter 7--
Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/
Motorcycle, Subchapter 9--Class AE Inspection Station, Vehicle Emission 
Anti-tampering Inspection and Subchapter 11--Annual Motor Vehicle 
Inspection and Emission Anti-Tampering Inspection Records and Reports, 
adopted by the State on April 6, 1994, effective May 26, 1994 and 
submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Department of Public Safety regulation 
Title 595, Chapter 20: 3-1(2); 3-3; 3-5; 3-6; 3-12; 3-25; 3-26; 3-27; 3-
41(o); 3-42; 3-46(a) and (b); 3-61(a),(b),(e) and (f); 3-63(b) and (g); 
7-1(c) and (f); 7-2(a); 7-3; 7-4(a); 7-5(a); 7-6(a); 7-7(a); 9-1(a); 9-
3(l) and (m); 9-7; 9-10(a),(b) and (c); 9-11(a); 9-12(a); 9-13(a); 9-
14(a) and (b); 9-15(a); 11-1; 11-2(a); 11-3(a); 11-4 effective May 26, 
1994.
    (ii) Additional material.
    (A) State SIP revision entitled, ``Oklahoma Vehicle Anti-Tampering 
Program SIP Revision,'' which includes a completeness determination, SIP 
narrative, hearing records and other documentation relevant to the 
development of this SIP.
    (47) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Air

[[Page 740]]

Pollution Control Regulation 3.7--Control of Emissions of Organic 
Materials, adopted by the State on October 2, 1990, effective May 11, 
1991 and submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulations 3.7, 
Sections 3.7.5-4(g)(7)(A)(i)(b), 3.7.5-4(g)(9)(A), 3.7.5-4(i)(3)(B)(1), 
and 3.7.5-4(i)(3)(B)(3) effective May 11, 1991.
    (ii) Additional material.
    (A) State SIP revision entitled, ``Oklahoma Alternative Standards 
SIP Revision,'' which includes a completeness determination, SIP 
narrative, hearing records and other documentation relevant to the 
development of this SIP.
    (48) Revisions to Oklahoma Department of Environmental Quality 
(ODEQ) regulations in the Oklahoma SIP adopted by the Oklahoma 
Legislature on March 30, 1994, effective May 26, 1994, and submitted by 
the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Oklahoma Register, May 16, 1994, pages 2031 and 2032, approving 
the transfer of the Oklahoma Air Quality Control Rules into Title 252, 
Chapter 100, of the Oklahoma Administrative Code.
    (B) Oklahoma Administrative Code, Title 252, Chapter 100 
(OAC:252:100), Oklahoma Air Quality Control Rules, adopted by the 
Oklahoma Legislature on March 30, 1994, effective May 26, 1994.
    (1) Subchapter 1, General Provisions.
    (2) Subchapter 3, Air Quality Standards and Increments.
    (3) Subchapter 5, Registration of Air Contaminant Sources.
    (4) Subchapter 9, Excess Emissions and Reporting Requirements.
    (5) Subchapter 13, Prohibition of Open Burning.
    (6) Subchapter 15, Motor Vehicle Pollution Control Devices.
    (7) Subchapter 17, Incinerators.
    (8) Subchapter 19, Particulate Matter Emissions from Fuel-Burning 
Equipment.
    (9) Subchapter 23, Control of Emissions from Cotton Gins.
    (10) Subchapter 25, Smoke, Visible Emissions and Particulates.
    (11) Subchapter 27, Particulate Matter Emissions from Industrial and 
Other Processes and Operations.
    (12) Subchapter 29, Control of Fugitive Dust.
    (13) Subchapter 31, Control of Emission of Sulfur Compounds.
    (14) Subchapter 33, Control of Emission of Nitrogen Oxides.
    (15) Subchapter 35, Control of Emission of Carbon Monoxide.
    (16) Subchapter 37, Control of Emissions of Organic Materials.
    (17) Subchapter 39, Control of Emission of Organic Materials in 
Nonattainment Areas
    (18) Subchapter 43, Sampling and Testing Methods.
    (19) Subchapter 45, Monitoring of Emissions.
    (20) Appendix A, Allowable Emissions for Incinerators with 
Capacities in Excess of 100 lbs/hr.
    (21) Appendix B, Allowable Emissions for Incinerators with 
Capacities Less Than 100 lbs/hr.
    (22) Appendix C, Particulate Matter Emission Limits for Fuel-Burning 
Equipment.
    (23) Appendix E, Primary Ambient Air Quality Standards.
    (24) Appendix F, Secondary Ambient Air Quality Standards.
    (25) Appendix G, Allowable Rate of Emissions.
    (ii) The following previously approved ODEQ regulations remain in 
the Oklahoma SIP:
    (A) Regulation 1.4, ``Air Resources Management Permits Required,'' 
as approved by EPA on: August 25, 1983 (48 FR 38636), at 52.1920(c)(26); 
April 2, 1984 (49 FR 13039), at 52.1920(c)(29); July 27, 1984 (49 FR 
30185), at 52.1920(c)(31); August 20, 1990 (55 FR 33907), at 
52.1920(c)(34); February 12, 1991 (56 FR 5655), at 52.1920(c)(38); and 
July 23, 1991 (56 FR 33717), at 52.1920(c)(41).
    (B) Regulation 3.8, ``Control of Emission of Hazardous Air 
Contaminants,'' approved by EPA on August 15, 1983 (48 FR 36819), at 
52.1920(c)(27).
    (iii) Additional materials--None.
    (49) Oklahoma visibility protection plan submitted by the Governor 
of Oklahoma on June 18, 1990.
    (i) Incorporation by reference. Oklahoma Air Pollution Control 
Regulations, Sections 1.4.4(f)(2), 1.4.4(f)(7),

[[Page 741]]

1.4.4(f)(11), and 1.4.4(g), as amended by the Oklahoma State Department 
of Health on July 9, 1987, effective August 10, 1987.
    (ii) Additional information``Oklahoma Visibility Protection Plan,'' 
submitted by the Governor of Oklahoma on June 18, 1990.

[37 FR 10887, May 31, 1972. Redesignated and amended at 65 FR 47328, 
Aug. 2, 2000]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1960, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                            Subpart MM_Oregon



Sec. 52.1970  Identification of plan.

    (a) Title of plan: ``State of Oregon Clean Air Act Implementation 
Plan.''
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Amendments to the implementation plan including ORS chapters 
449, 192, and 340 submitted on May 3, 1972, by the Governor.
    (2) Transportation control strategy for oxidants and carbon monoxide 
in the Oregon portion of the Portland Interstate Region submitted on 
October 26, 1972, by the Governor.
    (3) Compliance schedules submitted on February 9, 1973, by the 
Department of Environmental Quality.
    (4) Revision to the transportation control plan submitted on April 
13, 1973, by the Governor.
    (5) Compliance schedules submitted on May 30, 1973, by the 
Department of Environmental Quality.
    (6) Compliance schedules submitted on June 8, 1973, by the 
Department of Environmental Quality.
    (7) Compliance schedules submitted on June 22, 1973, by the 
Department of Environmental Quality.
    (8) Compliance schedules submitted on June 25, 1973, by the 
Department of Environmental Quality.
    (9) Compliance schedules submitted on July 31, 1973, by the 
Department of Environmental Quality.
    (10) Compliance schedules submitted on August 3, 1973, by the 
Department of Environmental Quality.
    (11) Request for an extension to May 31, 1976, of the attainment 
date for carbon monoxide and photochemical oxidants and miscellaneous 
additions (Nonregulatory) to the transportation control plan submitted 
on September 21, 1973, by the Governor.
    (12) Miscellaneous additions (Nonregulatory) to the transportation 
control plan submitted on August 20, 1973, by the Department of 
Environmental Quality.
    (13) Plan for maintenance of the national standards submitted on 
August 27, 1973, by the Department of Environmental Quality.
    (14) Revision to Oregon Administrative Rules (OAR) Chapter 340, 
sections 25-105 through 25-130,--Hot Mix Asphalt Plans and sections 25-
155 through 25-195 Kraft Pulp Mills submitted on February 8, 1973, by 
the Department of Environmental Quality.
    (15) Change to regulations for the Lane Regional Air Pollution 
Authority submitted on February 13, 1973, by the Department of 
Environmental Quality.
    (16) Special air pollution control rules for Clackamas, Columbia, 
Multnomah and Washington Counties and certification of the dissolution 
of regulations for the Columbia-Willamette Air Pollution Authority 
submitted on January 17, 1974, by the Department of Environmental 
Quality.
    (17) Revision to Oregon Administrative Rules (OAR) Chapter 340, 
sections 12-030 through 12-055 Civil Penalties submitted on February 19, 
1975, by the Department of Environmental Quality.
    (18) Oregon Revised Statute 468.095 for public availability of 
emission data submitted on August 1, 1975, by the Department of 
Environmental Quality.
    (19) Indirect Source Regulation (OAR, Chapter 340 sections 20-100 
through 20-135) submitted on July 24, 1975, by the Department of 
Environmental Quality.
    (20) Indirect Source Regulation (Title 20--Indirect Sources), of the 
Lane Regional Air Pollution Authority Rules and Regulations, submitted 
November 18, 1975 by the Department of Environmental Quality.
    (21) Air Contaminant Discharge Permits (Oregon Administrative Rules 
340-20-140 through 340-20-185) submitted February 17, 1976.

[[Page 742]]

    (22) Lane Regional Air Pollution Authority Regulation, Title 22--
Permits, submitted June 7, 1976.
    (23) Oregon Revised Statutes sections 468.450 through 468.485 
submitted on August 1, 1975, by the Department of Environmental Quality.
    (24) Oregon Administrative Rules (OAR) Chapter 340, sections 26-005 
through 26-025, submitted on February 17, 1976, by the Department of 
Environmental Quality.
    (25) Request for an extension to May 31, 1978, of the attainment 
date for particulate matter national secondary ambient air quality 
standards in the Eugene/Springfield Air Quality Maintenance Area.
    (26) Revision to the field burning regulations submitted on June 28, 
1979; September 13, 1979, October 10, 1979; and March 11, 1980, by the 
Department of Environmental Quality.
    (27) On June 20 and 29, 1979, the Governor submitted: (i) Carbon 
monoxide (CO) and ozone (O3) attainment plans for the Oregon 
portion of the Portland-Vancouver AQMA, Salem, and Medford-Ashland AQMA, 
and (ii) a carbon monoxide (CO) attainment plan for the Eugene-
Springfield AQMA.
    (28) On June 20, 1979, the Governor requested an extension beyond 
1982 for the attainment of carbon monoxide (CO) in Portland, Eugene-
Springfield and Medford.
    (29) On June 29, 1979, the Governor requested an extension beyond 
1982 for the attainment of ozone (O3) in Portland.
    (30) On February 14, 1980, the State Department of Environmental 
Quality submitted its official response to EPA's proposed SIP actions 
which were published in the Federal Register on January 21, 1980 (45 FR 
3929).
    (31) On May 6, 1980, the State Department of Environmental Quality 
submitted recodified portions of Oregon Revised Statutes (ORS) 449 which 
authorize Oregon's automobile inspection/maintenance program. This 
submittal, requested by EPA, included chapters ORS 468.360 through 
468.420, 481.190, 481.200, 483.800, 483.820, and 483.825.
    (32) Revisions to the program for controlling the open burning of 
grass seed fields submitted on April 22, 1980, by the Department of 
Environmental Quality.
    (33) Oregon Administrative Rules (OAR) Chapter 340, sections 24-300 
through 24-350 for the vehicle inspection and maintenance program, 
submitted on July 26, 1980, by the Oregon Department of Environmental 
Quality.
    (34) On December 27, 1979, the State of Oregon Department of 
Environmental Quality submitted a plan revision to meet the requirements 
of Air Quality Monitoring 40 CFR part 58, subpart C Sec. 58.20.
    (35) On December 31, 1980, the State Department of Environmental 
Quality submitted an Oregon Air Containment Discharge Permit No. 36-6041 
Addendum No. 1 issued to Spaulding Pulp and Paper Company on December 
11, 1980; Oregon Air Discharge Containment Discharge Permit No. 26-3025, 
issued to Industrial Laundry Dry Cleaners, Inc., on December 1980 and 
Oregon Environmental Quality Commission Stipulation and Consent Final 
Order concerning Vanply, Inc., dated December 30, 1980.
    (36) On September 8, October 16, December 5, December 19, 1980, May 
29, 1981 and September 9, 1981, DEQ submitted revisions to the SIP 
designed to satisfy the conditions of approval published by EPA on June 
24, 1980 (45 FR 42265).
    (37) Specific air pollution control rules for the Medford AQMA (OAR 
340-30-005 through 340-30-070) submitted by the Department of 
Environmental Quality on May 26, 1978, and revisions submitted by the 
Department of Environmental Quality on February 14, 1980 (OAR-340-010 
and 340-30-020), October 29, 1980 (OAR 340-30-016, 340-30-035 and 340-
30-045), May 22, 1981 (OAR 340-30-010, 340-30-030 and 340-30-045) and 
September 9, 1981 (OAR 340-30-060).
    (38) Revisions to the Lane Regional Air Pollution Authority rules 
submitted by the Department of Environmental Quality on March 14, 1977 
(Title 22, Sections 010 and 020 and Table A), June 29, 1979 (Title 11, 
Section 015; Title 12, Sections 005 and 010; Title 13; Title 20, 
Sections 110, 115, 120, 125, 129 and 130; Title 21, Sections 010 and 
030; Title 32, Sections 005 and 010; Title 33, Sections 005, 010, 015 
and 065; Title 36; Title 42; Title 43; Title 44; and Title 45),

[[Page 743]]

November 6, 1979 (Title 22,Section 020 and Table A), and January 30, 
1980 (Title 36).
    (39) Conditions 5 and 6 of the Air Contaminant Discharge Permit for 
the Weyerhaeuser Company plant in Bly, Oregon (Permit Number: 18-0037) 
submitted by the Department of Environmental Quality on March 24, 1981.
    (40) Condition 4, 5, and 6 of the Air Contaminant Discharge Permit 
for the Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 
06-0007) submitted by the Department of Environmental Quality on March 
27, 1981.
    (41) Revisions to the agricultural open field burning rules (OAR 
340-26-005 through 340-26-030) submitted by the Department of 
Environmental Quality on April 23, 1981, and amended ``Smoke Management 
Program Operational Guidelines'' submitted by the Department of 
Environmental Quality on July 8, 1981.
    (42) Revisions to the rules for sulfite pulp mills (OAR 340-25-350 
through 340-25-390) submitted by the Department of Environmental Quality 
on June 2, 1980.
    (43) Revisions to the Air Quality Schedule of Civil Penalties (OAR 
340-12-050) submitted by the Department of Environmental Quality on 
February 14, 1980.
    (44) Revision to the ambient air quality standard for ozone (OAR 
340-31-030) submitted by the Department of Environmental Quality on June 
20, 1979.
    (45) On March 24, 1981, the State Department of Environmental 
Quality submitted control strategies for the Portland secondary total 
suspended particulates nonattainment area.
    (46) On March 23, 1981, the State Department of Environmental 
Quality submitted control strategies for the Eugene-Springfield 
secondary total suspended particulates nonattainment area.
    (47) On October 16, 1980, the State Department of Environmental 
Quality submitted revisions to the control strategies for the Salem 
ozone nonattainment area.
    (48) On August 17, 1981, the State Department of Environmental 
Quality submitted amendments to the operating rules for the Portland 
motor vehicle inspection program (OAR 340-24-300 through 350).
    (49) On March 11, 1982, the State of Oregon Department of 
Environmental Quality submitted three revisions to the Lane Regional Air 
Pollution Authority rules. They are:
    (i) Title 11 Definitions (Section 015.013, Air Conveying Systems),
    (ii) Title 22 Permits (Section 020, Fees),
    (iii) Title 32 Emission Standards (Section 800, Air Conveying 
System).
    (50) On March 11, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to their State ambient air 
quality standard for ozone (from 0.08 ppm to 0.12 ppm.
    (51) Amendments to the Air Contaminant Discharge Permit Rules 
submitted by the State Department of Environmental Quality on February 
15, 1977 (OAR 340-20-140 through 185), July 24, 1979 (OAR 340-20-155 
Table A, 165, 175 and 180) and May 22, 1981 (OAR 340-20-155 Table A).
    (52) Prevention of Significant Deterioration Rules (OAR 340-31-100, 
105 subsections (12), (15) and (16), 110, 115, 120 and 130) submitted by 
the State Department of Environmental Quality on June 20, 1979, and 
September 9, 1981.
    (53) New Source Review Rules (OAR 340-20-220 to 275, except Section 
225 subsections 7 and 11), except to the extent that they apply to 
marine vessel emissions, submitted by the State Department of 
Environmental Quality on September 9, 1981, and deletion of Special 
Permit Requirements for Sources Locating In or Near Nonattainment Areas 
(OAR 340-20-190 through 195).
    (54) Plant Site Emission Limit Rules (OAR 340-20-300 through 320) 
submitted by the State Department of Environmental Quality on September 
9, 1981, and deletion of the Plant Site Emission Limit Rules (OAR 340-
20-196 and 197).
    (55) On July 20, 1982, the State of Oregon Department of 
Environmental Quality submitted: (i) Carbon monoxide (CO) and ozone 
(O3) attainment plans for Portland which build upon those 
plans submitted in June 1979 and (ii) a request to extend the Portland 
CO and O3 attainment dates to December 31, 1985, and December 
31, 1987, respectively.
    (56) On August 9, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to remove

[[Page 744]]

the Mid-Willamette Valley Air Pollution Authority Regulations from the 
Oregon state implementation plan.
    (57) Amendments to the rules for primary aluminum plants submitted 
by the Oregon State Department of Environmental Quality on February 21, 
1974 (OAR 340-25-255 to 290), February 14, 1980 (OAR 340-25-265(4)(b) 
and 265(5)) and August 9, 1982 (OAR 340-25-255 to 285).
    (58) Amendments to the rules for equipment burning salt laden wood 
waste from logs stored in salt water (OAR 340-21-020) and removal of 
Conditions 4, 5, and 6 of the Air Contaminant Discharge Permit for the 
Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 06-
0007) submitted by the Oregon State Department of Environmental Quality 
on October 18, 1982.
    (59) On August 16, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to OAR 340-24-300 to 24-350 
(Vehicle Inspection Program Rules).
    (60) On January 24, 1983, the State of Oregon Department of 
Environmental Quality submitted a revision to add a lead strategy to the 
Oregon Implementation Plan and revise the State lead ambient air quality 
standard to agree with the Federal standard.
    (61) On December 13, 1982, the State of Oregon Department of 
Environmental Quality submitted two revisions to the Lane Regional Air 
Pollution Authority rules. The revisions are: (1) Title 32, Emission 
Standards (Section 800, Air Conveying Systems)--revision to compliance 
date and (2) Title 33, Prohibited Practices and Control of Special 
Classes (Section 070, Kraft Pulp Mills)--new rules.
    (62) Title 22 ``PERMITS'' of the Lane Regional Air Pollution 
Authority Rules, except to the extent that they apply to marine vessel 
emissions and except the definitions of ``dispersion technique'' and 
``good engineering practice stack height'', and Title 32 ``EMISSION 
STANDARDS'' Sections 32-100 through 32-104 of the Lane Regional 
Authority Rules, submitted by the State Department of Environmental 
Quality on March 2, 1983; clarifying letter dated June 20, 1984.
    (63) On May 6, 1983, the Oregon Department of Environmental Quality 
submitted revisions to its rules as follows:
    (A) Revisions to the ``New Source Review'' rule consisting of an 
amended section OAR 340-20-225, specifically, the deletion of the 
definitions of ``Dispersion Technique'' (OAR 340-20-225(7)) and ``Good 
Engineering Practice Stack Height'' (OAR 340-20-225(11)), the 
renumbering of OAR 340-20-225, the revision of the definition of 
``Nonattainment Area'' (OAR 340-20-225(14)), and changes to numerous 
references to coincide with the new numbering; the deletion of 
subsection OAR 340-20-240(7) ``Growth Increments'' and the addition of a 
new section OAR 340-20-241 ``Growth Increments;'' an amended section OAR 
340-20-245, specifically, revised subsections OAR 340-20-245(2)(c) and 
OAR 340-20-245(4), and changes to numerous references to coincide with 
the new numbering of the definitions in OAR 340-20-225; and amendment to 
subsection )AR 340-20-260(2); a revised reference in OAR 340-20-265(6) 
to coincide with the new numbering of a definition; and the deletion of 
section OAR 340-20-275 ``Stack Heights''.
    (B) The addition of a new ``Stack Heights and Dispersion 
Techniques'' rule (OAR 340-20-340 and 345);
    (C) Revisions to the ``Portable Hot Mix Asphalt Plants'' rule (OAR 
340-25-120; and
    (D) The deletion of OAR 340-22-108 ``Applicability of Alternative 
Control Systems.''
    (64) Amendments to the fees in the ``Air Contaminant Discharge 
Permit'' rule (OAR 340-20-155 Table 1 and OAR 340-20-165) submitted by 
the Oregon Department of Environmental Quality on June 3, 1983.
    (65) On October 26, 1983, and December 14, 1983, the State of Oregon 
Department of Environmental Quality submitted four separate revisions to 
their plan. On October 26, 1983, the State submitted a revised air 
emergency episode plan (OAR 340-27-005 through 340-27-030 (effective 
October 7, 1983), revisions to gasoline marketing rules for the Medford-
Ashland ozone nonattainment area (OAR 340-22-110(1)(a), effective 
October 7, 1983, and a revised ozone ambient air quality standard for 
the Lane Regional Air Pollution Authority (Section 31-035

[[Page 745]]

Ozone, effective July 12, 1983). On December 14, 1983, the State 
submitted revisions to the automobile inspection and maintenance program 
for Portland (OAR 340-24-306 through 340-24-350, effective November 18, 
1983). EPA is also approving OAR 340-27-035 which requires an 
``operation and maintenance manual'' for administering the provisions of 
the Emergency Episode Plan (effective October 7, 1983).
    (66) On October 20, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to the Medford, Oregon, 
Carbon Monoxide Attainment Plan which is contained in the Oregon State 
Implementation Plan. This plan builds upon the plan submitted in June 
1979.
    (67) On April 25, 1983, the State Department of Environmental 
Quality submitted Section 4.10, ``Medford-Ashland Air Quality 
Maintenance Area State Implementation Plan for Particulate Matter.''
    (68) Amendments to the Open Burning Rules (OAR 340-23-022 through 
115), submitted by the State Department of Environmental Quality on June 
5, 1984.
    (69) Amendments to the Refuse Burning Equipment Limitations rules, 
specifically OAR 340-21-005 (1) and (4), OAR 340-21-025(2)(b), and OAR 
340-21-027, were submitted by the State Department of Environmental 
Quality on January 16, 1984; and amendments to the Open Field Burning 
rules, specifically, the addition of new sections 340-21-001, 340-26-
003, 340-26-031, 340-26-035, 340-26-040 and 340-21-045, revisions to 
sections 340-26-005, 340-26-013, 340-26-015, 340-26-010 and replacing it 
with a new section 340-26-010, the deletion of the existing section 340-
26-011 and 340-26-020, were submitted by the State Department of 
Environmental Quality on March 14, 1984.
    (70) On December 10, 1984, the Oregon Department of Environmental 
Quality submitted revisions to its Civil Penalty Rules (OAR 340-12) 
which deleted Sections 005 through 025 and 052 through 068; amended 
Sections 030, 040 and 050; and added Sections 070 and 075. Sections 035 
and 045 were retained.
    (71) Revisions to the Oregon State Implementation Plan were 
submitted by the Director on July 26, 1984, and August 7, 1984. 
Revisions are woodstove certification program rules (OAR 340-21-100 to 
340-21-190), Oregon Revised Statutes 468.630 to 468.655 and amendment to 
field burning introduction (OAR 340-26-001) and repeal the field burning 
rules relating to tax credits (OAR 340-26-030).
    (i) Incorporation by reference:
    (A) Woodstove certification program rules (OAR 340-21-100 to 340-21-
190) as published in the Oregon Administrative Rules, November 1984.
    (B) The Oregon Revised Statutes 468.630 to 468.655 as signed by the 
Governor on July 5, 1984.
    (C) Amendment to the field burning rule introduction (OAR 340-60-
001) as adopted by the Oregon Environmental Commission on June 29, 1984.
    (72) Revisions to the Oregon SIP were submitted by the Director on 
May 6, 1985. Revisions are: Definitions to the Vehicle Inspection 
Operating Rules (OAR 340-24-305 (20) and (22)) and the Light Duty Motor 
Vehicle Emission Control Test Method (OAR 340-24-310 through 350 as 
amended).
    (i) Incorporation by reference.
    (A) Amendments to OAR (340-24-305 (20) and (22)) as adopted by the 
Environmental Quality Commission on November 2, 1984.
    (B) Amendments to OAR 340-24-310 through 350 as amended as adopted 
by the Environmental Quality Commission on April 19, 1985.
    (73) Amendments to the Lane Regional Air Pollution Authority Rules 
for Air Conveying Systems (Title 32, section 800) were submitted by the 
State Department of Environmental Quality on May 6, 1985.
    (i) Incorporation by reference.
    (A) Letter of May 6, 1985, to EPA from the Oregon Department of 
Environmental Quality, and Amendments to Title 32, section 800 of the 
Lane Regional Air Pollution Authority (LRAPA) as part of the Oregon 
State Implementation Plan. Revisions were approved at the LRAPA Board of 
Directors meeting on January 8, 1985, and approved by the Environmental 
Quality Commission on April 19, 1985.
    (74) On September 25, 1984, the State of Oregon Department of 
Environmental Quality submitted an amendment to OAR 340-20-047, 
specifically

[[Page 746]]

Section 5.2 ``VISIBILITY PROTECTION PLAN FOR CLASS I AREAS.'' On 
September 25, 1984, October 22, 1985, and March 19, 1986, the State of 
Oregon Department of Environmental Quality submitted amendments to the 
``New Source Review'' rules, specifically, amendments to OAR 340-20-225, 
OAR 340-20-230(1)(e) and (f), OAR 340-20-245(5), and OAR 340-20-245(7) 
(submitted on 9/25/84), amendments to OAR 340-20-245(3) (submitted on 9/
25/84 and 10/22/85), OAR 340-20-276 (submitted on 9/25/84), and 
amendments to OAR 340-20-276(1) (submitted on 10/22/85 and 3/19/86).
    (i) Incorporation by reference.
    (A) Letter of September 25, 1984, from the Oregon State Department 
of Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on September 14, 1984, as follows:
    (1) OAR 340-20-047, Section 5.2 ``VISIBILITY PROTECTION PLAN FOR 
CLASS I AREAS,'' except for ``Reserved'' subsections 5.2.5 ``Best 
Available Retrofit Technology,'' 5.2.6 ``Integral Vistas,'' and 5.2.7 
``Control Strategies;''
    (2) OAR 340-20-225 ``Definitions'' as amended;
    (3) OAR 340-20-230 ``Procedural Requirements,'' subsection (1) 
``Information Required,'' paragraphs (e) and (f) as amended;
    (4) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (5) ``Air Quality Monitoring,'' paragraph (a) as amended;
    (5) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (7) ``Sources Impacting Class I areas'' as amended.
    (B) Letter of October 22, 1985, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on September 27, 1985, as follows:
    (1) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (3) ``Exemption for Sources Not Significantly Impacting 
Designated Nonattainment Areas,'' paragraph (a) as amended.
    (C) Letter of March 19, 1986, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on November 22, 1985, as follows:
    (1) OAR-340-20-276 ``Visibility Impact'' as amended.
    (75) A revision to the Oregon State Implementation Plan was 
submitted by the Director of Department of Environmental Quality (DEQ) 
on October 9, 1985, and supplemented with technical appendices on 
February 13, 1986. This revision adds a mandatory vehicle Inspection and 
Maintenance (I/M) program to the existing Medford Carbon Monoxide plan, 
modifies the Oregon I/M regulations for underhood inspections by 
eliminating tampering checks of 1974 and older model vehicles and 
removes the existing section 110(a)(2)(I) construction moratorium.
    (i) Incorporation by reference.
    (A) A letter dated October 9, 1985, from Department of Environmental 
Quality to EPA Region 10.
    (B) A letter dated February 13, 1986, from Department of 
Environmental Quality to EPA Region 10.
    (C) OAR 340-24-301 (Boundary Designations), OAR 340-24-320 (Light 
Duty Motor Vehicle Emission Control Test Criteria), and OAR 340-24-325 
(Heavy Duty Motor Vehicle Emission Control Test Criteria), which were 
adopted by the Environmental Quality Commission on September 27, 1985.
    (D) October 20, 1982 letter to EPA from the Department of 
Environmental Quality and section 4.9.3.2 (Emission Reduction Necessary 
for Attainment) of the Control Strategy for Medford-Ashland Air Quality 
Maintenance Area 1982 State Implementation Plan Revision for Carbon 
Monoxide as adopted by the Environmental Quality Commission on October 
15, 1982.
    (E) Section 4.9.5.1 (Reasonable Further Progress) of the Control 
Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State 
Implementation Plan Revision for Carbon Monoxide as adopted by the 
Environmental

[[Page 747]]

Quality Commission on October 15, 1982.
    (F) Section 4.9.5.5 (Conformity of Federal Actions) of the Control 
Strategy for Medford-Ashland Quality Maintenance Area 1982 State 
Implementation Plan Revision for Carbon Monoxide as adopted by the 
Enviromental Quality Commission on October 15, 1982.
    (G) Section 4.9.4 (Control Strategy) of the Control Strategy for 
Medford-Ashland Air Quality Maintenance Area 1982 State Implementation 
Plan Revision for the Carbon Monoxide as adopted by the Environmental 
Quality Commission on October 15, 1982.
    (76) Revisions to the Oregon State Implementation Plan were 
submitted by the Director of the Department of Environmental Quality on 
August 5, 1985. Revisions are: Extension of existing emission standards 
for veneer dryers (OAR 340-25-315) to include sources located in special 
problem areas, and the deletion of any references to the implementation 
of compliance dates which have already passed.
    (i) Incorporation by reference.
    (A) Letter of August 5, 1985, from the Department of Environmental 
Quality to EPA and Amendments to OAR 340-25-315, Veneer and Plywood 
Operations Rule, as adopted by the Environmental Quality Commission on 
July 19, 1985.
    (77) On February 28, 1985, the Director of the Oregon Department of 
Environmental Quality submitted a request to EPA to redesignate the 
Medford-Ashland Air Quality Maintenance Area (AQMA) from nonattainment 
to attainment for the primary O3 standard and a plan to 
maintain that standard.
    (i) Incorporation by reference:
    (A) Letter of February 28, 1985, from Oregon State Department of 
Environmental Quality to EPA Region 10.
    (B) Oregon Administrative Rules, Chapter 340, Division 20, Section 
4.8 ``Medford-Ashland Air Quality Maintenance Area Plan for Maintenance 
of Ozone Standard,'' adopted by the Oregon Environmental Quality 
Commission on January 25, 1985.
    (78) On May 30, 1986, the State of Oregon Department of 
Environmental Quality submitted a new rule, OAR 340-20-037 ``Stack 
Heights and Dispersion Techniques'' and requested the deletion of the 
existing rules, OAR 340-20-340 and 345 ``Stack Heights and Dispersion 
Techniques''. On October 23, 1987, the State of Oregon Department of 
Environmental Quality submitted a letter indicating how this new rule 
will be implemented until a definition of the terms ``emission 
limitation'' and ``emission stan
    (i) Incorporation by reference.
    (A) Letter of May 30, 1986, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, Section 037 ``Stack 
Heights and Dispersion Techniques'', adopted by the Environmental 
Quality Commission on April 25, 1986.
    (B) Letter of October 23, 1987, from the Oregon State Department of 
Environmental Quality to EPA Region 10.
    (79) Revisions to the Oregon State Implementation Plan were 
submitted by the Director of the Department of Environmental Quality of 
October 15, 1986. Revisions are: OAR 340-24-330 (Light Duty Motor 
Vehicle Emission Control Cutpoints or Standards) and OAR 340-24-335 
(Heavy Duty Gasoline Motor Vehicle Emission Control Emission Standards).
    (i) Incorporation by reference.
    (A) Letter dated October 15, 1986 from the Director of the 
Department of Environmental Quality to EPA Region 10.
    (B) OAR 340-24-330 (Light Duty Motor Vehicle Emission Control 
Cutpoints or Standards) as adopted by the Environmental Quality 
Commission on September 12, 1986.
    (C) OAR 340-24-335 (Heavy Duty Gasoline Motor Vehicle Emission 
Control Emission Standards) as adopted by the Environmental Quality 
Commission on September 12, 1986.
    (80) On May 23, 1986, the State of Oregon Department of 
Environmental Quality submitted a new paragraph (12), of OAR 340-20-165 
``Fees'', as a revision to the State Implementation Plan. This paragraph 
allows regional air pollution authorities to set a permit fee schedule 
for sources within their jurisdiction.
    (i) Incorporation by reference.
    (A) Letter dated May 23, 1986, from the State of Oregon Department 
of Environmental Quality to EPA Region 10.

[[Page 748]]

Oregon Administrative Rule, Chapter 340, Division 20, Section 340-20-165 
``Fees'', paragraph (12), adopted by the Environmental Quality 
Commission on March 14, 1986.
    (81) Oregon Administrative Rules (OAR) Chapter 340, Division 20, 
Sections 200 through 215 (Conflict of Interest) submitted by the 
Director of the Department of Environmental Quality on May 30, 1986. 
These rules apply only to the Department of Environmental Quality and 
the Environmental Quality Commission, and not to the Lane Regional Air 
Pollution Authority and its Board of Directors.
    (i) Incorporation by reference.
    (A) Letter dated May 20, 1986, from the State of Oregon Department 
of Environmental Quality to EPA Region 10. Oregon Administrative Rules, 
Chapter 340, Division 20, Sections 200, 205, 210, and 215 (Conflict of 
Interest) which was adopted by the Environmental Quality Commission on 
April 25, 1986.
    (82) On November 24, 1986, and supplemented on January 8, 1987, the 
Director of the Department of Environmental Quality submitted the Grants 
Pass carbon monoxide control strategy as a revision to the Oregon State 
Implementation Plan.
    (i) Incorporation by reference.
    (A) Letter dated November 24, 1986, from the Director of the 
Department of Environmental Quality to EPA Region 10.
    (B) State of Oregon Clean Air Act Implementation Plan Section 4.11 
Grants Pass Carbon Monoxide Control Strategy as adopted by the 
Environmental Quality Commission on October 24, 1986.
    (ii) Additional information.
    (A) Letter dated January 8, 1987, from the Director of the 
Department of Environmental Quality to EPA Region X.
    (B) Technical appendices for the Grants Pass Carbon Monoxide Control 
Strategy, Appendix 4.11.1 through 10.
    (83) On March 3, 1987, the Director of the Department of 
Environmental Quality submitted amendments to the Oregon visibility 
protection program as a revisions to the Oregon state implementation 
plan, specifically OAR 340-20-047, section 5.2 ``Visibility Protection 
Plan for Class I Areas,'' OAR 629-43-043 ``Smoke Management Plan,'' and 
Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke 
Management Program.''
    (i) Incorporation by reference.
    (A) Two letters dated March 3, 1987, from the Director of the 
Department of Environmental Quality to EPA Region 10 establishing the 
effective dates for Oregon Administrative Rules referenced in paragraphs 
(c)(83)(i) (B), (C), and (D) of this section.
    (B) Oregon Administrative Rule, Chapter 340, Division 20, section 
047, section 5.2 ``Visibility Protection Plan for Class I Areas'' as 
adopted by the Environmental Quality Commission on October 24, 1986.
    (C) Oregon Administrative Rule, Chapter 629, Division 43, section 
043 ``Smoke Management Plan'' as adopted by the Environmental Quality 
Commission on December 12, 1986.
    (D) Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke 
Management Program'' as adopted by the Environmental Quality Commission 
on December 12, 1986.
    (84) On September 28, 1988, the Director of the Department of 
Environmental Quality submitted the Lane Regional Air Pollution 
Authority Section 12-025 ``Conflict of Interest,'' of Title 12, ``Duties 
and Powers of Board and Director,'' adopted as Oregon Administrative 
Rules, Chapter 340, Division 20, Section 047, as a revision to the State 
implementation plan.
    (1) Incorporation by reference.
    (i) September 28, 1988, letter from the Director of the Department 
of Environmental Quality to EPA Region 10.
    (ii) Lane Regional Air Pollution Authority Section 12-025 ``Conflict 
of Interest,'' of Title 12, ``Duties and Powers of Board and Director,'' 
as adopted as Oregon Administrative Rules, Chapter 340, Division 20, 
Section 047. This rule was adopted by the Environmental Quality 
Commission on September 9, 1988.
    (85) On February 17, 1989, the State of Oregon Department of 
Environmental Quality submitted amendments to the Procedures for 
Issuance, Denial, Modification, and Revocation of Permits (OAR 340-14-
007, 010, 020 (and 025), Air Contaminant Discharge Permit Notice Policy 
(OAR 340-20-150), and the New

[[Page 749]]

Source Review Procedural Requirements (OAR 340-20-230).
    (i) Incorporation by reference.
    (A) February 17, 1989, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 14 
(Procedures for Issuance, Denial, Modification, and Revocation of 
Permits), section -007 (Exceptions); -010 (Definitions) (3); -020 
(Application for a Permit) (1), (4)(b), and (5); -025 (Issuance of a 
Permit) (2), (3), (4), (5), and (6) as adopted by the Environmental 
Quality Commission on June 10, 1988.
    (C) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, Air Contaminant Discharge Permit), Section -150 (Air 
Contaminant Discharge Permit Notice Policy) as adopted by the 
Environmental Quality Commission on June 10, 1988.
    (D) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, New Source Review), Section -230 (Procedural 
Requirements) (3)(D) as adopted by the Environmental Quality Commission 
on June 10, 1988.
    (86) Revisions to the Oregon State Implementation Plan were 
submitted by the Director of the Department of Environmental Quality on 
February 24, 1989. The revision is to OAR-340-24-300 through 350 
(Vehicle Inspection Program Operating Rules, Test Procedures and 
Licensed Exhaust Analyzer).
    (i) Incorporation by reference.
    (A) Letter dated February 24, 1989, from the Director of the 
Department of Environmental Quality to EPA Region 10.
    (B) OAR 340-24-301 [Boundary Designations] (2); OAR 340-24-310 
[Light Duty Motor Vehicle Emission Control Test Method] (6); OAR 340-24-
320 (Light Duty Motor Vehicle Emission Control Test Criteria) (3)(a) 
introductory text, (3)(b)(4), (5), and (6)(a); OAR 340-24-325 [Heavy 
Duty Gasoline Motor Vehicle Emission Control Test Criteria] (3)(a) 
introductory text, (4), and (5); OAR 340-24-330 (Light Duty Motor 
Vehicle Emission Control Cutpoints or Standards) (3); and OAR 340-24-350 
(Gas Analytical System Licensing Criteria) (1)(a)(C), (1)(a)(E), and 
(1)(c) as adopted by the Environmental Quality Commission on September 
9, 1988.
    (87) On May 30, 1986, the Director of the Department of 
Environmental Quality submitted revisions to Volume 2 ``The Federal 
Clean Air Act Implementation Plan (and Other State Regulations)'' and on 
July 11, 1986, a revised Section 3 ``Statewide Regulatory Provisions'' 
`Subsection 3.1 Oregon Administrative Rule--Chapter 340' (OAR 340-30-
015, 030, 031, 040, and 055) as revisions to the Oregon State 
Implementation Plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) July 11, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (C) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations)'' Section 1 (Introduction); Section 2 (General 
Administration); Section 3 (Statewide Regulatory Provisions) 
Introduction; Section 4 (Control Strategies for Nonattainment Areas) 
Introduction; Section 5 (Control Strategies for Attainment and 
Nonattainment Areas) Introduction and Section 5.2 (Prevention of 
Significant Deterioration); Section 6 (Ambient Air Quality Monitoring 
Program); Section 8 (Public Involvement); and Section 9 (Plan Revisions 
and Reporting), dated January 1986, as adopted by the Environmental 
Quality Commission on April 25, 1986.
    (D) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations),'' Section 3 (Statewide Regulatory Provisions), 
Subsection 3.1 Oregon Administrative Rule--Chapter 340 (OAR 340-14-005 
to 050 [Procedures for Issuance, Denial, Modification, and Revocation of 
Permits] dated 10-1-89, OAR 340-20-046 [Records; Maintaining and 
Reporting] effective 10-1-72, OAR 340-20-047 [State of Oregon Clean Air 
Act Implementation Plan] effective 9-30-85, OAR 340-30-015 [Wood Waste 
Boilers] effective 10-29-80, and OAR 340-31-105 [Definitions]) effective 
9-8-81.

[[Page 750]]

    (E) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations),'' Section 3 ``(Statewide Regulatory 
Provisions)'', Subsection 3.1 Oregon Administrative Rule--Chapter 340, 
Division 30 (Specific Air Pollution Control Rules for the Medford-
Ashland Air Quality Maintenance Area), Section 015 (Wood Waste Boilers); 
Section 030 (Wood Particle Dryers at Particleboard Plants); Section 031 
(Hardboard Manufacturing Plants); Section 040 (Charcoal Processing 
Plants); and Section 055 (Source Testing) as adopted by the 
Environmental Quality Commission on June 13, 1986.
    (88) A revision to the Oregon State Implementation Plan was 
submitted by the Director of the Oregon Department of Environmental 
Quality on September 14, 1989. The revision OAR-340-22-300 (Standard for 
Automotive Gasoline) is approved in full with the exception of section 
300 (6). EPA only approves the sampling procedures and test methods 
specified in 40 CFR part 80 and is taking no action on the other test 
procedures referenced in section 300 (6) specifically the ASTM 
D323 method and the California Air Resources rule methods.
    (i) Incorporation by reference.
    (A) Letter dated September 14, 1989, from the Director of the Oregon 
Department of Environmental Quality to EPA Region 10. (B) Oregon 
Administrative Rule, chapter 340, Division 22 (General Gaseous 
Emissions), section 300 (standard for Automotive Gasoline) as adopted by 
the Environmental Quality Commission on June 2, 1989.
    (89) On January 2, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (the Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: OAR chapter 
340, Division 20, Sections 350 to 380 (Excess Emissions). The Department 
of Environmental Quality also repealed OAR 340-21-070 and OAR 340-21-075 
from the state of Oregon's Air Quality Control Plan Volume 2.
    (i) Incorporation by reference.
    (A) January 2, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (General); 
-350 (Purpose and Applicability); -355 (Definitions); -360 (Planned 
Startup and Shutdown); -365 (Scheduled Maintenance); -370 (Upsets and 
Breakdowns); -375 (Reporting Requirements); and -380 (Enforcement Action 
Criteria) as adopted by the Environmental Quality Commission on may 25, 
1990, and were effective on January 2, 1991.
    (90) On January 14, 1991, the State of Oregon Department of 
Environmental Quality submitted amendments to the Parking Offsets in the 
Portland Central business District (OAR-340-20-405 through 340-20-430) 
in the State of Oregon Air Quality Control Program.
    (i) Incorporation by reference.
    (A) Letter dated January 4, 1991, from the Director of the 
Department of Environmental Quality to EPA Region 10 submitting an 
amendment to the Oregon Implementation Plan.
    (B) Oregon Administrative Rules Chapter 340, Division 20 (Air 
Pollution) Control), section 405 through 430 (Parking Offsets in the 
Portland Central Business district). These rules were adopted by the 
Environmental Quality Commission on December 14, 1990.
    (91) On September 14, 1989, the State of Oregon Department of 
Environmental Quality submitted an amendment to the rules for Notice of 
Construction and Approval of Plans (OAR-340-20-030).
    (i) Incorporation by reference.
    (A) September 14, 1989, letter from the Director of the Department 
of Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, Notice of Construction and Approval of Plans) Section 
-030 (Procedure), (4)(a) as adopted by the Environmental Quality 
Commission on April 14, 1989.
    (92) On November 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (the Federal Clean Air Act State 
Implementation Plan and

[[Page 751]]

other State Regulations) as follows: Division 34--Residential 
Woodheating in OAR Chapter 340 which contains OAR 340-34-001 to 34-115 
(Oregon Woodstove Certification--previously Division 21-100 to 21-190 of 
OAR Chapter 340); a new section OAR 340-34-150 to 34-175 (Woodburning 
Curtailment); and a new section OAR 340-34-200 to 34-215 (Woodstove 
Removal Contingency Program for PM10 Nonattainment Areas). 
Also OAR 340-23-030, 043, & 090 (Rules for Open Burning).
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 34 
(Residential Wood Heating), section--001 (Purpose); -005 (Definitions); 
-010 (Requirements for the Sale of Woodstoves); -015 (Exemptions); -020 
(Civil Penalties); -050 (Emission Performance Standards & 
Certification); -055 (Efficiency Testing Criteria & Procedures); -060 
(General Certification Procedures); -065 (Changes in Woodstove Design); 
-070 (Labelling Requirements); -075 (Removal Label); -080 (Label 
Approval); -085 (Laboratory Accreditation Requirements); -090 
(Accreditation Criteria); -095 (Application for Laboratory Efficiency 
Accreditation); -100 (On-Site Laboratory Inspection and Stove Testing 
Proficiency Demonstration); -105 (Accreditation Application Deficiency, 
Notification and Resolution); -110 (Final Department Administrative 
Review and Certificate of Accreditation); -115 (Revocation and Appeals); 
-150 (Applicability); -155 (Determination of Air Stagnation Conditions); 
-160 (Prohibition on Woodburning During Periods of Air Stagnation); -165 
(Public Information Program); -170 (Enforcement); -175 (Suspension of 
Department Program); -200 (Applicability); -205 (Removal and Destruction 
of Uncertified Stove Upon Sale of Home); -210 (Home Seller's 
Responsibility to Verify Stove Destruction); -215 (Home Seller's 
Responsibility to Disclose) as adopted by the Environmental Quality 
Commission on November 8, 1991 and effective on November 13, 1991.
    (C) Oregon Administrative Rules, Chapter 340, Division 23 (Rules for 
Open Burning), section -030 (Definitions); -043 (Open Burning Schedule); 
and -090 (Coos, Douglas, Jackson and Josephine Counties) as adopted by 
the Environmental Quality Commission on November 8, 1991 and effective 
on November 13, 1991.
    (93) On November 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: Division 
21--General Emission Standards for Particulate Matter in Chapter 340 
which contains OAR 340-21-200 to -245.
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon State implementation plan.
    (B) Oregon Administrative Rules, chapter 340, Division 21 (General 
Emission Standards for Particulate Matter) section Industrial 
Contingency Requirements for PM-10 Nonattainment Areas; -200 (Purpose); 
-205 (Relation to Other Rules); -210 (Applicability); -215 
(Definitions); -220 (Compliance Schedule for Existing Sources); -225 
(Wood-Waste Boilers); -230 (Wood Particulate Dryers at Particleboard 
Plants); -235 (Hardboard Manufacturing Plants) -240 (Air Conveying 
Systems); and -245 (Fugitive Emissions) as adopted by the Environmental 
Quality Commission on November 8, 1991 and effective on November 13, 
1991.
    (94) On May 30, 1986, and on November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to State of 
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act 
State Implementation Plan and other State Regulations) as follows: 
Division 25--Board Products Industries in OAR Chapter 340 which contains 
OAR 340-25-305 to 315.
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.

[[Page 752]]

    (B) Oregon Administrative Rules, Chapter 340, Division 25 (Specific 
Industrial Standards) section-305 (Definitions); and -315 (Veneer and 
Plywood Manufacturing Operations) as adopted by the Environmental 
Quality Commission on November 8, 1991 and effective on November 13, 
1991.
    (C) May 30, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (95) On May 20, 1988, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: Chapter 340 
Division 27 (Air Pollution Emergencies) section -005, -010, and -012.
    (i) Incorporation by reference.
    (A) May 20, 1988, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, chapter 340, Division 27 (Air 
Pollution Emergencies) section -005 (Introduction); -010 (Episode Stage 
Criteria for Air Pollution Emergencies) and -012 (Special Conditions) as 
adopted by the Environmental Quality Commission on April 29, 1988, and 
effective on May 19, 1988.
    (96) On May 30, 1986, December 5, 1986, May 8, 1987, March 3, 1989, 
March 12, 1990, June 8, 1990, and November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to the State of 
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State 
Implementation Plan and Other State Regulations). The revisions updated 
the Lane Regional Air Pollution Authority rules by adding new Titles 12, 
14, 34, 38, and 47; revising existing Titles 11, 12, 15 (previously 
Title 13), 32, 33, 50 (previously Title 31), and 51; rescinding existing 
Titles 21, 22, and 36; and removing existing Titles 20, 42, 44, and 45 
from the EPA-approved state implementation plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Oregon Department 
of Environmental Quality (ODEQ) to EPA Region 10 submitting amendments 
to the Oregon state implementation plan. Revisions were to: Title 11 
(Policy and General Provisions), Title 12 (General Duties and Powers of 
Board and Director), Title 14 (Definitions), Title 32 (Emission 
Standards) and Title 33 (Prohibited Practices and Control of Special 
Classes), Title 34 (Air Contaminant Discharge Permits), Title 38 (New 
Source Review), and Title 47 (Rules for Open Outdoor Burning) as adopted 
by the Environmental Quality Commission on April 25, 1986, and state 
effective on May 8, 1986.
    (B) December 5, 1986, letter from the Director of ODEQ to EPA Region 
10 submitting amendments to the Oregon state implementation plan. 
Revisions were to: Title 14 (Definitions) and Title 38 (New Source 
Review) as adopted by the Environmental Quality Commission on October 
24, 1986, and state effective on October 24, 1986.
    (C) May 8, 1987, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 34 (Air Contaminant Discharge Permits) as adopted by the 
Environmental Quality Commission on April 17, 1987, and state effective 
on April 22, 1987.
    (D) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 34 (Air Contaminant Discharge Permits), as adopted by the 
Environmental Quality Commission on November 4, 1988, and state 
effective on December 20, 1988.
    (E) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 14 (Definitions), Title 31 which was revised and 
repromulgated as Title 50 (Ambient Air Standards), Title 38 (New Source 
Review), and Title 51 (Air Pollution Emergencies), as adopted by the 
Environmental Quality Commission on November 4, 1988, and state 
effective on December 20, 1988.
    (F) March 12, 1990, letter from ODEQ to EPA Region 10 submitting 
amendments to the Oregon state implementation plan. Revisions were to: 
Title 34

[[Page 753]]

(Air Contaminant Discharge Permits) as adopted by the Environmental 
Quality Commission on March 2, 1990, and state effective on February 14, 
1991.
    (G) June 8, 1990, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 13 (Enforcement Procedures) which was revised and 
repromulgated as Title 15 (Enforcement Procedures and Civil Penalties) 
as adopted by the Environmental Quality Commission on May 25, 1990, and 
state effective on February 14, 1991.
    (H) November 15, 1991, letter from the Director of ODEQ to EPA 
Region 10 submitting amendment to the Oregon state implementation plan. 
Revisions were a new Title 12 (Definitions), and changes to Title 34 
(Air Contaminant Discharge Permits) and Title 38 (New Source Review) as 
adopted by the Environmental Quality Commission on November 8, 1991, and 
state effective on November 13, 1991.
    (I) August 26, 1993, supplemental information letter from ODEQ to 
EPA Region 10 assuring EPA that draft and proposed regulations submitted 
from Lane Regional Air Pollution Authority (LRAPA) as final versions of 
the rules were in fact made final with no change.
    (97) On October 13, 1989, and November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to OAR chapter 
340 Division 30 (Specific Air Pollution Control Rules for Areas With 
Unique Air Quality Control Needs) as revisions to the State of Oregon's 
Air Quality Control Plan Volume 2 (The Federal Clean Air State 
Implementation Plan and Other State Regulations).
    (i) Incorporation by reference.
    (A) October 13, 1989, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (C) Oregon Administrative Rule 340 Division 30 (Specific Air 
Pollution Control Rules for Medford-Ashland Air Quality Maintenance Area 
and the Grants Pass Urban Growth Area) -010 (Definitions); -015 (Wood 
Waste Boilers) (except for (3)(c)); -025 (Air Conveying Systems); -040 
(Charcoal Producing Plants); -043 (Control of Fugitive Emissions 
(Medford-Ashland AQMA Only); -044 (Requirement for Operating and 
Maintenance Plans (Medford-Ashland AQMA Only); -045 (Compliance 
Schedules); -046 (Emission Limits Compliance Schedules); -050 
(Continuous Monitoring); -055 (Source Testing; -065 (New Source); -067 
(Rebuilt Sources); as adopted by the Environmental Quality Commission on 
September 7, 1989, and effective on September 7, 1989.
    (D) Oregon Administrative Rule 340 Division 30 (Specific Air 
Pollution Control Rules for Areas with Unique Air Quality Control Needs) 
section -005 (Purpose and Application; -010 (Definitions); -012 
(Application); -015 (Wood Waste Boilers) (except for (3)(c)); -021 
(Veneer Dryer Emission Limitations); -030 (Wood Particle Dryers At 
Particleboard Plants); -043 (Control of Fugitive Emissions (Medford-
Ashland AQMA Only); -044 (Requirements for Operating and Maintenance 
Plans (Medford-Ashland AQMA Only); -046 (Emission Limits Compliance 
Schedules); -050 (Continuous Monitoring); -055 (Source Testing); -065 
(New Sources); -067 (Rebuilt Sources); -115 (Dual Fuel Feasibility Study 
for Wood-Waste Boilers); -200 (Application), -205 (Compliance Schedule 
for Existing Sources), -210 (Woodwaste Boilers); -215 (Wood Particle 
Dryers At Particleboard Plants); -220 (Hardboard Manufacturing Plants); 
-225 (Air Conveying System), and -230 (Fugitive Emissions) as adopted by 
the Environmental Quality Commission on November 8, 1991, and effective 
on November 13, 1991.
    (98) On October 14, 1992, the Director of the Department of 
Environmental Quality submitted revisions to Oregon's Sampling Manual 
(Volumes I and II) and the inclusion of a new Continuous Emission 
Monitoring Manual as revision to the State of Oregon's Air Quality 
Control Plan Volume 2 (The Federal Clean Air State Implementation Plan 
and Other State Regulations).
    (i) Incorporation by reference.

[[Page 754]]

    (A) October 14, 1992, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon's Sampling Manual (Volumes I and II) as adopted by the 
Oregon Environmental Quality Commission on January 23, 1992, and 
effective on January 23, 1992.
    (C) Continuous Emission Monitoring Manual as adopted by the Oregon 
Environmental Quality Commission on January 23, 1992, and effective on 
February 4, 1992.
    (99) On November 21, 1990, the Director of the Department of 
Environmental Quality (ODEQ) submitted a State Implementation Plan for 
Particulate Matter, Grants Pass, Oregon, Moderate Nonattainment Area, A 
Plan for Attaining and Maintaining the National Ambient Air Quality 
Standards for PM10. On November 15, 1991, the Director of 
ODEQ submitted an Addendum to the November 21, 1990 submittal.
    (i) Incorporation by reference.
    (A) November 21, 1990, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting revisions to the 
Oregon state implementation plan.
    (B) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting revisions to the 
Oregon state implementation plan.
    (C) State Implementation Plan for Particulate Matter, Grants Pass, 
Oregon Nonattainment Area, A Plan for Attaining and Maintaining the 
National Ambient Air Quality Standards for PM10 dated 
November 1990, adopted by the Environmental Quality Commission on 
November 2, 1990 and effective on November 2, 1990.
    (D) PM10 Control Strategy for Particulate Matter 
(Addendum) Grants Pass, Oregon Nonattainment Area, A Plan for Attaining 
and Maintaining the National Ambient Air Quality Standards for 
PM10 dated October 1991, adopted by the Environmental Quality 
Commission on November 8, 1991, and effective on November 13, 1991.
    (100) On May 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to the State of Oregon 
Implementation plans for volatile organic compound emissions (OAR 340-
22-100 through 340-22-220, General Emission Standards for Volatile 
Organic Compounds), to bring about attainment of the National ambient 
air quality standards in ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) May 15, 1991, letter from Oregon Department of Environmental 
Quality to EPA Region 10 submitting the VOC nonattainment area state 
implementation plan for Oregon.
    (B) OAR 340-22-100 through 340-22-220, General Emission Standards 
for Volatile Organic Compounds, as adopted on May 14, 1991, and became 
effective on May 16, 1991.
    (101) On July 28, 1989, the state of Oregon, through the Oregon 
Department of Environmental Quality, submitted a maintenance plan and a 
request to redesignate Eugene-Springfield to attainment for carbon 
monoxide (CO).
    (i) Incorporation by reference.
    (A) July 28, 1989, letter from Oregon Department of Environmental 
Quality to EPA Region 10 submitting a maintenance plan and a 
redesignation request for the Eugene-Springfield CO Air Quality 
Maintenance Area (AQMA). This plan was submitted as an amendment to the 
State of Oregon Implementation Plan and adopted by the Oregon Department 
of Environmental Quality Commission on December 9, 1988.
    (B) Attainment Demonstration and Maintenance Plan for the Eugene-
Springfield AQMA for CO.
    (C) Letter from Lane Regional Air Pollution Authority and Lane 
Council of Governments, dated February 27, 1992, to EPA Region 10, 
committing to submit a contingency plan if a violation of the CO NAAQS 
occurs.
    (102) On November 16, 1992, and on November 15, 1993, the Director 
of the Department of Environmental Quality submitted Emission Statement 
Rules as amendments to the State of Oregon Implementation Plan. The 
November 15, 1993, Emission Statement Rules revision to OAR chapter 340, 
Division 28, State of Oregon Implementation Plan, superseded the 
November 16, 1992 submittal.
    (i) Incorporation by reference.

[[Page 755]]

    (A) November 16, 1992, letter from Oregon Department of 
Environmental Quality to EPA Region 10 submitting the emission statement 
SIP revision. This revision was submitted as an amendment to the State 
of Oregon Implementation Plan and adopted by the Environmental Quality 
Commission on November 10, 1992.
    (B) Emission Statement Rules submitted as an amendment to the State 
of Oregon Implementation Plan, effective November 12, 1992.
    (C) November 15, 1993, letter from Oregon Department of 
Environmental Quality to EPA Region 10 submitting a revision to the 
Emission Statement Rules. This revision was submitted as an amendment to 
the State of Oregon Implementation Plan and adopted by the Environmental 
Quality Commission on September 10 and October 29, 1993.
    (D) Emission Statement Rules submitted as an amendment to the State 
of Oregon Implementation Plan, revising the air quality regulations in 
OAR, Chapter 340, Division 28, effective September 24, 1993.
    (E) December 20, 1993, Completeness Determination letter to Oregon 
Department of Environmental Quality from EPA Region 10, advising that 
the November 15, 1993, Emission Statement Rules submittal is a 
technically and administratively complete SIP revision.
    (103) On May 14, 1993, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a committal state implementation 
plan (SIP) for a basic inspection and maintenance (I/M) program for 
Portland and Medford-Ashland CO nonattainment areas. On November 15, 
1993, ODEQ submitted the basic I/M program.
    (i) Incorporation by reference.
    (A) May 14, 1993, letter from the Director of ODEQ to EPA Region 10 
submitting a committal SIP for the I/M program.
    (B) November 15, 1993, letter from the Director of ODEQ to EPA 
Region 10 submitting the I/M program for moderate CO nonattainment 
areas.
    (C) OAR 340-24-309 through 350, ``Motor Vehicles,'' adopted on 
October 29, 1993, and effective on November 4, 1993.
    (104) On November 16, 1992, the Oregon State Department of 
Environmental Quality submitted the formal SIP revision to Oregon's 
Administrative Rules (OAR) 340-20-136 and 340-22-440 through 340-22-640, 
adopted as part of the state of Oregon Clean Air Act Implementation Plan 
through OAR 340-20-047. This revision establishes and requires the 
implementation of an oxygenated gasoline program in the Clackamas, 
Jackson, Multnomah, Washington and Yamhill counties, and an eleven by 
twelve mile area surrounding Klamath Falls and a nine mile by nine mile 
area surrounding Grants Pass.
    (i) Incorporation by reference.
    (A) The November 16, 1992, letter from the Director of the Oregon 
State Department of Environmental Quality to EPA Region 10 submitting 
revisions to the Oregon SIP.
    (B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR 340-
20-136 and 340-22-440 through 340-22-640, adopted as part of the State 
of Oregon Clean Air Act Implementation Plan through OAR 340-20-047, 
effective November 1, 1992.
    (105) On November 15, 1993, the Director of ODEQ submitted Oregon's 
contingency measure plan as a revision to Oregon's SIP for carbon 
monoxide (CO) for Grants Pass, Medford, Portland, and Klamath Falls, 
Oregon.
    (i) Incorporation by reference.
    (A) November 15, 1993, letter from the Director of ODEQ to EPA 
Region 10 submitting amendments to the Oregon SIP.
    (B) Oregon Administrative Rules, Chapter 340-22-440 through 340-22-
650, Vol. 2, Sections 4.2, 4.9, 4.ll, Carbon Monoxide Control 
Strategies, effective November 4, 1993.
    (106) On February 4, 1994, the Oregon Department of Environmental 
Quality (ODEQ) submitted the formal SIP revision to Oregon's 
Administrative Rules (OAR) 340-34-005 through 340-34-115 (Residential 
Woodheating and Woodstove Certification Program). This revision includes 
the repeal of OAR 340-34-55, OAR 340-34-65 as well as OAR 340-34-075 
through 340-34-115.
    (i) Incorporation by reference.
    (A) February 4, 1994, letter from the Director of ODEQ to EPA Region 
10

[[Page 756]]

submitting a revision to the Woodstove Certification and Efficiency 
Testing Program.
    (B) OAR 340-34-005 through 115, Residential Woodheating and 
Woodstove Certification Program, adopted on December 10, 1993, and 
effective on January 3, 1994.
    (107) On November 15, 1991, the ODEQ submitted a PM-10 nonattainment 
area SIP for La Grande, Oregon.
    (i) Incorporation by reference.
    (A) November 15, 1991 letter from ODEQ to EPA Region 10 submitting 
the PM-10 nonattainment area SIP for La Grande, Oregon.
    (B) PM-10 Control Strategy for Particulate Matter, October 1991, La 
Grande, Oregon Nonattainment Area, as adopted by the Environmental 
Quality Commission on November 8, 1991.
    (108) On November 15, 1991 the Director of ODEQ submitted amendments 
to Oregon's SIP to include a PM-10 control strategy for Eugene-
Springfield and LRAPA title 39.
    (i) Incorporation by reference.
    (A) November 15, 1991 letter from the Director of ODEQ to EPA Region 
10 submitting amendments to the Oregon SIP.
    (B) The PM-10 control strategy for Eugene-Springfield, adopted by 
the OEQC on January 31, 1991, and LRAPA title 39 (Contingency for PM-10 
sources in the Eugene-Springfield nonattainment area), adopted by the 
OEQC on November 8, 1991.
    (C) April 13, 1994 letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon SIP.
    (D) Amendments to Lane Regional Air Pollution Authority Rules as a 
revision to the Oregon SIP (title 16), adopted by the OEQC on March 11, 
1994.
    (109) On October 27, 1993, the Director of ODEQ submitted OAR 340-
24-307, Motor Vehicle Inspection Program Fee Schedule, as an amendment 
to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted 
Section 3.1, OAR 340-24-309 through 340-24-350 and section 5.4, Motor 
Vehicle Inspection and Maintenance Plan, as amendments to the Oregon 
SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke, 
received Section 3.1, OAR 340-24-309 through 340-24-355 and section 5.4, 
Motor Vehicle Inspection and Maintenance Plan, from the Director of ODEQ 
as amendments to the Oregon SIP.
    (i) Incorporation by reference.
    (A) October 27, 1993 letter from the Director of ODEQ to the 
Regional Administration of EPA submitting a revision to the Oregon SIP, 
Motor Vehicle Inspection Program Fee Schedule.
    (B) November 15, 1993 letter from the Director of ODEQ to the 
Regional Administrator of EPA submitting revisions to the Oregon SIP, 
Vehicle Inspection and Maintenance Program.
    (C) June 13, 1994 letter from the Director of ODEQ to the Regional 
Administrator of EPA submitting revisions to the Oregon SIP, Vehicle 
Inspection and Maintenance Program.
    (D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR 340-
24-307, adopted by the Environmental Quality Commission on January 29, 
1993.
    (E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340-24-
309, 310, 315, 320, 330, 335, 340, 350, and Volume 2 Section 5.4, Motor 
Vehicle Inspection and Maintenance Plan, adopted by the Environmental 
Quality Commission on October 29, 1993.
    (F) Oregon's Vehicle Inspection and Maintenance Program, Section 
3.1, OAR 340-24-300 through 340-24-355, and Section 5.4, adopted by the 
Environmental Quality Commission on June 3, 1994.
    (110) On May 28, 1993, the Director of ODEQ submitted two separate 
sets of revisions to its air quality regulations, OAR, Chapter 340, 
Division 25. One submittal was housekeeping amendments affecting all of 
Division 25; the second submittal was specifically Kraft Pulp Mill rules 
(OAR 340-25-150 through -205) and Neutral Sulfite Semi-Chemical Pulp 
Mill regulations (OAR 340-25-220 through -234). On November 15, 1993, 
the Director of ODEQ submitted a revision to OAR, Chapter 340, Division 
25. On April 13, 1994, the Director of ODEQ submitted revisions to the 
Oregon SIP for LRAPA's Title 47, Outdoor Open Burning.
    (i) Incorporation by reference.
    (A) EPA received on May 28, 1993, two letters from the Director, 
ODEQ, to the

[[Page 757]]

Regional Administrator, EPA, submitting housekeeping amendments to 
Division 25: Housekeeping amendments to Division 25 (OAR 340-25-005 
through 025 and OAR 340-25-105 through 340-25-430), effective March 10, 
1993; and revisions to the Oregon SIP for Kraft Pulp Mill Amendments and 
Neutral Sulfite Semi-Chemical Pulp Mill Regulations: Kraft Pulp Mill 
Rules (OAR 340-25-150 through 205) and the Neutral Sulfite Semi-Chemical 
Pulp Mill Pulp Mills (OAR 340-25-220 through 234), excluding all 
references to total reduced sulfur, effective January 24, 1990.
    (B) November 15, 1993, letter from the Director, ODEQ, to the 
Regional Administrator, EPA, submitting revisions to the Oregon SIP for 
OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division 
25 (OAR 340-25-160, 340-25-222, 340-25-275, 230-25-310, 340-25-420), 
effective November 4, 1993.
    (C) April 13, 1994, letter from the Director, ODEQ, to the Regional 
Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47, 
Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open 
Burning, effective January 1, 1993.
    (111) The EPA approves a revision to the State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan and other State Regulations), specifically a 
revision to Section 2.2--Legal Authority and a revision to Chapters 468 
and 468A of the Oregon Revised Statutes (ORS).
    (i) Incorporation by reference.
    (A) On July 29, 1992 and August 30, 1994, ODEQ submitted to EPA a 
revision to Oregon Revised Statutes (ORS), Chapter 468 (1993 Edition), 
and Chapter 468A (1993 Edition), both of which were amended and adopted 
through August 1993 and in effect on November 4, 1993; and a revised 
Section 2.2--Legal Authority, including subsections 2.2.1 through 2.2.9, 
dated and revised July 29, 1992, the date of the official attached 
transmittal letter.
    (112) On November 16, 1992, the Director for the Oregon Department 
of Environmental Quality (ODEQ) submitted the Oregon State Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program and on May 16, 1995, the Administrator for ODEQ 
submitted the Small Business Assistance Program Confidentiality Option 
as revisions to the Oregon State Implementation Plan.
    (i) Incorporation by reference.
    (A) The November 16, 1992 letter from the Director of the Oregon 
Department of Environmental Quality submitting the Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program to EPA; The Oregon Air Quality Small Business Assistance Program 
State Implementation Plan Revision adopted on October 16, 1992, and 
evidence that the State has the necessary legal authority, Oregon 
Revised Statutes 468A.330 (Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program).
    (B) The May 16, 1995 letter from the Administrator of the Oregon 
Department of Environmental Quality, Air Quality Division, submitting 
the Small Business Assistance Program confidentiality option to EPA; The 
Air Quality Guidance, Restriction of Information Obtained by the AQ 
Small Business Assistance Program adopted on May 16, 1995.
    (113) On April 14, 1995, the Oregon Department of Environmental 
Quality submitted a revision to its SIP for the State of Oregon to 
include the Transportation Conformity: OAR 340-20-710 through 340-20-
1080.
    (i) Incorporation by reference.
    (A) April 14, 1995 letter from ODEQ director Lydia Taylor to EPA 
Regional Administrator Chuck Clarke submitting a revision to the Oregon 
SIP to include the Transportation Conformity: OAR 340-20-710 through 
340-20-1080; Division 20, Air Pollution Control, Criteria and Procedures 
for Determining Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Funded or Approved Under 
Title 23 U.S.C. or the Federal Transit Act, effective March 29, 1995.
    (114) On November 20, 1995, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a Reasonably Available Control 
Technology Standards (RACT) determination for VOC emissions from the 
Intel Corporation facility in Portland, Oregon.

[[Page 758]]

    (i) Incorporation by reference.
    (A) The letter dated November 20, 1995, from the Director of ODEQ 
submitting a SIP revision for a RACT determination contained in Intel's 
Oregon Title V Operating Permit for VOC emissions, consisting of permit 
34-2681 expiration date 10-31-99, page 11 of 32 pages, 
effective date September 24, 1993 (State-effective date of the Oregon 
Title V Program).
    (115) A minor revision consisting of clarification of existing air 
quality control regions and nonattainment and maintenance areas of 
Oregon (the revision did not change any existing boundaries) was 
submitted to EPA from ODEQ for inclusion into the Oregon SIP.
    (i) Incorporation by reference.
    (A) Letter dated September 20, 1995 from the Director of the ODEQ to 
the EPA Regional Administrator submitting a revision to better define 
Oregon's existing air quality boundaries found in State regulations OAR 
340-23-065 through 340-23-075 (Rules for Open Burning), OAR 340-31-120 
(Air Pollution Control Standards for Air Purity and Quality), and OAR 
340-31-500 through 340-31-530 (The Air Quality Control Regions and 
Nonattainment and Maintenance Areas of Oregon), effective May 25, 1995.
    (116) On May 27, 1993, September 27, 1995, and October 8, 1996, the 
Director of ODEQ submitted to the Regional Administrator of EPA 
revisions to its Oregon SIP: the Oregon Administrative Rules (OAR), 
Housekeeping Amendments (Chapter 340, Divisions 21 through 24, 26, 27, 
30, and 34); OAR, Division 22, General Gaseous Emissions (340-22-100, -
130, and -137); and OAR, Divisions 20, 21, 22, 25, 27 and 30).
    (i) Incorporation by reference.
    (A) May 27, 1993, letter from ODEQ to EPA submitting a revision to 
the Oregon Administrative Rules: Housekeeping Amendments, Oregon 
Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30, 
and 34, State-effective on March 10, 1993.
    (B) September 27, 1995, letter from ODEQ to EPA submitting a 
revision to the Oregon Administrative Rules: Permits and Fees for Stage 
I Vapor Recovery Program, Division 22, General Gaseous Emissions, 
Sections 100, 130, and 137, State-effective on November 2, 1994.
    (C) October 8, 1996, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules: OAR 340-020-0047 (State-effective on 
September 24, 1996); OAR 340-21-0005, -0015, -0020, -0025, -0030, -0035, 
-0045, -0050, and -0235 (State-effective on January 29, 1996); OAR 340-
022-0102 (State-effective on March 29, 1996), and -0130 (State-effective 
on December 6, 1995); OAR 340-025-0260 and -0265 (State-effective on 
December 6, 1995), -0280 (State-effective on December 6, 1995), -0320 
and -0325 (State-effective on January 29, 1996); OAR -027-0005 (State-
effective on September 24, 1996); OAR 030-0007, -0010 and -0031 (State-
effective on January 29, 1996).
    (D) Based on a SIP revision submitted by Oregon on February 16, 
2001, Oregon Administrative Rules Chapter 340, Division 23 ``Rules for 
Open Burning,'' as effective March 10, 1993, is removed from the SIP.
    (117) On November 20, 1996, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted source-specific Reasonably 
Available Control Technology (RACT) determinations to EPA as SIP 
revisions for VOC emissions standards.
    (i) Incorporation by reference.
    (A) Two letters dated November 20, 1995, from Director of the Oregon 
Department of Environmental Quality (ODEQ) submitting SIP revisions for 
RACT determinations for VOC emissions for: Cascade General, Inc., a ship 
repair yard in Portland, Oregon, Permit No. 26-3224 (issued to the Port 
of Portland), dated October 4, 1995; and, White Consolidated, Inc. 
(doing business as Schrock Cabinet Co.), a wood cabinet manufacturing 
facility in Hillsboro, Oregon, Permit No. 34-2060, dated August 1, 1995.
    (118) On October 13, 1989, the Director of the Oregon Department of 
Environmental Quality submitted an amendment to OAR Chapter 340, 
Division 30. On May 28, 1993, the Director of the Oregon Department of 
Environmental Quality submitted amendments to OAR Chapter 340, Division 
14, and Division 31. On November 15, 1993, the Director of the Oregon 
Department of Environmental Quality submitted amendments

[[Page 759]]

to OAR Chapter 340, Division 14, Division 20, and Division 31, and a new 
Division 28. On November 14, 1994, June 1, 1995, October 8, 1996, and 
January 22, 1997, the Director of the Oregon Department of Environmental 
Quality submitted amendments to OAR Chapter 340, Division 28. On 
September 27, 1995, the Director of the Oregon Department of 
Environmental Quality submitted amendments to OAR Chapter 340, Division 
31.

    (i) Incorporation by reference.

    (A) OAR 340-14-005, -010, -015, -020, 
-025, -030, -035, -040, -045, and -050, effective March 10, 1993; and 
OAR 340-14-007, effective September 24, 1993.

    (B) OAR 340-28-500, -510, -520, -810, 
-1030, -1040, -1120, -1130, -1400, -1450, 
-1520, -1600, -1700, -1710, and -1920, effective September 24, 1993; OAR 
340-28-100, 
-200, -300, -700, -800, -820, -900, -1000, 
-1020, -1100, -1110, -1140, -1420, -1440, 
-1500, -1510, -1730, -1740, -1750, -1760, 
-1770, -1900, -1940, -1950, -1960, -1970, 
-1980, -1990, and -2000, effective November 4, 1993; OAR 340-28-600, -
610, -620, and -640, effective January 1, 1994; OAR 340-28-1910 and -
2270, effective October 29, 1994; OAR 340-28-1930, effective May 1, 
1995; OAR 340-28-1060, effective January 29, 1996; OAR 340-28-1410 and -
1430, effective September 24, 1996; and OAR 340-28-110, -400, -630, -
1010 and -1720, effective October 22, 1996.

    (C) OAR 340-30-111, effective September 26, 1989.

    (D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030, 
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130, 
effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-
31-120, effective July 12, 1995.

    (119) November 15, 1991, and September 20, 1995, letters from the 
Director, Oregon Department of Environmental Quality, to the Region 10 
Regional Administrator, EPA, submitting the PM-10 Klamath Falls, Oregon, 
PM-10 Control Plan and amendments as revisions to its SIP.

    (i) Incorporation by reference.

    (A) State Implementation Plan for PM-10 in Klamath Falls, dated 
October 1991 and revised August 1995; and Appendix 4: Ordinances and 
Commitments, Ordinance No. 6630 (adopted September 16, 1991), and 
Ordinance No. 63 (adopted July 31, 1991)--Chapters 170 and 406.
    (120) The Oregon Department of Environmental Quality (ODEQ) and the 
Washington Department of Ecology (WDOE) submitted Maintenance Plans that 
demonstrate continued attainment of the NAAQS for O3 and 
requested redesignation of the Pdx/Van interstate nonattainment area 
from nonattainment to attainment for O3. The SIP revision 
requests were submitted by the WDOE on June 13, 1996, and by ODEQ on 
August 30, 1996. A number of other O3 supporting revisions 
were included in this submittal, such as: the 1990 O3 
Emission Inventories; changes to the NSR programs; regulations 
implementing the hybrid low enhanced I/M programs; an expanded vehicle 
inspection boundary; minor RACT rule changes (Vancouver only); Employee 
Commute Options rule (Portland only); Voluntary Parking Ratio rule 
(Portland only); PSEL management rules (Portland only); and local area 
source supporting rules.
    (i) Incorporation by reference.
    (A) Ozone Maintenance Plan and Redesignation Request for the 
Portland/Vancouver AQMA (Oregon Portion) effective August 14, 1996.
    (B) Oregon Inspection and Maintenance SIP revision to Section 5.4; 
OAR 340-024-0100, -0300, -0305, -0306, -0307, 
-0308, -0309, -0312 (with the exception of all language in (4) (a) 
referring to a ``sixth hill extrapolation''), -0314, 
-0318, -0320, -0325, -0330, -0332, -0335, 
-0337, -0340, -0355, -0357, and -0360, State effective on November 26, 
1996.
    (C) New Source Review: OAR 340-020-0047; OAR 340-028-0110, 1900 
through 1940, 1960, 1970, and 2000; OAR 340-030-0111, State effective on 
November 26, 1996.
    (D) Supporting Regulations approved as part of the Ozone non-
attainment redesignation package: OAR 340-022-0400, -0401, -0402, -0403, 
-0700, -0710, 
-0720, -0730, -0740, -0750, -0760, -0800, 
-0810, -0820, -0830, -0840, -0850, -0860, 
-0900, -0910, -0920, -0930, -0940, -0950, 
-1000, -1010, -1020, -1030, -1040, -1050, 
-1100, -1110, -1120, -1130, State effective on 8/14/96; OAR 340-024-
0301, State effective on 8/12/96; OAR 340-030-0700, -0710, 
-0720, -0730, -0740, -0800, -0810, -0820, 
-0830, -0840, -0850, -0860, -0870, -0880, 

  
  

[[Page 760]]

-0890, -0900, -0910, -0920, -0930, -0940, 
-0950, -0960, -0970, -0980, -0990, -1000, 
-1010, -1020, -1030, -1040, -1050, -1060, 
-1070, -1080, -1100, -1110, -1120, -1130, 
-1140, -1150, -1160, -1170, -1180, -1190, State effective on 8/14/96; 
and OAR 340-031-0500, -0520, -0530, State effective on 8/19/96.
    (121) On April 7, 1997, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a Reasonably Available Control 
Technology (RACT) determination for VOC emissions from PCC Structurals, 
Inc., Large Parts Campus, at 4600 SE Harney Drive, Portland, Oregon.
    (i) Incorporation by reference.
    (A) The letter dated April 7, 1997, from the Director of ODEQ 
submitting a SIP revision for a RACT determination contained in PCC 
Structurals, Inc.'s Oregon Title V Operating Permit for VOC emissions, 
consisting of permit 26-1867, expiration date 4-1-2000, 
effective date April 4, 1997. Only conditions 19, 20, and 21 in PCC 
Structurals' Addendum No. 2 to permit 26-1867 are incorporated 
into the SIP.
    (122) On August 30, 1996, the Director of the Oregon Department of 
Environmental Quality submitted to the Regional Administrator of EPA a 
revision to the Carbon Monoxide State Implementation Plan for the 
Portland area containing a Maintenance Plan that demonstrated continued 
attainment of the NAAQS for carbon monoxide through the year 2007.
    (i) Incorporation by reference.
    (A) Letter dated August 30, 1996, from Oregon to EPA requesting the 
redesignation of the Portland carbon monoxide nonattainment area to 
attainment and submitting the Maintenance Plan; Revision to the State 
Implementation Plan: Carbon Monoxide Maintenance Plan and Redesignation 
Request for the Portland Metro Area, adopted July 12, 1996.
    (B) Letter dated April 17, 1997, from Oregon to EPA submitting 
replacement pages to the Maintenance Plan and appendices.
    (ii) Additional material.
    (A) Appendices to the Maintenance Plan and Redesignation Request for 
Portland (Metro) Area--State Implementation Plan Revision for Carbon 
Monoxide, dated July 12, 1996: Appendix D2-1 (Volume 3), CO Air 
Monitoring Network; Appendix D2-2 (Volume 3), Meteorological Analysis; 
Appendix D2-3 (Volume 3), Review of Bag Study Results Which Demonstrates 
The DEQ Network of Sites Records Higher CO Concentrations Than Screened 
Intersections; Appendix D2-4 (Volume 3), Emission Inventory and Forecast 
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-1 (Volume 3), 
Base Year (1990) Emission Inventory Portland (Metro) Area (Carbon 
Monoxide); Appendix D2-4-2 (Volume 3), Attainment Year (1991) Emission 
Inventory Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-3 
(Volume 3), Regional Emission Forecast Portland (Metro) Area; Appendix 
D2-4-4 (Volume 3), Subregional Emission Inventories and Forecast 
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-5 (Volume 3), 
Metro Model Assumptions, Link-Based Emissions Calculation Methodology, 
and Travel Demand Forecasting Model Summary; Appendix D2-5 (Volume 3), 
Conformity Process; Appendix D2-6 (Volume 3), Historical and Projected 
Population and Households; Appendix D2-7 (Volume 3), Metro Council 
Resolution Concerning Portland CO Maintenance Plan, Emission Budgets, 
and Contingency Plan; Appendix D2-8 (Volume 3), CCTMP Zoning Codes 
Incorporated Into the Portland Carbon Monoxide Maintenance Plan; 
Appendix D2-9 (Volume 3), Motor Vehicle Inspection Program Changes; 
Appendix D2-10 (Volume 3), Land-Use Measures and TCM Substitution; 
Appendix D2-11 (Volume 3), New Source Review Program Changes; Appendix 
D2-12 (Volume 3), Rollforward Analysis; Appendix D2-13 (Volume 3), CCTMP 
Zoning Codes Used as Supporting Documentation in the Portland Carbon 
Monoxide Maintenance Plan; Appendix D2-14 (Volume 3), Miscellaneous 
Oregon Administrative Rule Amendments--Supporting Rules, OAR Chapter 
340, Section 340-020-0047 (State of Oregon Clean Air Act Implementation 
Plan); and Sections 340-031-0520 and 340-031-0530 (Maintenance Area 
Designation).
    (123) On May 22, 1997, ODEQ submitted changes to the definition of 
Volatile Organic Compounds (VOC) in the Oregon Administrative Rules

[[Page 761]]

(OAR) consistent with changes made in the federal definition and 
delisted certain compounds no longer considered VOCs under the new 
definition. On November 13, 1997, ODEQ submitted changes in the OAR that 
increased Air Contaminant Discharge Permit Fees for stationary sources 
to recover costs of operating the state permit program.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-022-0102(73) and 340-028-
0110(129), effective May 9, 1997; Oregon Administrative Rule 340-028-
1750, effective August 27, 1997.
    (124) On October 30, 1997 the director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a source specific Reasonable 
Available Control Technology (RACT) determination as a SIP revision for 
VOC emissions and standards.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1997 from the Director of ODEQ 
submitting a SIP revision for Dura Industries, Inc., an architectural 
surface coating operation in Portland, Oregon--permit 26-3112 
dated September 14, 1995.
    (125) On June 1, 1995 and January 22, 1997, the Director of ODEQ 
submitted to the Regional Administrator of EPA new sections to Division 
30 and revisions to Divisions 20, 21, 22, 25, and 30.
    (i) Incorporation by reference.
    (A) OAR-340-020-0047; OAR-340-022-0170; OAR-340-022-0840; OAR-340-
022-0930; OAR-340-022-0055; OAR-340-028-0110; OAR-340-028-0400; OAR-340-
028-0630; OAR-340-028-1010; OAR-340-028-1720; OAR-340-030-0015; OAR-340-
030-0044; OAR-340-030-0050; OAR-340-030-0055; OAR-340-030-0320; OAR-340-
030-0330: These rules were all state adopted on October 11, 1996.
    (126) On August 31, 1995, and October 8, 1996, the Director of ODEQ 
submitted to the Regional Administrator of EPA revisions to its Oregon 
SIP: the Oregon Administrative Rules (OAR) Chapter 340, Division 25, 
Specific Industrial Standards (OAR 340-25-305, 320 and 325).
    (i) Incorporation by reference.
    (A) August 31, 1995, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules (OAR); OAR 340-25-305, State 
effective on February 17, 1995.
    (B) October 8, 1996, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules (OAR); OAR 340-25-320 and OAR 340-25-
325, State effective on January 29, 1996.
    (127) December 9, 1996, letter from the Director, Oregon Department 
of Environmental Quality, to the Region 10 Regional Administrator, EPA, 
submitting the Attainment Plan for the Oakridge, Oregon PM-10 
nonattainment area as a revision to its SIP.
    (i) Incorporation by reference.
    (A) State Implementation Plan for PM-10 in Oakridge, dated August 
1996, and Appendices XII, XIII and XIV.
    (ii) Additional Material: Appendix I through VI and VIII through XI 
of the State Implementation Plan for PM-10 in Oakridge dated August 
1996.
    (128) On June 1, 1995 the State of Oregon submitted to EPA an 
attainment plan for the Lakeview PM10 nonattainment area. This SIP 
revision is designed to bring about the attainment of the PM10 NAAQS in 
Lakeview and satisfy Federal requirements applicable to moderate PM10 
nonattainment areas.
    (i) Incorporation by reference.
    (A) June 1, 1995 letter from the Director, Oregon Department of 
Environmental Quality, the Governor's designee, to Region 10 Regional 
Administrator, EPA, submitting the Lakeview, Oregon PM10 Control Plan.
    (B) Revision to the Oregon State Implementation Plan: Lakeview, 
Oregon PM10 Control Plan; Appendix 3, Lakeview Detailed Emissions 
Inventories; Appendix 4, Ordinances and Commitments; Appendix 5, 
Demonstration of Attainment; Appendix 9, Woodburning Curtailment Survey 
Protocol; Appendix 10, Legal Description of Lakeview PM10 Nonattainment 
Area.
    (C) Supporting regulations approved as part of the revision, state 
effective May 1, 1995: OAR 340-20-047; OAR 340-21-010, -012, -025, -200; 
OAR 340-30-043, -300, -310, -340; OAR 340-34-150, -200, -210.
    (129) The Environmental Protection Agency (EPA) approves various 
amendments to the Oregon State Air Quality Control Plan contained in a 
submittal to EPA, dated October 8, 1997.
    (i) Incorporation by reference.

[[Page 762]]

    (A) EPA is approving or taking no action on the modified Oregon 
Transportation Conformity Rules submitted on October 8, 1998. EPA is 
approving: OAR 340-20-710, 340-20-720, 340-20-730, 340-20-750, 340-20-
760 340-20-770, 340-20-780, 340-20-790, 340-20-800, 340-20-810, 340-20-
820, 340-20-830, 340-20-840, 340-20-850, 340-20-860 340-20-870, 340-20-
880, 340-20-890, 340-20-900, 340-20-910 340-20-1000, 340-20-1010, 340-
20-1020, 340-20-1030, 340-20-1040, 340-20-1050, 340-20-1060 and 340-20-
1070, effective September 23, 1998.
    (B) EPA is taking no action on sections OAR 340-020-730(3), 340-020-
750(4), 340-020-750(4)(b), 340-020-800(3)-(6), 340-020-890(5), 340-020-
900(6)(c), 340-020-910(1)(b), 340-020-1000(1)(a) and (2), and 340-020-
1030(2).
    (C) EPA approves the changes made to certain sections of the Oregon 
Administrative Rules: ``Determining Conformity of General Federal 
Actions to State and Federal Implementation Plans' found in: OAR 340-
020-1510, 340-020-1520, 340-020-1530, 340-020-1570, 340-020-1580, and 
340-020-1590, effective September 23, 1998.
    (130) The Environmental Protection Agency (EPA) approves various 
amendments to the Oregon State RACT rules for volatile organic compounds 
which are contained in a submittal to EPA, dated December 7, 1998.
    (i) Incorporation by reference.
    (A) EPA is approving the revised Oregon Regulations, as effective 
October 12, 1998: OAR 340-022-0100; OAR 340-022-0102; OAR 340-022-0104; 
OAR 340-022-0106; OAR 340-022-0107; OAR 340-022-110; OAR 340-022-0120; 
OAR 340-022-0125; OAR 340-022-0130; OAR 340-022-0170; OAR 340-022-0175; 
OAR 340-022-0180; OAR 340-022-0300; OAR 340-022-0400; OAR 340-022-0401; 
and OAR 340-022-0402.
    (B) EPA is repealing/removing the following provision from the 
current incorporation by reference: OAR 340-022-0403, as effective 
August 14, 1996.
    (131) On December 3, 1998, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a revision to the definition 
section of the Oregon Administrative Rules (OAR), as effective October 
14, 1998.
    (i) Incorporation by reference.
    (A) OAR 340-028-0110, as effective October 14, 1998, except for the 
following: (16) Capture system, (25) Continuous compliance determination 
method, (27) Control device, (29) Data, (39)(b) Emission Limitation and 
Emission Standard, (47) Exceedance, (48) Excursion, (55) Inherent 
process equipment, (67) Monitoring, (86) Pollutant-specific emissions 
unit, (88) Predictive emission monitoring system (PEMS), Table 1, Table 
2, and Table 3.
    (B) Remove the following provision from the current incorporation by 
reference: OAR 340-028-0110, as effective October 6, 1995, except for 
Table 1, Table 2, and Table 3.
    (132) On June 18, 1999, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a SIP revision to repeal the 
Consumer Products Rules, repeal the Architectural Coatings Rules, revise 
and partially repeal the Motor Vehicle Refinishings Rules, and revise 
the Volatile Organic Compounds definitions.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule (OAR) 340-022-0102 (73) and OAR 340-
028-0110 (139), as effective May 21, 1999; and OAR 340-022-0700, OAR 
340-022-0710, OAR 340-022-0740, and OAR 340-022-0760, as effective July 
12, 1999.
    (B) Remove the following provisions from the current incorporation 
by reference: OAR 340-022-0102 (73), as effective May 9, 1997; OAR 340-
028-0110 (139), as effective October 14, 1998; OAR 340-022-0800, OAR 
340-022-0820, OAR 340-022-0830, OAR 340-022-0850, and OAR 340-022-0860, 
OAR 340-022-0700, OAR 340-022-0720, OAR 340-022-0730, OAR 340-022-0740, 
OAR 340-022-0750, OAR 340-022-0760, OAR 340-022-1000, OAR 340-022-1020, 
OAR 340-022-1030, OAR 340-022-1040, and OAR 340-022-1050 as effective 
May 25, 1995; OAR 340-022-0840, as effective October 22, 1996; and OAR 
340-022-710, OAR 340-022-810, OAR 340-022-1010, as effective August 14, 
1996.
    (133) On November 10, 1999, the Oregon Department of Environmental 
Quality requested the redesignation of Grants Pass to attainment for 
carbon monoxide. The State's maintenance plan and base year emissions 
inventory are complete and the redesignation satisfies all the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.

[[Page 763]]

    (A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-0040, 
and OAR 340-204-0090, as effective October 22, 1999.
    (B) Remove without replacement the following provisions from the 
current incorporation by reference of the State Implementation Plan: OAR 
340-031-0520 and OAR 340-031-0530, as effective August 19, 1996 and OAR 
340-022-0470, as effective November 4, 1993.
    (134) On December 12, 1996, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted revisions to Lane Regional Air 
Pollution Authority (LRAPA) Title 32 and Title 33, as effective on 
November 20, 1994. On August 26, 1998, the Director of ODEQ submitted 
revisions to LRAPA Title 12, Title 30, and Title 33, as effective on 
March 8, 1994. On February 23, 2001, the Director of ODEQ submitted 
revisions to LRAPA Title 34, as effective June 13, 2000.
    (i) Incorporation by reference.
    (A) Title 12, as effective March 8, 1994; Title 30, as effective 
March 8, 1994, except for Section 30-020(2), Section 30-020(8), Section 
30-025(9), Section 30-030(1)(I), Section 30-030(2)(E), and Section 30-
045(3); Title 32, as effective November 10, 1994, except for Section 32-
075, Section 32-080, Section 32-095, Section 32-100, Section 32-101, 
Section 32-102, Section 32-103, and Section 32-104; Title 33, as 
effective November 10, 1994, except for Section 33-005, Section 33-020, 
Section 33-055, Section 33-070(1)(Definitions for Non-Condensibles, 
Other Sources, and Total Reduced Sulfur (TRS)), Section 33-070(3)(A), 
Section 33-070(6)(B), Section 33-070(7)(A), Section 33-070(7)(B), 
Section 33-070(8)(C)(1)(a), Section 33-070(8)(C)(2)(a), Section 33-080, 
and Section 33-085; and Title 34, as effective June 13, 2000, except for 
Section 34-025, Section 34-035, Section 34-060(6), Section 34-060(8), 
Section 34-080, Section 34-160, Section 34-170, Section 34-180, Section 
34-190, Section 34-200, Section 34-210, Section 34-220, and Section 34-
230.
    (B) Remove the following provisions from the current incorporation 
by reference: Section 12-005, Section 12-010, Section 12-020, and 
Section12-035 of Title 12, as effective November 8, 1983; Section 12-025 
of Title 12, as effective September 9, 1988; Title 12, as effective 
February 13, 1990; Title 14, as effective July 12, 1988; Title 15, as 
effective February 13, 1990; Section 32-005, Section 32-010, Section 32-
025, Section 32-030, Section 32-035, Section 32-040, Section 32-045, 
Section 32-055, Section 32-065, Section 32-100, Section 32-101, Section 
32-102, and Section 32-103 of Title 32, as effective 9-14-82; Section 
32-800 of Title 32, as effective 1-8-85; Section 32-104 and Section 32-
990 of Title 32, as effective 11-8-83; Section 33-020, Section 33-025, 
Section 33-030, Section 33-045, Section 33-055, Section 33-060, and 
Section 33-065 of Title 33, as effective 5-15-79; Section 33-070 of 
Title 33, as effective 9-14-82; Section 34-001, Section 34-010, Section 
34-015, Section 34-020, Section 34-025, Section 34-030, Section 34-035, 
Section 34-040, Section 34-045, Section 34-050, and Table A of Title 34, 
as effective 1-9-90; and Section 34-005 of Title 34, as effective 2-13-
90.
    (ii) Additional Material:
    (A) Title 15, Enforcement Procedure and Civil Penalties, as 
effective June 13, 1995.
    (135) The Oregon Department of Environmental Quality submitted a 
Visibility SIP revision on August 26, 1993, smoke management provisions 
on August 26, 1993, revisions to the Oregon field burning program on 
July 3, 1997, and amendments to the smoke management program regarding 
the Blue Mountains rules on September 27, 1995. EPA approves these 
revisions with the exception of the provision that changes the review 
period of the Visibility SIP from every three years to every 5 years 
(OAR 340-20-047 Section 5.2.4.2 and OAR 340-20-047 Section 5.2.5.1)
    (i) Incorporation by reference.
    (A) OAR 629-24-301 effective August 1, 1987.
    (B) OAR 629-43-043 effective April 13, 1987.
    (C) ORS 477.515 effective 1971.
    (D) Directive 1-4-1-601, Operational Guidance for the Oregon Smoke 
Management Program, effective October 23, 1992.
    (E) OAR 340-26-0035 and 340-26-0040, effective March 10, 1993; OAR 
340-26-0001, 340-26-0031, 340-26-0033, and 340-26-0045, effective May 
11, 1993; 340-26-0003, 340-26-0005, 340-26-0010, 340-26-0012, 340-26-
0013, 340-26-0015, and 340-26-0055, effective May 31, 1994.

[[Page 764]]

    (F) OAR 837-110-0010, 837-110-0020, 837-110-0030, 837-110-0040, 837-
110-0070, 837-110-0080, 837-110-0090, 837-110-0110, 837-110-0120, 837-
110-0130, and 837-110-0150, effective February 7, 1994; 837-110-0160, 
effective August 11, 1993; and 837-110-0050, 837-110-0060, and 837-110-
0140, effective February 7, 1989.
    (G) Union County Ordinance 1992-4 effective July 1, 1992.
    (H) Jefferson County Ordinance -0-58-89 effective May 31, 
1989.
    (I) Remove the following provision from the current incorporation by 
reference: OAR 340-26-025 effective March 7, 1984.
    (ii) Additional materials.
    (A) OAR 340-20-047 Section 5.2 effective August 11, 1992 (except 
section 5.2.4.2 and section 5.2.5.1 introductory paragraph)
    (B) ``Oregon Smoke Management Plan, Appendix 5, Operational Guidance 
for the Oregon Smoke Management Program, Criteria for National Forest 
and Bureau of Land Management Lands in the Blue Mountains of NE Oregon 
(Volume 3, Section A1)'', effective July 12, 1995.
    (136) On November 20, 2000, the Oregon Department of Environmental 
Quality requested the redesignation of Klamath Falls to attainment for 
carbon monoxide. The State's maintenance plan and base year emissions 
inventory are complete and the redesignation satisfies all the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-0040, 
and OAR 340-204-0090, as effective October 25, 2000.
    (137) On May 31, 2001, the Oregon Department of Environmental 
Quality requested the redesignation of Medford to attainment for carbon 
monoxide. The State's maintenance plan, base/attainment year emissions 
inventory, and the redesignation request meet the requirements of the 
Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-204-0090, as effective March 27, 
2001.
    (138) On December 15, 1998, the Director of the Oregon Department of 
Environmental Quality submitted a SIP revision to repeal the rule for 
parking offsets in the Portland Central Business District, as state 
effective September 23, 1998.
    (i) Incorporation by reference.
    (A) Remove the following provisions from the current incorporation 
by reference: OAR 340-020-0400, 340-020-0405, 340-020-0410, 340-020-
0420, and 340-020-0430.
    (139) On November 5, 1999, March 7, 2000, June 26, 2001, and 
November 4, 2002, the Oregon Department of Environmental Quality 
submitted numerous amendments to the Oregon Administrative Rules as 
revisions to the Oregon State implementation plan. The revisions 
included a rule recodification, a marine vapor loading rule, and 
permitting rules.
    (i) Incorporation by reference.
    (A) The following sections of Oregon Administrative Rule 340: 200-
0030, 202-0200, 204-0010, 204-0020, 204-0050, 204-0060, 204-0070, 204-
0080, 206-0010, 206-0020, 206-0030, 206-0040, 206-0050, 206-0060, 206-
0070, 210-0010, 210-0020, 212-0010, 212-0110, 214-0100, 214-0120, 222-
0030, 224-0020, 226-0200, 228-0010, 228-0020, 228-0100, 228-0110, 228-
0120, 228-0130, 228-0200, 228-0210, 232-0010, 232-0020, 232-0040, 232-
0050, 232-0060, 232-0070, 232-0080, 232-0085, 232-0090, 232-0100, 232-
0120, 232-0130, 232-0140, 232-0150, 232-0160, 232-0170, 232-0180, 232-
0190, 232-0200, 232-0210, 232-0220, 232-0230, 234-0010 (except 
paragraphs (25), (28)(a) & (46)), 234-0100, 234-0110, 234-0120, 234-
0130, 234-0140, 234-0200, 234-0210 (except paragraph (1)), 234-0220, 
234-0230, 234-0240 (except paragraph (2)), 234-0250 (except pargraphs 
(1) & (2)), 234-0260 (except paragraphs (3)(a)(A) & (3)(b)(A)), 234-
0270, 234-0300, 234-0310 (except paragraph (1)), 234-0320 (except 
paragraph (2)), 234-0330, 234-0340 (except paragraph (2)), 234-0350 
(except paragraph (1)), 234-0360 (except paragraph (3)(a)(A)), 234-0400, 
234-0410, 234-0420, 234-0430, 234-0500, 234-0510, 234-0520, 234-0530, 
236-0010, 236-0100, 236-0110, 236-0120 (except paragraphs (1)(a), 
(3)(a), & (3)(e)), 236-0130, 236-0140 (except the words ``gaseous and 
particulate fluorides and'' in paragraph (1), paragraph (1)(b), the 
sentence ``A schedule for measurement of fluoride levels in forage for 
new plants and ambient air for new and existing plants shall be 
submitted.'' in paragraph (1)(c), the words ``and Method 13A or 13B and 
Method 14 or Method 14A for fluorides or other alternative method in 40 
CFR

[[Page 765]]

63.849'' in paragraph (3)), 236-0150 (except paragraphs (1)(d) and 
(1)(e)), 236-0200, 236-0210, 236-0220, 236-0230, 236-0400, 236-0410, 
236-0420, 236-0430, 236-0440, 240-0010, 240-0100, 240-0300, 242-0010, 
242-0020, 242-0030, 242-0040, 242-0050, 242-0060, 242-0070, 242-0080, 
242-0090, 242-0100, 242-0110, 242-0120, 242-0130, 242-0140, 242-0150, 
242-0160, 242-0170, 242-0180, 242-0190, 242-0200, 242-0210, 242-0220, 
242-0230, 242-0240, 242-0250, 242-0260, 242-0270, 242-0280, 242-0290, 
242-0300, 242-0310, 242-0320, 242-0330, 242-0340, 242-0350, 242-0360, 
242-0370, 242-0380, 242-0390, 242-0400, 242-0410, 242-0420, 242-0430, 
242-0440, 242-0500, 242-0510, 242-0520, 242-0600, 242-0610, 242-0620, 
242-0630, 242-0700, 242-0710, 242-0720, 242-0730, 242-0740, 242-0750, 
242-0760, 242-0770, 242-0780, 242-0790, 250-0010, 250-0020, 250-0030, 
250-0040, 250-0050, 250-0060, 250-0070, 250-0080, 250-0090, 250-0100, 
252-0010, 252-0020 (except paragraph (3)), 252-0030, 252-0040, 252-0050 
(except paragraphs (4) & (5)(b)), 252-0060, 252-0070, 252-0080, 252-
0090, 252-0100 (except paragraphs (3) through (6)), 252-0110, 252-0120, 
252-0130, 252-0140, 252-0150, 252-0160, 252-0170, 252-0180, 252-0190 
(except paragraph (5)), 252-0200 (except paragraph (6)(c)), 252-0210 
(except paragraph (1)(b)), 252-0220 (except paragraphs (1)(a) & (2)), 
252-0230, 252-0240, 252-0250 (except paragraph (2)), 252-0260, 252-0270, 
252-0280, 252-0290, 258-0010, 258-0100, 258-0110, 258-0120, 258-0130, 
258-0140, 258-0150, 258-0160, 258-0170, 258-0180, 258-0190, 258-0200, 
258-0210, 258-0220, 258-0230, 258-0240, 258-0250, 258-0260, 258-0270, 
258-0280, 258-0290, 258-0300, 258-0310, 258-0400, 262-0010, 262-0020, 
262-0030, 262-0040, 262-0100, 262-0110, 262-0120, 262-0130, 262-0200, 
262-0210, 262-0220, 262-0230, 262-0240, 262-0250, 262-0300, 262-0310, 
262-0320, 262-0330, 266-0010, 266-0020, 266-0030, 266-0040, 266-0050, 
266-0060, 266-0070, 266-0080, 266-0090, 266-0100, 266-0110, 266-0120, 
266-0130, and 268-0020, as effective October 14, 1999; 204-0040, as 
effective October 25, 2000; 204-0090, as effective March 27, 2001; 232-
0030 and 232-0110 as effective June 1, 2001; 200-0010, 200-0020 (except 
paragraph (58)), 200-0025, 202-0010, 202-0050, 202-0060, 202-0070, 202-
0080, 202-0090, 202-0100, 202-0130, 202-0210, 202-0220, 204-0030, 209-
0010, 209-0020, 209-0030, 209-0040, 209-0050, 209-0060, 209-0070, 209-
0080, 210-0100, 210-0110, 210-0120, 210-0205, 210-0215, 210-0225, 210-
0230, 210-0240, 210-0250, 212-0120, 212-0130, 212-0140, 212-0150, 212-
0200, 212-0210, 212-0220, 212-0230, 212-0240, 212-0250, 212-0260, 212-
0270, 212-0280, 214-0010, 214-0110, 214-0114, 214-0130, 214-0200, 214-
0210, 214-0220, 216-0010, 216-0020, 216-0025, 216-0030, 216-0040, 216-
0052, 216-0054, 216-0056, 216-0060, 216-0064, 216-0066, 216-0070, 216-
0082, 216-0084, 216-0090, 216-0094, 222-0010, 222-0020, 222-0040, 222-
0042, 222-0043, 222-0045, 222-0070, 222-0080, 222-0090, 224-0010, 224-
0030, 224-0040, 224-0050, 224-0080, 224-0100, 225-0010, 225-0020(10), 
225-0030, 225-0040, 225-0070, 225-0090(1)(c), 226-0010, 226-0100, 226-
0110, 226-0120, 226-0130, 226-0140, 226-0210, 226-0300, 226-0310, 226-
0320, 226-0400, 240-0020, 240-0030, 240-0110, 240-0120, 240-0130, 240-
0140, 240-0150, 240-0160, 240-0170, 240-0180, 240-0190, 240-0200, 240-
0210, 240-0220, 240-0230, 240-0240, 240-0250, 240-0270, 240-0310, 240-
0320, 240-0330, 240-0340, 240-0350, 240-0360, 240-0400, 240-0410, 240-
0420, 240-0430, 240-0440, 268-0010, and 268-0030, as effective July 1, 
2001; 222-0041, 224-0060, 224-0070, 225-0020 (except paragraph (10)), 
225-0045, 225-0050, 225-0060, and 225-0090 (except paragraph (1)(c)), as 
effective October 8, 2002; 225-0020(10) and 225-0090(1)(c), as effective 
October 8, 2002, through April 6, 2003.
    (B) Remove the following old divisions of Oregon Administrative Rule 
340 from the current incorporation by reference: 12, 14, 20, 21 (except 
for sections 21-015, 21-050, 21-055, 21-060, 21-200, 21-205, 21-210, 21-
215, 21-220, 21-225, 21-230, 21-235, 21-240, and 21-245), 22, 25, 26, 
27, 28 (except for 28-1400, 28-1410, 28-1420, 28-1430, 28-1440, and 28-
1450), 30, 31, and 34.
    (ii) Additional Material:
    (A) The following sections of Oregon Administrative Rule 340: 
Division 12, 200-0100, 200-0110, 200-0120, as effective July 1, 2001; 
and 262-0050, as effective October 14, 1999.
    (C) Based on a SIP revision submitted by Oregon on October 6, 2010, 
and later supplemented in a letter submitted by the state on August 31, 
2011, the following provisions from Oregon's Adminstrative Rules (OAR), 
Division 252, ``Transportation Conformity,'' are removed from the SIP.
    (1) The following provisions, as effective October 14, 1999, are 
replaced by revised provisions effective March 5, 2010, Rules 340: 252-
0030, 252-0060, 252-0070 (except the last two sentences), and 252-0230.

[[Page 766]]

    (2) The following provisions, as effective October 14, 1999, are 
removed without replacement, Rules 340: 252-0020 (except paragraph (3)), 
252-0040, 252-0050 (except paragraphs (4) & (5)(b)), 252-0080, 252-0090, 
252-0100 (except paragraphs (3) through (6)), 252-0110, 252-0120, 252-
0130, 252-0140, 252-0150, 252-0160, 252-0170, 252-0180, 252-0190 (except 
paragraph (5)), 252-0200 (except paragraph (6)(c)), 252-0210 (except 
paragraph (1)(b)), 252-0220 (except paragraphs (1)(a) & (2)), 252-0240, 
252-0250 (except paragraph (2)), 252-0260, 252-0270, 252-0280, and 252-
0290.
    (140) On November 4, 2002, the Oregon Department of Environmental 
Quality requested the redesignation of Klamath Falls to attainment for 
PM-10. The State's maintenance plan and the redesignation request meet 
the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule 340-204-0040(3)(b) as effective 
October 8, 2002.
    (141) On November 4, 2002, the Oregon Department of Environmental 
Quality requested the redesignation of Grants Pass to attainment for PM-
10. The State's maintenance plan and the redesignation request meet the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-204-0030 (except Notes) and 340-
204-0040 (except Notes), as effective October 8, 2002.
    (142) The Environmental Protection Agency (EPA) approves various 
amendments to the Oregon State Implementation Plan which are contained 
in four separate submittals to EPA, dated November 5, 1999, November 27, 
2000, January 10, 2003 and April 19, 2004 which include revisions to the 
inspection and maintenance program.
    (i) Incorporation by reference.
    (A) The following sections of the Oregon Administrative Rules 340: 
256-0200, 256-0310, 256-0330, 256-0340, 256-0350, 256-0370, 256-0380, 
256-0390, 256-0400, 256-0410, 256-0420, 256-0450, 256-0460, and 256-
0470, as effective October 14, 1999; 256-0355, 256-0440, and 256-0465, 
as effective October 25, 2000; 256-0356, as effective October 4, 2001; 
and 256-0010, 256-0300, as effective October 24, 2003.
    (B) Remove the following old sections of the Oregon Administrative 
Rules 340 from the current incorporation by reference: 024-100, 024-300, 
024-301, 024-305, 024-306, 024-307, 024-308, 024-309, 024-312, 024-314, 
024-318, 024-320, 024-325, 024-330, 024-332, 024-335, 024-337, 024-340, 
024-355, 024-357, and 024-360.
    (ii) Additional Material:
    (A) Oregon SIP Volume 2, Section 5.4, as effective October 24, 2003.
    (143) On December 2, 2002, the Oregon Department of Environmental 
Quality submitted a SIP revision to repeal the Perchloroethylene Dry 
Cleaning rule and revise related parts of the Introduction and 
Definitions sections of Division 232.
    (i) Incorporation by reference.
    (A) The following sections of the Oregon Administrative Rules 340: 
232-0010 and 232-0030, as effective December 26, 2001.
    (144) The Oregon Department of Environmental Quality submitted a 
Visibility SIP revision on January 22, 2003. EPA approves these 
revisions.
    (i) Incorporation by reference.
    (A) OAR 340-200-0040, Sections 5.2-5.11, effective May 3, 2002.
    (145) On December 27, 2004, the Oregon Department of Environmental 
Quality submitted to the Regional Administrator of EPA, the Second 
Portland Area Carbon Monoxide Maintenance Plan that demonstrates 
continued attainment of the NAAQS for carbon monoxide through the year 
2017.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules, Chapter 340: 240-0090 and 240-0440, 
as effective December 15, 2004.
    (146) On October 25, 2005, the Oregon Department of Environmental 
Quality submitted a PM10 maintenance plan and requested redesignation of 
the La Grande PM10 nonattainment area to attainment for PM10. The 
State's maintenance plan and the redesignation request meet the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule 340-204-0030 and 0040, as effective 
September 9, 2005.
    (147) On October 25, 2005, the Oregon Department of Environmental 
Quality submitted a PM10 maintenance plan and requested redesignation of 
the

[[Page 767]]

Lakeview PM10 nonattainment area to attainment for PM10. The State's 
maintenance plan and the redesignation request meet the requirements of 
the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following sections of Oregon Administrative Rule 340: 204-
0030, 204-0040, 224-0060 (2)(d) and 225-0020(8), as effective September 
9, 2005.
    (148) On March 10, 2005, the Oregon Department of Environmental 
Quality submitted a PM10 attainment and maintenance plan and requested 
redesignation of the Medford-Ashland PM10 nonattainment area to 
attainment for PM10. On May 14, 2004, the Oregon Department of 
Environmental Quality submitted revisions to Oregon Administrative 
Rules, Chapter 340, Divisions 224 and 225 to clarify the requirements 
for creating and using emission offsets and to make other minor 
revisions. The State's attainment and maintenance plan, redesignation 
request, and rule revisions meet the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following sections of Oregon Administrative Rules 340: 204-
0010, 224-0070, 225-0045, 225-0090, 240-0030, 240-0100, 240-0110, 240-
0120, 240-0130, 240-0140, 240-0150, 240-0180, 240-0190, 240-0210, 240-
0220, and 240-0230 as effective January 4, 2005; 224-0010, 224-0030, 
224-0050, 224-0080, and 225-0050 as effective April 14, 2004 and; 224-
0060, and 225-0020 as effective September 9, 2005.
    (B) The following sections of the Codified Ordinances of Jackson 
County: 1810.01, as effective May 2, 1990; 1810.02, as effective August 
22, 2001; 1810.03, as effective December 20, 1989; 1810.04, as effective 
May 2, 1990; 1810.05, as effective May 2, 1990; 1810.06, as effective 
December 4, 1985; 1810.07, as effective August 22, 2001; 1810.08, as 
effective December 20, 1989; Exhibit A, as effective May 2, 1990; 
Exhibit B, as effective May 2, 1990; Exhibit C, as effective May 2, 
1990; and Exhibit D, as effective May 2, 1990.
    (C) The following sections of the Code of the City of Medford, 
Oregon: 5.550 as effective March 16, 2000; 7.220, as effective September 
17, 1998; 7.222, as effective September 17, 1998; 7.224, as effective 
September 17, 1998; 7.240 as effective August 2, 1990, and 7.242 as 
effective September 17, 1998.
    (D) The following sections of the City of Central Point Municipal 
Code: 8.01.010, 8.01.012, 8.01.014, 8.01.020, 8.01.030, and 8.01.032 as 
effective 1998; 8.04.040 H., as effective 1979; and 8.04.095 as 
effective 1994.
    (E) The following sections of the City of Ashland Municipal Code: 
10.30.005 and 10.30.010 as effective 1998; 10.30.020, as effective 2000; 
10.30.030 and 10.30.040, as effective 1993; 9.24.010, 9.24.020, 
9.24.030, 9.24.040, and 9.24.050 as effective 1998.
    (F) The following sections of the City of Talent ordinances: 
Ordinance 565, as effective August 20, 1992; and Ordinance 
98-635-0, as effective March 4, 1998.
    (G) The following sections of the City of Phoenix code: 8.16.040, as 
effective 1982; 8.16.050, as effective 1982; 8.16.090, as effective 
1982; 8.20.010, as effective 1998; 8.20.020, as effective 1998; 8.20.030 
as effective 1998; 8.20.040, as effective 1998; and 8.20.050 as 
effective 1998.
    (H) The following sections of the City of Jacksonville code: 
Ordinance 375, amending 8.08.100 of the Jacksonville Municipal Code as 
effective April 21, 1992; City of Jacksonville Code Chapter 8.10, as 
effective February 1992.
    (I) The following sections of the City of Eagle Point Code: 
8.08.160, as effective 2000; 8.08.170, as effective 1990; 8.08.180, as 
effective 1990; 8.08.190 as effective 1990; and 8.08.200 as effective 
1990.
    (J) Remove the following old sections of the Oregon Administrative 
Rules 340 from the current incorporation by reference: 240-0200, 240-
0240, and 240-0270.
    (ii) Additional Material.
    (A) The following sections of the Codified Ordinances of Jackson 
County: 1810.09 as effective December 20, 1989, and 1810.99, as 
effective October 29, 2003.
    (B) The following sections of the Code of the City of Medford, 
Oregon: 7.226, as effective November 20, 1989; and 7.300 as effective 
April 6, 2000.
    (C) The following sections of the City of Central Point Municipal 
Code: 8.04.100, 8.04.110, 8.04.120, 8.04.130, and 8.04.140 as effective 
1966, and 8.04.150 as effective 1995.

[[Page 768]]

    (D) The following sections of the City of Ashland Municipal Code: 
10.30.050, as effective 1993; and 9.24.060, as effective 1998.
    (149) On August 9, 2007, the Oregon Department of Environmental 
Quality submitted a CO maintenance plan and requested redesignation of 
the Salem CO nonattainment area to attainment for CO. The State's 
maintenance plan and the redesignation request meet the requirements of 
the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following revised sections of Oregon Administrative Rule 
340: 204-0030 Designation of Nonattainment Areas (1) and (2) and 204-
0040 Designation of Maintenance Areas (except (2)(c)), as effective June 
28, 2007.
    (150) [Reserved]
    (151) On December 20, 2010, the Oregon Department of Environmental 
Quality submitted a SIP revision to meet the regional haze requirements 
of Clean Air Act section 169A and the interstate transport 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.
    (i) Incorporation by reference.
    (A) December 10, 2010, letter from ODEQ to the Oregon Secretary of 
State requesting filing of permanent rule amendments to OAR 340-223.
    (B) December 10, 2010, filed copy of State ``Certificate and Order 
for Filing'' verifying the effective date of December 10, 2010, for OAR 
340-223-0010, OAR 340-223-0020, OAR 340-223-0030, OAR 340-223-0040, OAR 
340-223-0050 and OAR 340-223-0080.
    (C) The following revised sections of the Oregon Administrative 
Rules, Chapter 340:
    (1) 340-223-0010 Purpose of Rules, effective December 10, 2010.
    (2) 340-223-0020 Definitions, effective December 10, 2010.
    (3) 340-223-0030 BART and Additional Regional Haze Requirements for 
the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant 
(Federal Acid Rain Program Facility ORISPL Code 6106), effective 
December 10, 2010.
    (4) 340-223-0040 Federally Enforceable Permit Limits, effective 
December 10, 2010.
    (5) 340-223-0050 Alternative Regional Haze Requirements for the 
Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal 
Acid Rain Program Facility ORISPL Code 6106), effective December 10, 
2010.
    (6) 340-223-0080 Alternative Requirements for the Foster-Wheeler 
Boiler at the Boardman Coal-Fired Power Plant (Federal Acid Rain Program 
Facility ORISPL code 6106) Based Upon Permanently Ceasing the Burning of 
Coal Within Five Years of EPA Approval of the Revision to the Oregon 
Clean Air Act State Implementation Plan Incorporating OAR Chapter 340, 
Division 223, effective December 10, 2010.
    (ii) Additional material.
    (A) The portion of the SIP revision relating to statewide inventory 
of emissions of pollutants that are reasonably anticipated to cause or 
contribute to visibility impairment in any mandatory Class I Federal 
Area and the calculation of baseline and natural visibility conditions 
in Oregon Class I areas, and determination of current and 2018 
visibility conditions in Oregon Class I areas.
    (B) The remaining portions of the December 20, 2010, SIP revision, 
which relate to establishing reasonable progress goals, and a long term 
strategy to achieve these reasonable progress goals.
    (152) On August 9, 2005, and May 22, 2007, the Oregon Department of 
Environmental Quality submitted revisions to the Oregon State 
Implementation Plan. The revisions provide an ozone maintenance plan 
under section 110(a)(1) of the CAA for the Portland portion of the 
Portland-Vancouver Air Quality Maintenance Area and the Salem-Keizer 
Area Transportation Study Air Quality Area, and phase out of the State's 
VIP enhanced BAR-31 test, the elimination of the Gas Cap Pressure Test 
and the Evaporative Purge Test. The State's maintenance plan revisions 
meet the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective April 12, 2007:
    (1) Division 200, General Air Pollution Procedures and Definitions: 
Rule 0025, Abbreviations and Acronyms;

[[Page 769]]

    (2) Division 202, Ambient Air Quality Standards and PSD Increments: 
Rule 0090, Ozone;
    (3) Division 204, Designation of Air Quality Areas: Rule 0010, 
Definitions; Rule 0030, Designation of Nonattainment Areas, the 
undesignated introductory text, (2); Rule 0040, Designation of 
Maintenance Areas, the undesignated introductory text, (2);
    (4) Division 224, Major New Source Review: Rule 0050, Requirements 
for Sources in Nonattainment Areas; Rule 0060, Requirements for Sources 
in Maintenance Areas;
    (5) Division 225, Air Quality Analysis Requirements; Rule 0090, 
Requirements for Demonstrating a Net Air Quality Benefit;
    (6) Division 232, Emission Standards for VOC Point Sources: Rule 
0010, Introduction; Rule 0020, Applicability;
    (7) Division 242, Rules Applicable to the Portland Area, Employee 
Commute Options Program: Rule 0010, What is the Employee Commute Options 
Program?; Rule 0020, Who is Subject to ECO?; Rule 0030, What Does ECO 
require?; Rule 0040, How Does the Department Enforce ECO?; Rule 0050, 
Definitions of Terms Used in These Rules; Rule 0070, What are the Major 
Requirements of ECO?; Rule 0080, What are the Registration 
Requirements?; Rule 0090, What are the Requirements for an Employee 
Survey?; Rule 0110, What if an Employer Does Not Meet the Target Auto 
Trip Rate?; Rule 0120, How Will Employers Demonstrate Progress Toward 
the Target Auto Trip Rate?; Rule 0160, What Should Be Included in an 
Auto Trip Reduction Plan?; Rule 0180, What is a Good Faith Effort?; Rule 
0190, How Does the ECO Program Affect New Employees, Expanding Employers 
and Employers Relocating within the Portland AQMA?; Rule 0200, Can a New 
or Relocating Employer Comply with ECO Through Restricted Parking 
Ratios?; Rule 0210, Can an Existing Employer Comply with ECO Through 
Restricted Parking Ratios?; Rule 0220, What if an Employer Has More Than 
One Work Site Within the Portland AQMA?; Rule 0240, Are There 
Alternatives to Trip Reduction?; Rule 0260, Can Employers Get Credit for 
Existing Trip Reduction Programs?; Rule 0270, Are Exemptions Allowed if 
an Employer is Unable to Reduce Trips or Take Advantage of Alternate 
Compliance Options?; Rule 0280, Participation in the Industrial Emission 
Management Program; Rule 0290, What Kind of Records Must be Kept and for 
How Long?;
    (8) Division 242, Rules Applicable to the Portland Area, Industrial 
Emission Management Program: Rule 0400, Applicability; Rule 0410, 
Definition of Terms; Rule 0420, Unused PSEL Donation Program; Rule 0430, 
Industrial Growth Allowances; Rule 0440, Industrial Growth Allowance 
Allocation.
    (B) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective July 12, 2005;
    (1) Division 256, Motor Vehicles, Rule 0010, Definitions;
    (2) Division 256, Motor Vehicles, Visible Emissions: Rule 0100, 
Visible Emissions--General Requirements, Exclusions; Rule 0130, Motor 
Vehicle Fleet Operation;
    (3) Division 256, Motor Vehicles, Emission Control System 
Inspection: Rule 0300, Scope; Rule 0310, Government-Owned Vehicle, 
Permanent Fleet Vehicle and United States Government Vehicle Testing 
Requirements; Rule 0340, Light Duty Motor Vehicle and Heavy Duty 
Gasoline Motor Vehicle Emission Control Test Method for Basic Program; 
Rule 0350, Light Duty Motor Vehicle Emission Control Test Method for 
Enhanced Program; Rule 0380, Light Duty Motor Vehicle Emission Control 
Test Criteria for Basic Program; Rule 0390, Heavy Duty Gasoline Motor 
Vehicle Emission Control Test Criteria.
    (ii) Additional material.
    (A) SIP Volume 2 Section 5.4.7: Test Procedures and Standards, as 
effective July 12, 2005.
    (153) On October 8, 2008, October 10, 2008, March 17, 2009, June 23, 
2010, December 22, 2010, and May 5, 2011, the Oregon Department of 
Environmental Quality submitted numerous amendments to the Oregon 
Administrative Rules as revisions to the Oregon State implementation 
plan. The revisions include updating Oregon's new source review rules to 
be consistent with current Federal regulations and streamlining Oregon's 
air quality rules by

[[Page 770]]

clarifying requirements, removing duplicative rules, and correcting 
errors.
    (i) Incorporation by reference.
    (A) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective February 5, 2001:
    (1) Division 208, Visible Emissions and Nuisance Requirements: Rule 
0100, Visible Emissions, Applicability; Rule 0200, Fugitive Emission 
Requirements, Applicability; Rule 0210, Fugitive Emission Requirements, 
Requirements.
    (B) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective November 8, 2007:
    (1) Division 200, General Air Pollution Procedures and Definitions: 
Rule 0010, General, Purpose and Application;
    (2) Division 208, Visible Emissions and Nuisance Requirements: Rule 
0010, Definitions; Rule 0110, Visible Emissions, Visible Air Contaminant 
Limitations;
    (3) Division 209, Public Participation: Rule 0040, Public Notice 
Information; Rule 0070, Hearing and Meeting Procedures; Rule 0080, 
Issuance or Denial of a Permit;
    (4) Division 214, Stationary Source Reporting Requirements: Rule 
0010, Definitions; Rule 0300, Excess Emissions and Emergency Provision, 
Purpose and Applicability; Rule 0310, Excess Emissions and Emergency 
Provision, Planned Start-up and Shutdown; Rule 0320, Excess Emissions 
and Emergency Provision, Scheduled Maintenance; Rule 0330, Excess 
Emissions and Emergency Provision, All Other Excess Emissions; Rule 
0340, Excess Emissions and Emergency Provision, Reporting Requirements; 
Rule 0350, Excess Emissions and Emergency Provision, Enforcement Action 
Criteria; Rule 0360, Excess Emissions and Emergency Provision, Emergency 
as an Affirmative Defense;
    (5) Division 216, Air Contaminant Discharge Permits: Rule 0082, 
Termination or Revocation of an ACDP;
    (6) Division 228, Requirements for Fuel Burning Equipment and Fuel 
Sulfur Content: Rule 0020, Definitions; Rule 0200, General Emission 
Standards for Fuel Burning Equipment, Sulfur Dioxide Standards; Rule 
0210, General Emission Standards for Fuel Burning Equipment, Grain 
Loading Standards;
    (7) Division 232, Emission Standards for VOC Point Sources: Rule 
0010, Introduction;
    (8) Division 234, Emission Standards for Wood Products Industries: 
Rule 0010, Definitions (except for paragraphs (24), (26)(a) and (44)); 
Rule 0100, Wigwam Waste Burners, Wigwam Waste Burners; Rule 0140, Wigwam 
Waste Burners, Existing Administrative Agency Orders; Rule 0210, Kraft 
Pulp Mills, Emission Limitations (except for paragraph (1)); Rule 0240, 
Kraft Pulp Mills, Monitoring (except for paragraph (1)); Rule 0250, 
Kraft Pulp Mills, Reporting (except for paragraphs (1) and (2)); Rule 
0500, Board Products Industries (Veneer, Plywood, Particleboard, 
Hardboard), Applicability and General Provisions; Rule 0510, Board 
Products Industries (Veneer, Plywood, Particleboard, Hardboard), Veneer 
and Plywood Manufacturing Operations; Rule 0520, Board Products 
Industries (Veneer, Plywood, Particleboard, Hardboard), Particleboard 
Manufacturing Operations; Rule 0530, Board Products Industries (Veneer, 
Plywood, Particleboard, Hardboard), Hardboard Manufacturing Operations;
    (9) Division 236, Emission Standards for Specific Industries: Rule 
0010, Definitions; Rule 0410, Hot Mix Asphalt Plants, Control Facilities 
Required.
    (C) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective August 29, 2008:
    (1) Division 222, Stationary Source Plant Site Emission Limits: Rule 
0020, Applicability.
    (D) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective September 17, 2008:
    (1) Division 200, General Air Pollution Procedures and Definitions: 
Rule 0030, General, Exceptions;
    (2) Division 210, Stationary Source Notification Requirements: Rule 
0205, Notice of Construction and Approval of Plans, Applicability;
    (3) Division 264, Rules for Open Burning: Rule 0040, Exemptions, 
Statewide.
    (E) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective May 21, 2010:
    (1) Division 202, Ambient Air Quality Standards and PSD Increments: 
Rule 0090, Ambient Air Quality Standards,

[[Page 771]]

Ozone; Rule 0130, Ambient Air Quality Standards, Ambient Air Quality 
Standard for Lead;
    (2) Division 204, Designation of Air Quality Areas: Rule 0010, 
Definitions; Rule 0030, Designation of Nonattainment Areas;
    (3) Division 206, Air Pollution Emergencies: Rule 0010, 
Introduction; Rule 0030, Episode Stage Criteria for Air Pollution 
Emergencies (including Table 2, Air Pollution Episode Warning Conditions 
Emission Reduction Plan).
    (F) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective May 1, 2011:
    (1) Division 200, General Air Pollution Procedures and Definitions: 
Rule 0020, General, General Air Quality Definitions (including Table 1, 
Significant Air Quality Impact; Table 2, Significant Emission Rates; 
Table 3, Significant Emission Rates for the Medford-Ashland Air Quality 
Maintenance Area; Table 4, De Minimus Emission Levels; Table 5, General 
PSELs); Rule 0025, General, Abbreviations and Acronyms;
    (2) Division 202, Ambient Air Quality Standards and PSD Increments: 
Rule 0010, Definitions; Rule 0060, Ambient Air Quality Standards, 
Suspended Particulate Matter; Rule 0210, Prevention of Significant 
Deterioration Increments, Ambient Air Increments (including Table 1, 
Maximum Allowable Increase);
    (3) Division 216, Air Contaminant Discharge Permits: Rule 0020, 
Applicability (including Table 1, Air Contaminant Discharge Permits; 
Table 2, Part 1 Initial Permitting Application Fees, Part 2 Annual Fees, 
Part 3 Specific Activity Fees, Part 4 Late Fees); Rule 0040, Application 
Requirements; Rule 0060, General Air Contaminant Discharge Permits; Rule 
0064, Simple ACDP;
    (4) Division 224, Major New Source Review: Rule 0010, Applicability 
and General Prohibitions; Rule 0050, Requirements for Sources in 
Nonattainment Areas; Rule 0060, Requirements for Sources in Maintenance 
Areas, Rule 0070, Prevention of Significant Deterioration Requirements 
for Sources in Attainment or Unclassified Areas;
    (5) Division 225, Air Quality Analysis Requirements: Rule 0020, 
Definitions (including Table 1, Constant K for Range of Influence 
Calculation); Rule 0030, Procedural Requirements; Rule 0045, 
Requirements for Analysis in Maintenance Areas; Rule 0050, Requirements 
for Analysis in PSD Class II and Class III Areas; Rule 0060, 
Requirements for Demonstrating Compliance With Standards and Increments 
in PSD Class I Areas; and Rule 0090, Requirements for Demonstrating a 
Net Air Quality Benefit (except paragraph (2)(a)(C)).
    (G) Remove the following rules from section 340 to the OAR from the 
current incorporation by reference: Divisions 21, Rules 015, 050, 055 
and 060; and Division 28. See paragraph(s) (c)(116)(i)(A), 
(c)(116)(i)(C), (c)(118)(i)(B) and (c)(139)(i)(B) of this section.
    (154) On October 10, 2008, the Oregon Department of Environmental 
Quality submitted a SIP revision to repeal outdated rules governing 
wigwam waste burners with a statewide prohibition on their use, and to 
repeal redundant kraft pulp mill rules.
    (i) Incorporation by reference.
    (A) Remove the following rules of section 340 of the OAR from the 
current incorporation by reference: Division 234, Rules 0110, 0120, 
0130, 0230 and 0260. See paragraph (c)(139)(i)(A) of this section.
    (155) On January 13, 2012, the Oregon Department of Environmental 
Quality submitted the Eugene-Springfield PM10 Limited 
Maintenance Plan and requested redesignation of the Eugene-Springfield 
nonattainment area to attainment for the PM10 National 
Ambient Air Quality Standards. The State also submitted revisions to 
rules in the Federally-approved SIP to reflect the requested 
redesignation. The State's Limited Maintenance Plan, redesignation 
request, and rule revisions meet the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following revised sections of the Oregon Administrative 
Rules (OAR) Chapter 340, effective December 21, 2011: Division 204, 
Designation of Air Quality Areas: Rule 0010 Definitions; Rule 0030 
Designation of Nonattainment Areas; and Rule 0040 Designation of 
Maintenance Areas.
    (B) Letter from Merlyn Hough, dated January 8, 2013, certifying that 
Lane

[[Page 772]]

Regional Air Protection Agency (LRAPA) adopted LRAPA provisions from 
Titles 29 and 32 on September 26, 2011 as described in the LRAPA Board 
meeting minutes.
    (C) Lane Regional Air Protection Agency (LRAPA) Board meeting 
minutes, dated September 26, 2011.
    (D) The following revised sections of the Lane Regional Air 
Protection Agency (LRAPA) Rules, Title 29 Designation of Air Quality 
Areas, adopted September 26, 2011: Section 29-0010 Definitions (except 
paragraphs 1 through 5, and 7 through 14); Section 29-0030 Designation 
of Nonattainment Areas; and Section 29-0040 Designation of Maintenance 
Areas.
    (E) The following revised sections of the Lane Regional Air 
Protection Agency (LRAPA) Rules Title 32 Emission Standards, adopted 
September 26, 2011: Section 32-060 Air Conveying Systems; and Section 
32-065 Sulfur Content of Fuels (except paragraphs 1 and 2).
    (156) On February 16, 2001, May 13, 2005, March 29, 2006, and March 
20, 2008, the Oregon Department of Environmental Quality submitted 
revisions to the Oregon Administrative Rules (OAR) Chapter 340 as 
revisions to the Oregon State Implementation Plan (SIP). The submissions 
relate to Oregon's open burning rules, enforcement procedures, civil 
penalties, and procedures in contested cases (appeals).
    (i) Incorporation by reference.
    (A) The following sections of the OAR Chapter 340, Division 264, 
effective December 15, 2000: Division 264, Rules For Open Burning: Rule 
0010 How to Use These Open Burning Rules; Rule 0020 Policy; Rule 0030 
Definitions; Rule 0040 Exemptions, Statewide; Rule 0050 General 
Requirements Statewide; Rule 0060 General Prohibitions Statewide; Rule 
0070 Open Burning Conditions; Rule 0075 Delegation of Authority; Rule 
0078 Open Burning Control Areas; Rule 0080 County Listing of Specific 
Open Burning Rules; Rule 0100 Open Burning Requirements, Baker, Clatsop, 
Crook, Curry, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, 
Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, Tillamook, Umatilla, 
Union, Wallowa, Wasco and Wheeler Counties; Rule 0110 Open Burning 
Requirements, Benton, Linn, Marion, Polk, and Yamhill Counties; Rule 
0120, Open Burning Requirements, Clackmas County; Rule 0130, Open 
Burning Requirements, Multnomah County; Rule 0140 Open Burning 
Requirements, Washington County; Rule 0150 Open Burning Requirements, 
Columbia County; Rule 0160 Open Burning Requirements, Lane County; Rule 
0170 Open Burning Requirements, Coos, Douglas, Jackson and Josephine 
Counties; Rule 0180 Open Burning Requirements, Letter Permits, Rule 0190 
Open Burning Requirements, Forced-Air Pit Incinerators.
    (B) [Reserved]
    (ii) Additional Material:
    (A) The following revised sections of Oregon Administrative Rules 
Chapter 340 effective May 13, 2005: Division 12 Enforcement Procedures 
and Civil Penalties: Rule 0026 Policy, Rule 0028 Scope of Applicability, 
Rule 0030 Definitions, Rule 0038 Warning Letters, Pre-Enforcement 
Notices and Notices of Permit Violation, Rule 0041 Formal Enforcement 
Action, Rule 0042 Determination of Base Penalty, Rule 0045 Civil Penalty 
Determination Procedure, Rule 0145 Determination of Aggravating or 
Mitigating Factors, Rule 0150 Determination of Economic Benefit, Rule 
0160 Department Discretion Regarding Penalty Assessment, Rule 0162 
Inability to Pay the Penalty, Rule 0165 Stipulated Penalties, Rule 0170 
Compromise or Settlement of Civil Penalty by Department.
    (B) The following revised sections of Oregon Administrative Rules 
Chapter 340 effective March 29, 2006: Division 12 Enforcement Procedures 
and Civil Penalties: Rule 0027 Rule Effective Date, Rule 0053 Violations 
that Apply to all Programs, Rule 0054 Air Quality Classification of 
Violations, Rule 0073 Environmental Cleanup Classification of Violation, 
Rule 0082 Contingency Planning Classification of Violations, Rule 0130 
Determination of Violation Magnitude, Rule 0135 Selected Magnitude 
Categories, Rule 0140 Determination of Base Penalty, Rule 0155 
Additional or Alternate Civil Penalties.
    (C) The following revised sections of Oregon Administrative Rules 
Chapter 340 effective March 20, 2008: Division 11,

[[Page 773]]

Rules of General Applicability and Organization, Rule 0005 Definitions, 
Rule 0009 Incorporation of Attorney General's Uniform and Model Rules, 
Rule 0510 Agency Representation by Environmental Law Specialist, Rule 
0515 Authorized Representative of Respondent other than a Natural Person 
in a Contested Case Hearing, Rule 0573 Proposed Orders in Contested 
Cases, Rule 0575 Review of Proposed Orders in Contested Cases.

[37 FR 10888, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1970, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 78 FR 37126, June 20, 2013, Sec. 52.1970 
was amended by adding paragraphs (c)(139)(i)(D) and (E), (c)(153)(i)(H) 
and (I), and (c)(157), effective July 22, 2013. For the convenience of 
the user, the added text is set forth as follows:



Sec. 52.1970  Identification of plan.

                                * * * * *

    (c) * * *
    (139) * * *
    (i) * * *
    (D) Based on a SIP revision submitted by Oregon on October 5, 2011, 
Oregon Administrative Rules Chapter 340, Division 262 ``Residential 
Woodheating,'' as effective October 14, 1999, the following provisions 
are removed from the SIP: 262-0010, 262-0020, 262-0030, 262-0040, 262-
0100, 262-0110, 262-0120, 262-0130, 262-0200, 262-0210, 262-0220, 262-
0230, 262-0240, 262-0250, 262-0300, 262-0310, 262-0320, 262-0330.
    (E) Based on a SIP revision submitted by Oregon on June 8, 2012, 
Oregon Administrative Rules Chapter 340, Division 210 ``Stationary 
Source Notification Requirements,'' as effective October 8, 2002, the 
following provisions are removed from the SIP and replaced by revised 
provisions effective May 17, 2012: 210-0100, 210-0110, 210-0120, 210-
0250.

                                * * * * *

    (153) * * *
    (i) * * *
    (H) Based on a SIP revision submitted by Oregon on June 8, 2012, 
Oregon Administrative Rules Chapter 340, Division 200 ``General Air 
Pollution Procedures and Definitions,'' the following provision 340-200-
0020, as effective May 1, 2011, is removed from the SIP and replaced by 
revised provision 340-200-0020 as effective May 17, 2012.
    (I) Based on a SIP revision submitted by Oregon on June 8, 2012, 
Oregon Administrative Rules Chapter 340, Division 228 ``Requirements for 
Fuel Burning Equipment and Fuel Sulfur Content,'' the following 
provisions 228-0020, 228-0200, 228-0210, as effective November 8, 2007, 
are removed from the SIP and replaced by revised provisions 228-0020, 
228-0200, 228-0210, as effective May 17, 2012.

                                * * * * *

    (157) On October 5, 2011, June 8, 2012, and November 28, 2012, the 
Oregon Department of Environmental Quality submitted revisions to the 
Oregon Administrative Rules (OAR) Chapter 340 as revisions to the Oregon 
State Implementation Plan (SIP). The submissions relate to Oregon's Heat 
Smart program, enforcement procedures and civil penalties, general air 
pollution definitions, rules for stationary source notification 
requirements, and requirements for fuel burning.
    (i) Incorporation by reference.
    (A) The following sections of the OAR Chapter 340, Division 262, 
effective March 15, 2011: Division 262, Heat Smart Program for 
Residential Woodstoves and Other Solid Fuel Heating Devices: Rule 0400 
Purpose and Applicability of Rules; Rule 0500 Certification of Solid 
Fuel Burning Devices for Sale as New; Rule 0700 Removal and Destruction 
of Used Solid Fuel Burning Devices; Rule 0800 Wood Burning and Other 
Heating Devices Curtailment Program; Rule 0900 Materials Prohibited from 
Burning.
    (B) The following sections of the OAR Chapter 340, Division 262, 
effective May 17, 2012: Division 262, Heat Smart Program for Residential 
Woodstoves and Other Solid Fuel Heating Devices: Rule 0450 Definitions; 
Rule 0600 New and Used Solid Fuel Burning Devices Sold in Oregon.
    (ii) Additional Material:
    (A) The following revised sections of Oregon Administrative Rules 
Chapter 340, effective November 10, 2008: Division 12 Enforcement 
Procedures and Civil Penalties: Rule 0030 Definitions, Rule 0038 Warning 
Letters, Pre-Enforcement Notices and Notices of Permit Violation, Rule 
0155 Additional or Alternate Civil Penalties, Rule 0170 Compromise or 
Settlement of Civil Penalty by Department.
    (B) The following revised sections of Oregon Administrative Rules 
Chapter 340, effective March 15, 2011: Division 12 Enforcement 
Procedures and Civil Penalties: Rule 0054 Air Quality Classifications 
and Violations, Rule 0140 Determination of Base Penalty.

[[Page 774]]



Sec. 52.1971  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Portland Interstate.......................................           I         IA       III         I          I
Southwest Oregon Intrastate...............................          II        III       III       III        III
Northwest Oregon Intrastate...............................         III        III       III       III        III
Central Oregon Intrastate.................................          II        III       III       III        III
Eastern Oregon Intrastate.................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10888, May 31, 1972, as amended at 45 FR 42278, June 24, 1980]



Sec. 52.1972  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Oregon's plan for the attainment and maintenancce of the 
national standards under section 110 of the Clean Air Act.

[65 FR 29958, May 10, 2000]



Sec. 52.1973  Approval of plans.

    (a) Carbon monoxide. (1) EPA approves as a revision to the Oregon 
State Implementation Plan, the Second Portland Area Carbon Monoxide 
Maintenance Plan, effective December 15, 2004, and submitted to EPA on 
December 27, 2004.
    (2) EPA approves as a revision to the Oregon State Implementation 
Plan, the Salem carbon monoxide maintenance plan submitted to EPA on 
August 9, 2007.
    (b) Lead. [Reserved]
    (c) Nitrogen Dioxide. [Reserved]
    (d) Ozone. (1) EPA approves as a revision to the Oregon State 
Implementation Plan, the section 110(a)(1) ozone maintenance plans for 
Portland and Salem, submitted to EPA on May 22, 2007.
    (2) [Reserved]
    (e) Particulate Matter.
    (1) EPA approves as a revision to the Oregon State Implementation 
Plan, the Klamath Falls PM-10 maintenance plan submitted to EPA on 
November 4, 2002.
    (2) EPA approves as a revision to the Oregon State Implementation 
Plan, the Grants Pass PM-10 maintenance plan submitted to EPA on 
November 4, 2002.
    (3) EPA approves as a revision to the Oregon State Implementation 
Plan, the La Grande PM10 maintenance plan adopted by the Oregon 
Environmental Quality Commission on August 11, 2005 and submitted to EPA 
on October 25, 2005.
    (4) EPA approves as a revision to the Oregon State Implementation 
Plan, the Lakeview PM10 maintenance plan adopted by the Oregon 
Environmental Quality Commission on August 11, 2005 and submitted to EPA 
on October 25, 2005.
    (5) EPA approves as a revision to the Oregon State Implementation 
Plan, the Medford PM10 attainment and maintenance plan adopted by the 
Oregon Environmental Quality Commission on December 10, 2004 and 
submitted to EPA on March 10, 2005.
    (6) EPA approves as a revision to the Oregon State Implementation 
Plan, the Eugene-Springfield PM10 Limited Maintenance Plan 
adopted by the Oregon Environmental Quality Commission on December 15, 
2011 and submitted to EPA on January 13, 2012.
    (f) Sulfur Dioxide. [Reserved]
    (g) Visibility protection. (1) EPA approves portions of a Regional 
Haze SIP revision submitted by the Oregon Department of Environmental 
Quality on December 20, 2010, and adopted by the Oregon Department of 
Environmental Quality Commission on December 9, 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 (d)(4)(v) regarding 
the calculation of baseline and natural conditions for the Mt. Hood 
Wilderness

[[Page 775]]

Area, Mt. Jefferson Wilderness Area, Mt Washington Wilderness Area, 
Kalmiopsis Wilderness Area, Mountain Lakes Wilderness Area, Gearhart 
Mountain Wilderness Area, Crater Lake National Park, Diamond Peak 
Wilderness Area, Three Sisters Wilderness Area, Strawberry Mountain 
Wilderness Area, Eagle Cap Wilderness Area, and Hells Canyon 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) EPA approves the remaining portions of the Regional Haze SIP 
revision submitted by the Oregon Department of Environmental Quality on 
December 20, 2010, and adopted by the Oregon Department of Environmental 
Quality Commission on December 9, 2010, as meeting the requirements of 
the Clean Air Act section 169A and 40 CFR 51.308(d)(1) regarding 
establishing reasonable progress goals, and 51.308(d)(3) for developing 
a long term strategy to achieve these goals.

[68 FR 60041, Oct. 21, 2003, as amended at 68 FR 61116, Oct. 27, 2003; 
71 FR 3770, Jan. 24, 2006; 71 FR 3770, Feb. 23, 2006; 71 FR 35160, 
35163, 35174, June 19, 2006; 73 FR 79661, Dec. 30, 2008; 76 FR 39005, 
July 5, 2011; 76 FR 78573, Dec. 19, 2011; 77 FR 50613, Aug. 22, 2012; 78 
FR 21555, Apr. 11, 2013]



Sec. Sec. 52.1974-52.1976  [Reserved]



Sec. 52.1977  Content of approved State submitted implementation plan.

    The following sections of the State air quality control plan (as 
amended on the dates indicated) have been approved and are part of the 
current state implementation plan.

               State of Oregon Air Quality Control Program

Volume 2-The Federal Clean Air Act Implementation Plan (and Other State 
                              Regulations)

Section

                         1. Introduction (1-86)

                    2. General Administration (1-86)

    2.1 Agency Organization (1-86)
    2.2 Legal Authority (1-86)
    2.3 Resources (1-86)
    2.4 Intergovernmental Cooperation and Consultation (1-86)
    2.5 Miscellaneous Provisions (1-86)

                   3. Statewide Regulatory Provisions

3.1 Oregon Administrative Rules--Chapter 340 Incorporation by Reference 
                            (March 24, 2003)

     Division 21--General Emission Standards for Particulate Matter

21-015 Visible Air Contaminant Limitations (1/29/96)

                           Fugitive Emissions

21-050 Definitions (1/29/96)
21-055 Applicability (3/10/93)
21-060 Requirements (3/10/93)

    Industrial Contingency Requirements for PM-10 Nonattainment Areas

21-200 Purpose (5/1/95)
21-205 Relation to other Rules (3/10/93)
21-210 Applicability (3/10/93)
21-215 Definitions (3/10/93)
21-220 Compliance Schedule for Existing Sources (3/10/93)
21-225 Wood-Waste Boilers (3/10/93)
21-230 Wood Particulate Dryers at Particleboard Plants (3/10/93)
21-235 Hardboard Manufacturing Plants (1/29/96)
21-240 Air Conveying Systems (3/10/93)
21-245 Fugitive Emissions (3/10/93)

                   Division 23--Rules for Open Burning

23-022 How to Use these Open Burning Rules (3/10/93)
23-025 Policy (3/10/93)
23-030 Definitions (6/16/84, except for paragraph (15) is 3/10/93)
23-035 Exemptions, Statewide (3/10/93)
23-040 General Requirements Statewide (3/10/93)
23-042 General Prohibitions Statewide (3/10/93)
23-043 Open Burning Schedule (3/10/93)
23-045 County Listing of Specific Open Burning Rules (3/10/93)

                        Open Burning Prohibitions

23-055 Baker, Clatsop, Crook, Curry, Deshutes, Gilliam, Grant, Harney, 
Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, 
Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties (3/10/
93)
23-060 Benton, Linn, Marion, Polk, and Yamhill Counties (3/10/93)

[[Page 776]]

23-065 Clackamas County (3/10/93)
23-070 Multnomah County (3/10/93)
23-075 Washington County (3/10/93)
23-080 Columbia County (3/10/93)
23-085 Lane County (3/10/93)
23-090 Coos, Douglas, Jackson and Josephine Counties (3/10/93)
23-100 Letter Permits (3/10/93)
23-105 Forced Air Pit Incinerators (3/10/93)
23-110 Records and Reports (3/10/93)
23-115 Open Burning Control Areas (3/10/93)

                       Division 24--Motor Vehicles

                 Pertaining to Motor Vehicles Inspection

24-100 County Designations (11/26/96)

  Motor Vehicle Emission Control Inspection Test Criteria, Methods and 
                                Standards

24-300 Scope (11/26/96)
24-301 Boundary Designations (3/10/93)
24-305 Definitions (11/26/96)
24-306 Government-Owned Vehicle, Permanent Fleet Vehicle and U.S. 
Government Vehicle Testing Requirements (11/26/96)
24-307 Motor Vehicle Inspection Program Fee Schedule (11/26/96)
24-308 Department of Defense Personnel Participating in the Privately 
Owned Vehicle Import Control Program (11/26/96)
24-309 Light Duty Motor Vehicle and Heavy Duty Gasoline Motor Vehicle 
Emission Control Test Method for Basic Program (11/26/96)
24-312 Light Duty Motor Vehicle Emission Control Test Method for 
Enhanced Program (11/26/96)
24-314 Motorcycle Noise Emission Control Test Method, except all 
language in (4)(a) referring to a ``sixth hill extrapolation'' (11/26/
96)
24-318 Renew Registration for Light Duty Motor Vehicles and Heavy Duty 
Gasoline Motor Vehicles Temporarily Operating Outside of Oregon (11/26/
96)
24-320 Light Duty Motor Vehicle Emission Control Test Criteria for Basic 
Program (11/26/96)
24-325 Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria 
(11/26/96)
24-330 Light Duty Motor Vehicle Emission Control Standards for Basic 
Program (11/26/96)
24-332 Light Duty Motor Vehicle Emission Control Standards for Enhanced 
Program (11/26/96)
24-335 Heavy-Duty Gasoline Motor Vehicle Emission Control Emission 
Standards (11/26/96)
24-337 Motor Vehicle Propulsion Noise Standards (11/26/96)
24-340 Criteria for Qualifications of Persons Eligible to Inspect Motor 
Vehicles and Motor Vehicle Pollution Control Systems and Execute 
Certificates (11/26/96)
24-355 Gas Analytical System Licensing Criteria for Basic Program (11/
26/96)
24-357 Gas Analytical System Testing for Enhanced Program (11/26/96)
24-360 Agreement with Independent Contractor; Qualifications of 
Contractor; Agreement Provisions (11/26/96)

  Division 28--Stationary Source Air Pollution Control and Permitting 
                               Procedures

                Excess Emissions and Emergency Provision

28-1400 Purpose and Applicability (9/24/93)
28-1410 Planned Startup and Shutdown (9/24/96)
28-1420 Scheduled Maintenance (11/4/93)
28-1430 Upsets and Breakdowns (9/24/96)
28-1440 Reporting Requirements (11/4/93)
28-1450 Enforcement Action Criteria (9/24/93)

     Division 200--General Air Pollution Procedures and Definitions

200-0010 Purpose and Application (7/1/01)
200-0020 General Air Quality Definitions, except (58) (7/1/01)
200-0025 Abbreviations and Acronyms (7/1/01)
200-0030 Exceptions (10/14/99)

     Division 202--Ambient Air Quality Standards and PSD Increments

202-0010 Definitions (7/1/01)

                      Ambient Air Quality Standards

202-0050 Purpose and Scope of Ambient Air Quality Standards (7/1/01)
202-0060 Suspended Particulate Matter (7/1/01)
202-0070 Sulfur Dioxide (7/1/01)
202-0080 Carbon Monoxide (7/1/01)
202-0090 Ozone (7/1/01)
202-0100 Nitrogen Dioxide (7/1/01)
202-0130 Ambient Air Quality Standard for Lead (7/1/01)

           Prevention of Significant Deterioration Increments

202-0200 General (10/14/99)
202-0210 Ambient Air Increments (7/1/01)
202-0220 Ambient Air Ceilings (7/1/01)

             Division 204--Designation of Air Quality Areas

204-0010 Definitions (10/14/99)
204-0020 Designation of Air Quality Control Regions (10/14/99)
204-0030 Designation of Nonattainment Areas (7/1/01)
204-0040 Designation of Maintenance Areas (10/25/00)
204-0050 Designation of Prevention of Significant Deterioration Areas 
(10/14/99)
204-0060 Redesignation of Prevention of Significant Deterioration Areas 
(10/14/99)
204-0070 Special Control Areas (10/14/99)
204-0080 Motor Vehicle Inspection Boundary Designations (10/14/99)

[[Page 777]]

204-0090 Oxygenated Gasoline Control Areas (3/27/01)

                 Division 206--Air Pollution Emergencies

206-0010 Introduction (10/14/99)
206-0020 Definitions (10/14/99)
206-0030 Episode Stage Criteria for Air Pollution Emergencies (10/14/99)
206-0040 Special Conditions (10/14/99)
206-0050 Source Emission Reduction Plans (10/14/99)
206-0060 Regional Air Pollution Authorities (10/14/99)
206-0070 Operations Manual (10/14/99)

                   Division 209--Public Participation

209-0010 Purpose (7/1/01)
209-0020 Applicability (7/1/01)
209-0030 Public Notice Categories and Timing (7/1/01)
209-0040 Public Notice Information (7/1/01)
209-0050 Public Notice Procedures (7/1/01)
209-0060 Persons Required To Be Notified (7/1/01)
209-0070 Hearing and Meeting Procedures (7/1/01)
209-0080 Issuance or Denial of a Permit (7/1/01)

        Division 210--Stationary Source Notification Requirements

210-0010 Applicability (10/14/99)
210-0020 Definitions (10/14/99)

                              Registration

210-0100 Registration in General (7/1/01)
210-0110 Registration Requirements (7/1/01)
210-0120 Re-Registration (7/1/01)

              Notice of Construction and Approval of Plans

210-0205 Applicability (7/1/01)
210-0215 Requirement (7/1/01)
210-0225 Types of Construction/Modification Changes (7/1/01)
210-0230 Notice to Construct (7/1/01)
210-0240 Construction Approval (7/1/01)
210-0250 Approval to Operate (7/1/01)

         Division 212--Stationary Source Testing and Monitoring

212-0010 Definitions (10/14/99)

                    Sampling, Testing and Measurement

212-0110 Applicability (10/14/99)
212-0120 Program (7/1/01)
212-0130 Stack Heights and Dispersion Techniques (7/1/01)
212-0140 Methods (7/1/01)
212-0150 Department Testing (7/1/01)

                     Compliance Assurance Monitoring

212-0200 Purpose and Applicability (7/1/01)
212-0210 Monitoring Design Criteria (7/1/01)
212-0220 Submittal Requirements (7/1/01)
212-0230 Deadlines for Submittals (7/1/01)
212-0240 Approval of Monitoring Plans (7/1/01)
212-0250 Operation of Approved Monitoring (7/1/01)
212-0260 Quality Improvement Plan (QIP) Requirements (7/1/01)
212-0270 Reporting and Recordkeeping Requirements (7/1/01)
212-0280 Savings Provisions (7/1/01)

         Division 214--Stationary Source Reporting Requirements

214-0010 Definitions (7/1/01)

                                Reporting

214-0100 Applicability (10/14/99)
214-0110 Request for Information (7/1/01)
214-0114 Records; Maintaining and Reporting (7/1/01)
214-0120 Enforcement (10/14/99)
214-0130 Information Exempt from Disclosure (7/1/01)

         Emission Statements for VOC and NOX Sources

214-0200 Purpose and Applicability (7/1/01)
214-0210 Requirements (7/1/01)
214-0220 Submission of Emission Statement (7/1/01)

             Division 216--Air Contaminant Discharge Permits

216-0010 Purpose (7/1/01)
216-0020 Applicability (7/1/01)
216-0025 Types of Permits (7/1/01)
216-0030 Definitions (7/1/01)
216-0040 Application Requirements (7/1/01)
216-0052 Construction ACDP (7/1/01)
216-0054 Short Term Activity ACDPs (7/1/01)
216-0056 Basic ACDPs (7/1/01)
216-0060 General Air Contaminant Discharge Permits (7/1/01)
216-0064 Simple ACDP (7/1/01)
216-0066 Standard ACDPs (7/1/01)
216-0070 Permitting Multiple Sources at a Single Adjacent or Contiguous 
Site (7/1/01)
216-0082 Termination or Revocation of an ACDP (7/1/01)
216-0084 Department Initiated Modification (7/1/01)
216-0090 Sources Subject to ACDPs and Fees (7/1/01)
216-0094 Temporary Closure (7/1/01)

       Division 222--Stationary Source Plant Site Emission Limits

222-0010 Policy (7/1/01)
222-0020 Applicability (7/1/01)
222-0030 Definitions (10/14/99)

          Criteria for Establishing Plant Site Emission Limits

222-0040 Generic Annual PSEL (7/1/01)
222-0041 Source Specific Annual PSEL (10/8/02)
222-0042 Short Term PSEL (7/1/01)

[[Page 778]]

222-0043 General Requirements for All PSEL (7/1/01)
222-0045 Unassigned Emissions (7/1/01)
222-0070 Plant Site Emission Limits for Insignificant Activities (7/1/
01)
222-0080 Plant Site Emission Limit Compliance (7/1/01)
222-0090 Combining and Splitting Sources (7/1/01)

                  Division 224--Major New Source Review

224-0010 Applicability and General Prohibitions (7/1/01)
224-0020 Definitions (10/14/99)
224-0030 Procedural Requirements (7/1/01)
224-0040 Review of New Sources and Modifications for Compliance with 
Regulations (7/1/01)
224-0050 Requirements for Sources in Nonattainment Areas (7/1/01)
224-0060 Requirements for Sources in Maintenance Areas (10/8/02)
224-0070 Prevention of Significant Deterioration Requirements for 
Sources in Attainment or Unclassified Areas (10/8/02)
224-0080 Exemptions (7/1/01)
224-0100 Fugitive and Secondary Emissions (7/1/01)

             Division 225--Air Quality Analysis Requirements

225-0010 Purpose (7/1/01)
225-0020 Definitions (10/8/02 and 10/8/02 thru 4/6/03)
225-0030 Procedural Requirements (7/1/01)
225-0040 Air Quality Models (7/1/01)
225-0045 Requirements for Analysis in Maintenance Areas (10/8/02)
225-0050 Requirements for Analysis in PSD Class II and Class III Areas 
(10/8/02)
225-0060 Requirements for Demonstrating Compliance with Standards and 
Increments in PSD Class I Areas (10/8/02)
225-0070 Requirements for Demonstrating Compliance with AQRV Protection 
(7/1/01)
225-0090 Requirements for Demonstrating a Net Air Quality Benefit (10/8/
02 and 10/8/02 thru 4/6/03)

                Division 226--General Emission Standards

226-0010 Definitions (7/1/01)

           Highest and Best Practicable Treatment and Control

226-0100 Policy and Application (7/1/01)
226-0110 Pollution Prevention (7/1/01)
226-0120 Operating and Maintenance Requirements (7/1/01)
226-0130 Typically Achievable Control Technology (7/1/01)
226-0140 Additional Control Requirements for Stationary Sources of Air 
Contaminants (7/1/01)

                         Grain Loading Standards

226-0200 Applicability (10/14/99)
226-0210 Particulate Emission Limitations for Sources Other Than Fuel 
Burning and Refuse Burning Equipment (7/1/01)

              Particulate Emissions From Process Equipment

226-0300 Applicability (7/1/01)
226-0310 Emission Standard (7/1/01)
226-0320 Determination of Process Weight (7/1/01)

                      Alternative Emission Controls

226-0400 Alternative Emission Controls (Bubble) (7/1/01)

 Division 228--Requirements for Fuel Burning Equipment and Fuel Sulfur 
                                 Content

228-0010 Applicability (10/14/99)
228-0020 Definitions (10/14/99)

                         Sulfur Content of Fuels

228-0100 Residual Fuel Oils (10/14/99)
228-0110 Distillate Fuel Oils (10/14/99)
228-0120 Coal (10/14/99)
228-0130 Exemptions (10/14/99)

          General Emission Standards for Fuel Burning Equipment

228-0200 Sulfur Dioxide Standards (10/14/99)
228-0210 Grain Loading Standards (10/14/99)

         Division 232--Emission Standards for VOC Point Sources

232-0010 Introduction (10/14/99)
232-0020 Applicability (10/14/99)
232-0030 Definitions (6/1/01)
232-0040 General Non-categorical Requirements (10/14/99)
232-0050 Exemptions (10/14/99)
232-0060 Compliance Determination (10/14/99)
232-0070 Gasoline Dispensing Facilities (10/14/99)
232-0080 Bulk Gasoline Plants (10/14/99)
232-0085 Gasoline Delivery Vessel(s) (10/14/99)
232-0090 Bulk Gasoline Terminals (10/14/99)
232-0100 Testing Vapor Transfer and Collection Systems (10/14/99)
232-0110 Loading Gasoline onto Marine Tank Vessels (6/1/01)
232-0120 Cutback and Emulsified Asphalt (10/14/99)
232-0130 Petroleum Refineries (10/14/99)
232-0140 Petroleum Refinery Leaks (10/14/99)
232-0150 Liquid Storage (10/14/99)
232-0160 Surface Coating in Manufacturing (10/14/99)
232-0170 Aerospace Component Coating Operations (10/14/99)
232-0180 Degreasers (10/14/99)
232-0190 Open Top Vapor Degreasers (10/14/99)
232-0200 Conveyorized Degreasers (10/14/99)
232-0210 Asphaltic and Coal Tar Pitch Used for Roofing Coating (10/14/
99)

[[Page 779]]

232-0220 Flat Wood Coating (10/14/99)
232-0230 Rotogravure and Flexographic Printing (10/14/99)
232-0240 Perchloroethylene Dry Cleaning (10/14/99)

      Division 234--Emission Standards for Wood Products Industries

234-0010 Definitions, excluding (25), (28)(a) & (46) (10/14/99)

                          Wigwam Waste Burners

234-0100 Statement of Policy and Applicability (10/14/99)
234-0110 Authorization to Operate a Wigwam Burner (10/14/99)
234-0120 Emission and Operation Standards for Wigwam Waste Burners (10/
14/99)
234-0130 Monitoring and Reporting (10/14/99)
234-0140 Existing Administrative Agency Orders (10/14/99)

                            Kraft Pulp Mills

234-0200 Statement of Policy and Applicability (10/14/99)
234-0210 Emission Limitations, excluding (1) (10/14/99)
234-0220 More Restrictive Emission Limits (10/14/99)
234-0230 Plans and Specifications (10/14/99)
234-0240 Monitoring, excluding (2) (10/14/99)
234-0250 Reporting, excluding (1) & (2) (10/14/99)
234-0260 Upset Conditions, excluding (3)(a)(A) & (3)(b)(A) (10/14/99)
234-0270 Chronic Upset Conditions (10/14/99)

             Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills

234-0300 Applicability (10/14/99)
234-0310 Emission Limitations, excluding (1) (10/14/99)
234-0320 More Restrictive Emission Limits, excluding (2) (10/14/99)
234-0330 Plans and Specifications (10/14/99)
234-0340 Monitoring, excluding (2) (10/14/99)
234-0350 Reporting, excluding (1) (10/14/99)
234-0360 Upset Conditions, excluding (3)(a)(A) (10/14/99)

                           Sulfite Pulp Mills

234-0400 Statement of Policy and Applicability (10/14/99)
234-0410 Minimum Emission Standards (10/14/99)
234-0420 Monitoring and Reporting (10/14/99)
234-0430 Exceptions (10/14/99)

  Board Products Industries (Veneer, Plywood, Particleboard, Hardboard)

234-0500 Applicability and General Provisions (10/14/99)
234-0510 Veneer and Plywood Manufacturing Operations (10/14/99)
234-0520 Particleboard Manufacturing Operations (10/14/99)
234-0530 Hardboard Manufacturing Operations (10/14/99)

        Division 236--Emission Standards for Specific Industries

236-0010 Definitions (10/14/99)

                       Primary Aluminum Standards

236-0100 Statement of Purpose (10/14/99)
236-0110 Applicability (10/14/99)
236-0120 Emission Standards, excluding (1)(a), (3)(a), & (3)(e) (10/14/
99)
236-0130 Special Problem Areas (10/14/99)
236-0140 Monitoring, excluding references to fluorides (10/14/99)
236-0150 Reporting, excluding (1)(d) and (1)(e) (10/14/99)

                 Laterite Ore Production of Ferronickel

236-0200 Statement of Purpose (10/14/99)
236-0210 Applicability (10/14/99)
236-0220 Emission Standards (10/14/99)
236-0230 Monitoring and Reporting (10/14/99)

                         Hot Mix Asphalt Plants

236-0400 Applicability (10/14/99)
236-0410 Control Facilities Required (10/14/99)
236-0420 Other Established Air Quality Limitations (10/14/99)
236-0430 Portable Hot Mix Asphalt Plants (10/14/99)
236-0440 Ancillary Sources of Emission--Housekeeping of Plant Facilities 
(10/14/99)

       Division 240--Rules for Areas With Unique Air Quality Needs

240-0010 Purpose (10/14/99)
240-0020 Emission Limitations (7/1/01)
240-0030 Definitions (7/1/01)

  The Medford-Ashland Air Quality Maintenance Area and the Grants Pass 
                            Urban Growth Area

240-0100 Applicability (10/14/99)
240-0110 Wood Waste Boilers (7/1/01)
240-0120 Veneer Dryer Emission Limitations (7/1/01)
240-0130 Air Conveying Systems (Medford-Ashland AQMA Only) (7/1/01)
240-0140 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0150 Hardboard Manufacturing Plants (7/1/01)
240-0160 Wigwam Waste Burners (7/1/01)
240-0170 Charcoal Producing Plants (7/1/01)
240-0180 Control of Fugitive Emissions (Medford-Ashland AQMA Only) (7/1/
01)
240-0190 Requirement for Operation and Maintenance Plans (Medford-
Ashland AQMA Only) (7/1/01)
240-0200 Emission-Limits Compliance Schedules (7/1/01)
240-0210 Continuous Monitoring (7/1/01)
240-0220 Source Testing (7/1/01)
240-0230 New Sources (7/1/01)

[[Page 780]]

240-0240 Rebuilt Boilers (7/1/01)
240-0250 Open Burning (7/1/01)
240-0270 Dual-Fueling Feasibility Study for Wood-Waste Boilers (7/1/01)

                       La Grande Urban Growth Area

240-0300 Applicability (10/14/99)
240-0310 Compliance Schedule for Existing Sources (7/1/01)
240-0320 Wood-Waste Boilers (7/1/01)
240-0330 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0340 Hardboard Manufacturing Plants (7/1/01)
240-0350 Air Conveying Systems (7/1/01)
240-0360 Fugitive Emissions (7/1/01)

                     The Lakeview Urban Growth Area

240-0400 Applicability (7/1/01)
240-0410 Control of Fugitive Emissions (7/1/01)
240-0420 Requirement for Operation and Maintenance Plans (7/1/01)
240-0430 Source Testing (7/1/01)
240-0440 Open Burning (7/1/01)

           Division 242--Rules Applicable to the Portland Area

                    Employee Commute Options Program

242-0010 What is the Employee Commute Options Program? (10/14/99)
242-0020 Who is subject to ECO? (10/14/99)
242-0030 What Does ECO Require? (10/14/99)
242-0040 How does the Department Enforce ECO? (10/14/99)
242-0050 Definitions of Terms used in these Rules (10/14/99)
242-0060 Should All Employees at a Work Site Be Counted? (10/14/99)
242-0070 What are the Major Requirements of ECO? (10/14/99)
242-0080 What are the Registration Requirements? (10/14/99)
242-0090 What are the Requirements for an Employee Survey? (10/14/99)
242-0100 Special Requirements for Employers Intending to Comply without 
an Approved Plan (10/14/99)
242-0110 What if the Employer Does Not Meet the Target Auto Trip Rate? 
(10/14/99)
242-0120 How Will Employers Demonstrate Progress Toward the Target Auto 
Trip Rate? (10/14/99)
242-0130 What Is the Schedule Employers Must Follow To Implement ECO? 
(10/14/99)
242-0140 How Should Employers Account for Changes in Work Force Size? 
(10/14/99)
242-0150 How Can an Employer Reduce Auto Commute Trips to a Work Site? 
(10/14/99)
242-0160 What Should be Included in an Auto Trip Reduction Plan? (10/14/
99)
242-0170 When Will the Department Act on a Submitted Auto Trip Reduction 
Plan? (10/14/99)
242-0180 What is a Good Faith Effort? (10/14/99)
242-0190 How Does the ECO Program Affect New Employers, Expanding 
Employers and Employers Relocating Within the Portland AQMA? (10/14/99)
242-0200 Can A New or Relocating Employer Comply with ECO Through 
Restricted Parking Ratios? (10/14/99)
242-0210 Can An Existing Employer Comply With ECO Through Restricted 
Parking Ratios? (10/14/99)
242-0220 What if an Employer Has More Than One Work Site Within The 
Portland AQMA? (10/14/99)
242-0230 Can Employers Submit a Joint Plan? (10/14/99)
242-0240 Are There Alternatives to Trip Reduction? (10/14/99)
242-0250 What Alternatives Qualify as Equivalent Emission Reductions? 
(10/14/99)
242-0260 Can Employers Get Credit For Existing Trip Reduction Programs? 
(10/14/99)
242-0270 Are Exemptions Allowed If An Employer Is Unable to Reduce Trips 
Or Take Advantage of Alternate Compliance Options? (10/14/99)
242-0280 Participation In the Industrial Emission Management Program 
(10/14/99)
242-0290 What Kind of Records Must Be Kept and For How Long? (10/14/99)

                 Voluntary Maximum Parking Ratio Program

242-0300 What is the Voluntary Parking Ratio Program? (10/14/99)
242-0310 Who can Participate in the Voluntary Parking Ratio Program? 
(10/14/99)
242-0320 Definitions of Terms and Land Uses (10/14/99)
242-0330 How Does a Property Owner Comply with the Voluntary Parking 
Ratio Program? (10/14/99)
242-0340 What are the Incentives for Complying with the Voluntary 
Parking Ratio Program? (10/14/99)
242-0350 Why do I Need A Parking Ratio Permit? (10/14/99)
242-0360 What is Required to Obtain A Parking Ratio Permit? (10/14/99)
242-0370 How is the Parking Ratio Program Enforced? (10/14/99)
242-0380 When will the Department Act on a Submitted Permit Application? 
(10/14/99)
242-0390 What are the Applicable Parking Ratios? (10/14/99)

                 Industrial Emission Management Program

242-0400 Applicability (10/14/99)
242-0410 Definition of Terms (10/14/99)
242-0420 Unused PSEL Donation Program (10/14/99)
242-0430 Industrial Growth Allowances (10/14/99)
242-0440 Industrial Growth Allowance Allocation (10/14/99)

[[Page 781]]

    Gasoline Vapors From Gasoline Transfer and Dispensing Operations

242-0500 Purpose and Applicability (10/14/99)
242-0510 Definitions (10/14/99)
242-0520 General Provisions (10/14/99)

                        Motor Vehicle Refinishing

242-0600 Applicability (10/14/99)
242-0610 Definitions (10/14/99)
242-0620 Requirements for Motor Vehicle Refinishing in Portland AQMA 
(10/14/99)
242-0630 Inspecting and Testing Requirements (10/14/99)

                               Spray Paint

242-0700 Applicability (10/14/99)
242-0710 Definitions (10/14/99)
242-0720 Spray Paint Standards and Exemptions (10/14/99)
242-0730 Requirements for Manufacture, Sale, and Use of Spray Paint (10/
14/99)
242-0740 Recordkeeping and Reporting Requirements (10/14/99)
242-0750 Inspection and Testing Requirements (10/14/99)

                      Area Source Common Provisions

242-0760 Applicability (10/14/99)
242-0770 Compliance Extensions (10/14/99)
242-0780 Exemption from Disclosure to the Public (10/14/99)
242-0790 Future Review (10/14/99)

                    Division 250--General Conformity

250-0010 Purpose (10/14/99)
250-0020 Applicability (10/14/99)
250-0030 Definitions (10/14/99)
250-0040 Conformity Analysis (10/14/99)
250-0050 Reporting Requirements (10/14/99)
250-0060 Public Participation (10/14/99)
250-0070 Frequency of Conformity Determinations (10/14/99)
250-0080 Criteria for Determining Conformity of General Federal Actions 
(10/14/99)
250-0090 Procedures for Conformity Determinations for General Federal 
Actions (10/14/99)
250-0100 Mitigation of Air Quality Impacts (10/14/99)

                 Division 252--Transportation Conformity

252-0010 Purpose (10/14/99)
252-0020 Applicability, except (3) (10/14/99)
252-0030 Definitions (10/14/99)
252-0040 Priority (10/14/99)
252-0050 Frequency of Conformity Determinations, except (4) & (5)(b) 
(10/14/99)
252-0060 Consultation (10/14/99)
252-0070 Content of Transportation Plans (10/14/99)
252-0080 Relationship of Transportation Plan & TIP Conformity with the 
NEPA Process (10/14/99)
252-0090 Fiscal Constraints for Transportation Plans & TIPs (10/14/99)
252-0100 Criteria & Procedures for Determining Conformity of 
Transportation Plans, Programs, and Projects: General, except (3) 
through (6) (10/14/99)
252-0110 Criteria & Procedures: Latest Planning Assumptions (10/14/99)
252-0120 Criteria & Procedures: Latest Emissions Model (10/14/99)
252-0130 Criteria & Procedures: Consultation (10/14/99)
252-0140 Criteria & Procedures: Timely Implementation of TCMs (10/14/99)
252-0150 Criteria & Procedures: Currently Conforming Transportation Plan 
and TIP (10/14/99)
252-0160 Criteria & Procedures: Projects from a Plan & TIP (10/14/99)
252-0170 Criteria & Procedures: Localized CO and PM-10 Violations (Hot 
spots) (10/14/99)
252-0180 Criteria & Procedures: Compliance w/PM-10 Control Measures (10/
14/99)
252-0190 Criteria & Procedures: Motor vehicle Emissions Budget, except 
(5) (10/14/99)
252-0200 Criteria & Procedures: Emission Reductions in Areas Without 
Motor Vehicle Emissions Budgets, except (6)(c) (10/14/99)
252-0210 Consequences of Control Strategy Implementation Plan Failures, 
except (1)(b) (10/14/99)
252-0220 Requirements for Adoption or Approval of Projects by Other 
Recipients of Funds Designated under Title 23 U.S.C. or the Federal 
Transit Laws, except (1)(a) & (2) (10/14/99)
252-0230 Procedures for Determining Regional Transportation-Related 
Emissions (10/14/99)
252-0240 Procedures for Determining Localized CO and PM-10 
Concentrations (Hot-Spot Analysis) (10/14/99)
252-0250 Using the Motor Vehicle Emissions Budget in the Applicable 
Implementation Plan (or Implementation Plan Submission), except (2) (10/
14/99)
252-0260 Enforceability of Design Concept and Scope and Project-Level 
Mitigation and Control Measures (10/14/99)
252-0270 Exempt Projects (10/14/99)
252-0280 Projects Exempt from Regional Emissions Analyses (10/14/99)
252-0290 Traffic Signal Synchronization Projects (10/14/99)

             Division 258--Motor Vehicle Fuel Specifications

258-0010 Definitions (10/14/99)

                           Oxygenated Gasoline

258-0100 Policy (10/14/99)
258-0110 Purpose and General Requirements (10/14/99)
258-0120 Sampling & Testing for Oxygen Content (10/14/99)

[[Page 782]]

258-0130 Compliance Options (10/14/99)
258-0140 Per Gallon Oxygen Content Standard (10/14/99)
258-0150 Average Oxygen Content Standard (10/14/99)
258-0160 Minimum Oxygen Content (10/14/99)
258-0170 Oxygenated Gasoline Blending (10/14/99)
258-0180 Registration (10/14/99)
258-0190 CAR, Distributor and Retail Outlet Operating Permits (10/14/99)
258-0200 Owners of Gasoline at Terminals, Distributors and Retail 
Outlets Required to Have Indirect Source Operating Permits (10/14/99)
258-0210 Recordkeeping (10/14/99)
258-0220 Reporting (10/14/99)
258-0230 Prohibited Activities (10/14/99)
258-0240 Inspection and Sampling (10/14/99)
258-0250 Liability for Violation of a Prohibited Activity (10/14/99)
258-0260 Defenses for Prohibited Activities (10/14/99)
258-0270 Inability to Produce Conforming Gasoline Due to Extraordinary 
Circumstances (10/14/99)
258-0280 Quality Assurance Program (10/14/99)
258-0290 Attest Engagements Guidelines when Prohibited Activities 
Alleged (10/14/99)
258-0300 Dispenser Labeling (10/14/99)
258-0310 Contingency Provision for Carbon Monoxide Nonattainment Areas 
(10/14/99)

                    Standard for Automotive Gasoline

258-0400 Reid Vapor Pressure for Gasoline (10/14/99)

                  Division 262--Residential Woodheating

262-0010 Purpose (10/14/99)
262-0020 Definitions (10/14/99)

                             Woodstove Sales

262-0030 Requirements for Sale of Woodstoves (10/14/99)
262-0040 Exemptions (10/14/99)

                     Woodstove Certification Program

262-0100 Applicability (10/14/99)
262-0110 Emissions Performance Standards and Certification (10/14/99)
262-0120 General Certification Procedures (10/14/99)
262-0130 Labeling Requirements (10/14/99)

                         Woodburning Curtailment

262-0200 Applicability (10/14/99)
262-0210 Determination of Air Stagnation Conditions (10/14/99)
262-0220 Prohibition on Woodburning During Periods of Air Stagnation 
(10/14/99)
262-0230 Public Information Program (10/14/99)
262-0240 Enforcement (10/14/99)
262-0250 Suspension of Department Program (10/14/99)

                  Woodstove Removal Contingency Program

262-0300 Applicability (10/14/99)
262-0310 Removal and Destruction of Uncertified Stove Upon Sale of Home 
(10/14/99)
262-0320 Home Seller's Responsibility to Verify Stove Destruction (10/
14/99)
262-0330 Home Seller's Responsibility to Disclose (10/14/99)

          Division 266--Field Burning Rules (Willamette Valley)

266-0010 Introduction (10/14/99)
266-0020 Policy (10/14/99)
266-0030 Definitions (10/14/99)
266-0040 General Requirements (10/14/99)
266-0050 Registration, Permits, Fees, Records (10/14/99)
266-0060 Acreage Limitations, Allocations (10/14/99)
266-0070 Daily Burning Authorization Criteria (10/14/99)
266-0080 Burning by Public Agencies (Training Fires) (10/14/99)
266-0090 Preparatory Burning (10/14/99)
266-0100 Experimental Burning (10/14/99)
266-0110 Emergency Burning, Cessation (10/14/99)
266-0120 Propane Flaming (10/14/99)
266-0130 Stack Burning (10/14/99)

                Division 268--Emission Reduction Credits

268-0010 Applicability (7/1/01)
268-0020 Definitions (10/14/99)
268-0030 Emission Reduction Credits (7/1/01)

          3.2 Lane Regional Air Pollution Authority Regulations

    (LRAPA effective date)/EPA SIP effective date
    Title 11 Policy and General Provisions
    11-005 Policy (10-9-79)/11-8-93
    11-010 Construction and Validity (10-9-79)/11-8-93

              Title 12 Definitions (3-8-94)/October 2, 2001

       Title 16 Home Wood Heating Curtailment Program Enforcement

    16-001 Purpose (7-13-93)/10-24-94
    16-010 Definitions (7-13-93)/10-24-94
    16-100 Civil Penalty Schedule (7-13-93)/10-24-94
    16-110 Classification of Violations (7-13-93)/10-24-94
    16-120 Notice of Violation (7-13-93)/10-24-94
    16-130 Appeal of Civil Penalty (7-13-93)/10-24-94
    16-140 Conducting Contested Case Evidentiary Hearings (7-13-93)/10-
24-94
    16-150 Evidentiary Rules (7-13-93)/10-24-94
    16-160 Final Orders (7-13-93)/10-24-94

[[Page 783]]

    16-170 Default Orders (7-13-93)/10-24-94
Title 30 Incinerator Regulations
    30-005 Purpose and Applicability (3-8-94)/October 2, 2001
    30-010 Definitions (3-8-94)/October 2, 2001
    30-015 Best Available Control Technology for Solid and Infectious 
Waste Incinerators (3-8-94)/October 2, 2001
    30-020 Emission Limitations for Solid and Infectious Waste 
Incinerators *except for sections (2) & (8) (3-8-94)/October 2, 2001
    30-025 Design and Operation for Solid and Infectious Waste 
Incinerators *except for section (9) (3-8-94)/October 2, 2001
    30-030 Continuous Emission Monitoring for Solid and Infectious Waste 
Incinerators *except for sections (1)(I) & (2)(E) (3-8-94)/October 2, 
2001
    30-035 Reporting and Testing for Solid and Infectious Waste 
Incinerators (3-8-94)/October 2, 2001
    30-040 Compliance for Solid and Infectious Waste Incinerators (3-8-
94)/October 2, 2001
    30-045 Emission Limitations of Crematory Incinerators *except for 
section (3) (3-8-94)/October 2, 2001
    30-050 Design and Operation of Crematory Incinerators (3-8-94)/
October 2, 2001
    30-055 Monitoring and Reporting for Crematory Incinerators (3-8-94)/
October 2, 2001
    30-060 Compliance of Crematory Incinerators (3-8-94)/October 2, 2001
Title 32 Emission Standards
    32-001 Definitions (11-10-94)/October 2, 2001
    32-005 Highest and Best Practicable Treatment and Control Required 
(11-10-94)/October 2, 2001
    32-006 Pollution Prevention (11-10-94)/October 2, 2001
    32-007 Operating and Maintenance Requirements (11-10-94)/October 2, 
2001
    32-008 Typically Achievable Control Technology (TACT) (11-10-94)/
October 2, 2001
    32-009 Additional Control Requirements for Stationary Sources of Air 
Contaminants (11-10-94)/October 2, 2001
    32-010 Visible Air Contaminant Limitations (11-10-94)/October 2, 
2001
    32-015 Particulate Matter Weight Standards (11-10-94)/October 2, 
2001
    32-020 Particulate Matter Weight Standards--Existing Combustion 
Sources (11-10-94)/October 2, 2001
    32-030 Particulate Matter Weight Standards--New Combustion Sources 
(11-10-94)/October 2, 2001
    32-045 Process Weight Emission Limitations (11-10-94)/ October 2, 
2001
    32-055 Particulate Matter Size Standard (11-10-94)/October 2, 2001
    32-060 Airborne Particulate Matter (9-14-82)/11-8-93
    32-060 Air Conveying Systems (11-10-94)/October 2, 2001
    32-065 Sulfur Content of Fuels (11-10-94)/October 2, 2001
    32-070 Sulfur Dioxide Emission Limitations (11-10-94)/October 2, 
2001
    32-090 Other Emissions (11-10-94)/October 2, 2001
    Table 1 Table of Allowable Rate of Particulate Emissions--Based on 
Process Weight (11-10-94)/October 2, 2001

Title 33 Prohibited Practices and Control of Special Classes of Industry

    33-030 Concealment and Masking of Emissions(11-10-94)/October 2, 
2001
    33-045 Gasoline Tanks (11-10-94)/October 2, 2001
    33-060 Board Products Industries (Hardwood, Particleboard, Plywood, 
Veneer) (11-10-94)/October 2, 2001
    33-065 Charcoal Producing Plants (11-10-94)/October 2, 2001
    33-070 Kraft Pulp Mills *except sections (1)(Definitions of Non-
Condensibles, Other Sources, and Total Reduced Sulfur (TRS)), (3)(A), 
(6)(B), (7)(A), (7)(B), (8)(C)(1)(a), & (8)(C)(2)(a) (11-10-94)/October 
2, 2001
    33-075 Hot Mix Asphalt Plants (11-10-94)/October 2, 2001
    Title 34 Stationary Source Rules and Permitting Procedures
    34-001 General Policy and Rule Organization (6-13-00)/October 2, 
2001
    34-005 Definitions (6-13-00)/October 2, 2001

               Rules Applicable to All Stationary Sources

    34-010 Applicability (6-13-00)/October 2, 2001
    34-015 Request for Information (6-13-00)/October 2, 2001
    34-020 Information Exempt from Disclosure (6-13-00)/October 2, 2001
    34-030 Source Registration (6-13-00)/October 2, 2001
    34-040 Compliance Schedules for Existing Sources Affected by New 
Rules (6-13-00)/October 2, 2001

 Rules Applicable to Sources Required To Have ACDP or Title V Operating 
                                 Permits

    34-050 Applicability (6-13-00)/October 2, 2001
    34-060 Plant Site Emission Limit Rules (6-13-00)/October 2, 2001 
*except for sections (6) and (8)
    34-070 Sampling, Testing and Monitoring of Air Contaminant Emissions 
(6-13-00)/October 2, 2001

 Rules Applicable to Sources Required To Have Air Contaminant Discharge 
                             Permits (ACDP)

    34-090 Purpose and Applicability (6-13-00)/October 2, 2001
    34-100 Permit Categories (6-13-00)/October 2, 2001

[[Page 784]]

    34-110 Permit Required (6-13-00)/October 2, 2001
    34-120 Synthetic Minor Sources (6-13-00)/October 2, 2001
    34-130 General Procedures for Obtaining ACDP Permits (6-13-00)/
October 2, 2001
    34-140 Permit Duration (6-13-00)/October 2, 2001
    34-150 ACDP Fees (6-13-00)/October 2, 2001
    Table A Air Contaminant Sources and Associated Fee Schedule (6-13-
00)/October 2, 2001
Title 38 New Source Review
    38-001 General Applicability (2-13-90)/11-8-93
    38-005 Definitions (2-13-90)/11-8-93
    38-010 General Requirements for Major Sources and Major 
Modifications (2-13-90)/11-8-93
    38-015 Additional Requirements for Major Sources or Major 
Modifications Located in Nonattainment Areas (2-13-90)/11-8-93
    38-020 Additional Requirements for Major Sources or Major 
Modifications in Attainment or Unclassified Areas (Prevention of 
Significant Deterioration) (2-13-90)/11-8-93
    38-025 Exemptions for Major Sources and Major Modifications (2-13-
90)/11-8-93
    38-030 Baseline for Determining Credits for Offsets (2-13-90)/11-8-
93
    38-035 Requirements for Net Air Quality Benefit for Major Sources 
and Major Modifications (2-13-90)/11-8-93
    38-040 Emission Reduction Credit Banking (2-13-90)/11-8-93
    38-045 Requirements for Non-Major Sources and Non-Major 
Modifications (2-13-90)/11-8-93
    38-050 Stack Height and Dispersion Techniques (2-13-90)/11-8-93

    Title 39 Contingency for PM10 Sources in Eugene-Springfield Non-
                             Attainment Area

    39-001 Purpose (11-13-91)/10-24-94
    39-005 Relation to Other Rules (11-13-91)/10-24-94
    39-010 Applicability (11-13-91)/10-24-94
    39-015 Definitions (11-13-91)/10-24-94
    39-020 Compliance Schedule for Existing Sources (11-13-91)/10-24-94
    39-025 Wood-Waste Boilers (11-13-91)/10-24-94
    39-030 Veneer Dryers (11-13-91)/10-24-94
    39-035 Particleboard Plants and Wood Particle Dryers (11-13-91)/10-
24-94
    39-040 Kraft Pulp Mills (11-13-91)/10-24-94
    39-050 Air Conveying Systems (11-13-91)/10-24-94
    39-055 Fugitive Dust (11-13-91)/10-24-94
    39-060 Open Burning (11-13-91)/10-24-94

Title 47 Rules for Open Outdoor Burning 47-001 General Policy (8-14-84)/
                                 11-8-93

    47-005 Statutory Exemptions from These Rules (8-14-84)/11-8-93
    47-010 Definitions (1-1-93)/3-13-95
    47-015 Open Burning Requirements (1-1-93)/3-13-95
    47-020 Letter Permits (1-1-93)/3-13-95
    47-030 Summary of Seasons, Areas, and Permit Requirements for Open 
Outdoor Burning (1-1-93)/3-13-95
Title 50 Ambient Air Standards 50-005 General (7-12-88)/11-8-93
    50-015 Suspended Particulate Matter (7-12-88)/11-8-93
    50-025 Sulfur Dioxide (7-12-88)/11-8-93
    50-030 Carbon Monoxide (7-12-88)/11-8-93
    50-035 Ozone (7-12-88)/11-8-93
    50-040 Nitrogen Dioxide (7-12-88)/11-8-93
    50-045 Lead (7-12-88)/11-8-93
Title 51 Air Pollution Emergencies
    51-005 Introduction (7-12-88)/11-8-93
    51-010 Episode Criteria (7-12-88)/11-8-93
    51-015 Emission Reduction Plans (7-12-88)/11-8-93
    51-020 Preplanned Abatement Strategies (7-12-88)/11-8-93
    51-025 Implementation (7-12-88)/11-8-93
    Table I Air Pollution Episode, Alert Condition Emission Reduction 
Plan (7-12-88)/11-8-93
    Table II Air Pollution Episode, Warning Conditions Emission 
Reduction Plan (7-12-88)/11-8-93

 3.3 OAR Chapter 629-43-043 Smoke Management Plan Administrative Rules 
                               (12-12-86)

          4. Control Strategies for Nonattainment Areas (1-86)

    4.1 Portland-Vancouver AQMA-Total Suspended Particulate (12-19-80)
    4.2 Portland-Vancouver AQMA-Carbon Monoxide (7-16-82)
    4.3 Portland-Vancouver AQMA-Ozone (7-16-82)
    4.4 Salem Nonattainment Area-Carbon Monoxide (7-79)
    4.5 Salem Nonattainment Area-Ozone (9-19-80)
    4.6 Eugene-Springfield AQMA-Total Suspended Particulate (1-30-81)
    4.7 Eugene-Springfield AQMA-Carbon Monoxide (6-20-79)
    4.8 Medford-Ashland AQMA-Ozone (1-85)
    4.9 Medford-Ashland AQMA-Carbon Monoxide (8-82)
    4.10 Medford-Ashland AQMA-Particulate Matter (4-83)
    4.11 Grants Pass Nonattainment-Carbon Monoxide (10-84)

   5. Control Strategies for Attainment and Nonattainment Areas (1-86)

    5.1 Statewide Control Strategies for Lead (1-83)
    5.2 Visibility Protection Plan (10-24-86)
    5.3 Prevention of Significant Deterioration (1-86)

[[Page 785]]

                6. Ambient Air Quality Monitoring Program

    6.1 Air Monitoring Network (1-86)
    6.2 Data Handling and Analysis Procedures (1-86)
    6.3 Episode Monitoring (1-86)

                     7. Emergency Action Plan (1-86)

                      8. Public Involvement (1-86)

                 9. Plan Revisions and Reporting (1-86)

                          Volume 3--Appendices

     Statewide Regulatory Provisions and Administration (Appendix A)

Directive 1-4-1-601 Operational Guidance for the Oregon SmokeManagement 
          Program/Slash Burning Smoke Management Plan (App. A1)
Field Burning Smoke Management Plan (App. A2)
Interagency Memoranda of Understanding Lead Agency Designations (App. 
          A3)
Source Sampling Manual (App. A4)
Air Quality Monitoring Quality Assurance Procedures Manual (App. A5)
Continuous Monitoring Manual (App. A6)

         Control Strategies for Nonattainment Areas (Appendix B)

                    Portland-Vancouver AQMA (App. B1)

Legal Definition of TSP Nonattainment Area Boundaries (App. B1-1)
Carbon Monoxide Monitoring Program (App. B1-2)
Carbon Monoxide Emission Inventories (App. B1-3)
Volatile Organic Compound Emission Inventories (App. B1-4)
Input Factors Used to Develop Motor Vehicle EI's (App. B1-5)

                   Salem Nonattainment Area (App. B2)

Study Area (App. B2-1)
Emission Inventories (App. B2-2)
Existing Programs and Plans (App. B2-3)
Carbon Monoxide Analysis (App. B2-4)

                    Eugene-Springfield AQMA (App. B3)

Unpaved Road Dust Inventory (App. B3-1)
Phase II Work Plans (App. B3-2)

                     Medford-Ashland AQMA (App. B4)

Legal Description of the Medford-Ashland AQMA (App. B4-1)
Documentation of Ozone Standard Attainment Projection (App. B4-2)
Air Quality Work Plan (App. B4-3)
Volatile Organic Compound Emissions Inventory (App. B4-4)
Carbon Monoxide Emission Inventory (App. B4-5)
Reasonably Available Transportation Measures (App. B4-6)
Description of the Projected TSP Nonattainment Area (App. B4-7)
Attainment Dates for Newly Designated Nonattainment Areas (App. B4-8)

                Statewide Control Strategies (Appendix C)

Lead (App. C1)
Lead Emission Inventories for Portland-Vancouver AQMA (App. C1-1)

[59 FR 25334, May 16, 1994, as amended at 60 FR 2692, Jan. 11, 1995; 66 
FR 40620, Aug. 3, 2001; 68 FR 2904, Jan. 22, 2003]



Sec. Sec. 52.1978-52.1981  [Reserved]



Sec. 52.1982  Control strategy: Ozone.

    (a) Part D--Approval. (1) The Salem/ Portland and Medford/Ashland 
area attainment plans are approved as satisfying Part D requirements 
with the following clarification as to their implementation:
    (i) DEQ source test method 24 will be used in conjunction with 
method 25 for determining compliance of surface coating operations.
    (ii) The phrase ``in most cases'' in rule OAR 340-232-0060(1) 
applies to approximately 1,200 gasoline service stations where 
compliance is determined by observing whether specific emission control 
equipment, selected from a specific list on file at DEQ, is in place and 
operating properly.

[46 FR 54940, Nov. 5, 1981, as amended at 68 FR 2909, Jan. 22, 2003]



Sec. Sec. 52.1983-52.1986  [Reserved]



Sec. 52.1987  Significant deterioration of air quality.

    (a) The Oregon Department of Environmental Quality rules for the 
prevention of significant deterioration of air quality (provisions of 
OAR Chapter 340, Divisions 200, 202, 209, 212, 216, 222, 224, 225 
(except 225-0090(2)(a)(C) on interpollutant offset ratios), and 268, as 
in effect on May 1, 2011, are approved as meeting the requirements of 
title I, part C, subpart 1 of the Clean Air Act, as in effect on July 1, 
2011, for preventing significant deterioration of air quality.
    (b) The Lane Regional Air Pollution Authority rules for permitting 
new and modified major stationary sources (Title 38 New Source Review) 
are approved, in conjunction with the Oregon Department of Environmental 
Quality

[[Page 786]]

rules, in order for the Lane Regional Air Pollution Authority to issue 
prevention of significant deterioration permits within Lane County.
    (c) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing the significant deterioration of 
air quality on Indian reservations and, therefore, the provisions in 
Sec. 52.21 except paragraph (a)(1) are hereby incorporated and made 
part of the applicable plan for Indian reservations in the State of 
Oregon.

[76 FR 80754, Dec. 27, 2011]



Sec. 52.1988  Air contaminant discharge permits.

    (a) Except for compliance schedules under OAR 340-200-0050, emission 
limitations and other provisions contained in Air Contaminant Discharge 
Permits issued by the State in accordance with the provisions of the 
Federally-approved rules for Air Contaminant Discharge Permits (OAR 
chapter 340, Division 216), Plant Site Emission Limit (OAR chapter 340, 
Division 222), Alternative Emission Controls (OAR 340-226-0040) and 
Public Participation (OAR chapter 340, Division 209), shall be 
applicable requirements of the Federally-approved Oregon SIP (in 
addition to any other provisions) for the purposes of section 113 of the 
Clean Air Act and shall be enforceable by EPA and by any person in the 
same manner as other requirements of the SIP. Plant site emission limits 
and alternative emission limits (bubbles) established in Federal 
Operating Permits issued by the State in accordance with the Federally-
approved rules for Plant Site Emission Limit (OAR chapter 340, Division 
222) and Alternative Emission Controls (OAR 340-226-0040), shall be 
applicable requirements of the Federally-approved Oregon SIP (in 
addition to any other provisions) for the purposes of section 113 of the 
Clean Air Act and shall be enforceable by EPA and by any person in the 
same manner as other requirements of the SIP.
    (b) Emission limitations and other provisions contained in Air 
Contaminant Discharge Permits and Federal Operating Permits established 
by the Lane Regional Air Pollution Authority pursuant to the rules 
applicable to sources required to have ACDP or Title V Operating Permits 
(Title 34, Sections 050, 060 (except for 060(6) ``Plant Site Emission 
Limits for Sources of Hazardous Air Pollutants'' and 060(8) 
``Alternative Emission Controls (Bubble)''), and 070) and the rules 
applicable to sources required to have air contaminant discharge permits 
(ACDP) (Title 34, Sections 090 through 150), shall be applicable 
requirements of the Federally-approved Oregon SIP (in addition to any 
other provisions) for the purposes of Section 113 of the Clean Air Act 
and shall be enforceable by EPA and by any person in the same manner as 
other requirements of the SIP.

[62 FR 10462, Mar. 7, 1997, as amended at 66 FR 40622, Aug. 3, 2001; 68 
FR 2909, Jan. 22, 2003]



Sec. 52.1989  Interstate Transport for the 1997 8-hour ozone NAAQS and 
1997 PM2.5 NAAQS.

    (a) On June 23, 2010 and December 22, 2010, the Oregon Department of 
Environmental Quality submitted a SIP revision, adopted by the Oregon 
Environmental Quality Commission on April 30, 2010, to meet the 
requirements of Clean Air Act section 110(a)(2)(D)(i). EPA approves the 
portion of this submittal relating to significant contribution to 
nonattainment of the NAAQS in any other state and interference with 
maintenance of the NAAQS by any other state. EPA also approves the 
portion of the submittal addressing the requirement in Clean Air Act 
section 110(a)(2)(D)(i)(II) that a state not interfere with any other 
state's required measures to prevent significant deterioration (PSD) of 
its air quality (the third PSD element).
    (b) On December 20, 2010, the Oregon Department of Environmental 
Quality submitted a Regional Haze SIP revision, adopted by the Oregon 
Environmental Quality Commission on December 9, 2010. EPA approves the 
portion of this submittal relating to section 110(a)(2)(D)(i)(II) as it 
applies to visibility for the 1997 8-hour ozone NAAQS and 1997 
PM2.5 NAAQS. The SIP revision also meets the requirements of 
Clean Air Act section 169A and 40 CFR

[[Page 787]]

51.308(e) regarding Best Available Retrofit Technology and the 
requirements of 40 CFR 51.308(d)(2) and (d)(4)(v) regarding the 
calculation of baseline and natural conditions for the Mt. Hood 
Wilderness Area, Mt. Jefferson Wilderness Area, Mt Washington Wilderness 
Area, Kalmiopsis Wilderness Area, Mountain Lakes Wilderness Area, 
Gearhart Mountain Wilderness Area, Crater Lake National Park, Diamond 
Peak Wilderness Area, Three Sisters Wilderness Area, Strawberry Mountain 
Wilderness Area, Eagle Cap Wilderness Area, and Hells Canyon 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.

[76 FR 33651, June 9, 2011, as amended at 76 FR 39005, July 5, 2011; 76 
FR 80754, Dec. 27, 2011]



Sec. 52.1990  Interstate Transport for the 2006 24-hour PM2.5 NAAQS.

    (a) EPA approves the portion of Oregon's SIP revision submitted June 
23, 2010, and December 22, 2010 (referenced in Sec. 52.1989(a)) 
addressing the requirement in Clean Air Act section 110(a)(2)(D)(i)(II) 
that a state not interfere with any other state's required measures to 
prevent significant deterioration (PSD) of its air quality (the third 
PSD element).
    (b) [Reserved]

[76 FR 80754, Dec. 27, 2011]



Sec. 52.1991  Section 110(a)(2) infrastructure requirements.

    On September 25, 2008, Oregon Department of Environmental Quality 
submitted a certification to address the requirements of CAA Section 
110(a)(1) and (2) for the 1997 8-hour ozone NAAQS. EPA approves the 
submittal as meeting the following 110(a)(2) infrastructure elements for 
the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), (H), 
(J), (K), (L), and (M).

[77 FR 29905, May 21, 2012]



Sec. Sec. 52.1992-1219  [Reserved]

[[Page 789]]



                              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 791]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2013)

                      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 792]]

       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 793]]

    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 794]]

   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (9600--9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
     XCVII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--99)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         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)

[[Page 795]]

       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       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)

[[Page 796]]

        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 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 797]]

               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 798]]

                    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 799]]

                       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 800]]

        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 801]]

        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 802]]

      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 803]]

         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 (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  National Institute for Literacy (Parts 1100--1199)
       XII  National Council on Disability (Parts 1200--1299)

[[Page 804]]

                          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--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)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)

[[Page 805]]

       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)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--599)

[[Page 806]]

         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)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)

[[Page 807]]

       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)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)

[[Page 808]]

        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 (Parts 5300--5399) 
                [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)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)

[[Page 809]]

         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 (Parts 1400--1499) 
                [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 811]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2013)

                                                  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
Afghanistan Reconstruction, Special Inspector     22, LXXXIII
     General for
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

[[Page 812]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
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 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 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              5, LXXXIV; 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 813]]

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 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
  Environmental Quality, Council on               40, V

[[Page 814]]

  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
Foreign Service Impasse Disputes Panel            22, XIV

[[Page 815]]

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
Immigration Review, Executive Office for          8, V

[[Page 816]]

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
  Employee Benefits Security Administration       29, XXV

[[Page 817]]

  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              5, LXXXVI; 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
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI

[[Page 818]]

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
Private and Civil Liberties Oversight Board       6, X
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 819]]

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
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
United States and Canada, International Joint     22, IV
   Commission
[[Page 820]]

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 821]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2008 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
52.1020 (c)(64) added...............................................7467
    (c)(63) added...................................................9205
    (c)(61) added...................................................9462
    Redesignated as 52.1037; new 52.1020 added.....................56973
52.1023 (i) added...................................................5101
52.1031 Table amended...................................7468, 9205, 9462
52.1037 Redesignated from 52.1020; heading and (a) revised.........56973
52.1070 (c) table amended........3189, 10674, 40971, 41270, 51601, 53132
    (d) correctly revised..........................................12896
52.1076 (o) and (p) added..........................................43361
52.1120 (c)(134) added..............................................8820
    (c)(136) added.................................................44662
52.1140 Removed....................................................22823
52.1167 Table amended........................................8821, 44663
52.1170 (c) table amended...........................................5104
52.1188 Added......................................................53372
52.1220 (e) table amended; eff. 8-1-08.............................31368
    (e) table amended; eff. 8-4-08.................................31616
52.1270 (c) table corrected; CFR correction........................29691
52.1284 Removed....................................................22823
52.1285 Removed....................................................22823
52.1320 (c) table amended.....................17893, 17895, 53140, 17089
    (c) table amended; eff. 8-19-08.........................35074, 35077
52.1341 Removed....................................................22823
52.1342 Removed....................................................22823
52.1370 (c)(65) added..............................................10154
    (c)(66) added..................................................22062
    (c)(67) added..................................................43873
52.1392 Added......................................................21454
52.1393 Added......................................................10154
52.1470 (c)(65) added...............................................3396
    (c)(25)(v) and (66) added; (c)(56)(i)(A)(3)(i) revised.........19146
    (c)(18)(i)(A), (25)(vi), (56)(i)(A)(9) and (67) added..........20548
    (c)(68) through (71) added.....................................38128
    (c)(72) added..................................................66184
52.1534 (c) added..................................................14388
52.1570 (c)(84) added...............................................8202
    (c)(85) added..................................................40753
52.1602 Added......................................................24870
52.1605 Table amended...............................................8202
52.1670 (c)(113) added..............................................4112
52.1679 Table amended........................................4112, 21546
52.1683 (f) revised................................................15673
52.1684 Removed....................................................22823
52.1685 Removed....................................................22823
52.1770 (e) table amended..........................................18967
    (c) Table 1 amended............................................49615
52.1820 (c) table and (e) table amended; (d) table revised; eff. 
        7-28-08....................................................30313
    (c) table corrected............................................36594
52.1870 (c)(140) added..............................................6040
    (c)(141) added..................................................6429
    (c)(142) added..................................................8200
    (c)(141) corrected to (c)(142).................................11192
    (c)(143) added.................................................15083
    (c)(136) added.................................................15086

[[Page 822]]

52.1881 (a)(4) revised; (a)(7), (8) and (b) removed................15086
52.1882 Removed....................................................15087
52.1885 (gg) added.................................................57248
52.1920 (c) table amended..........................................79404
52.1970 (c)(145)(i)(A) revised; (c)(149) added.....................79661
52.1973 (a)(2) added...............................................79661

                                  2009

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
52.1070 (b) through (e) revised....................................11648
    (c) table amended.......................................12559, 56119
    (c) table correctly amended....................................24704
52.1072 (d) table removed..........................................12559
    (d) correctly removed..........................................24705
52.1073 (e) table removed..........................................12559
    (e) correctly removed..........................................24705
52.1081 Added.......................................................1148
    Existing text designated as (a); (b) added.....................60203
52.1084 Removed....................................................56120
52.1085 Removed....................................................56120
52.1170 (c) table amended; eff. 7-21-09............................23954
    (e) table amended..............................................30952
    (c) table amended..............................................41640
52.1174 (z) added..................................................30952
52.1220 (d) table amended.....................18140, 18637, 18640, 63069
    (d) table amended; eff. 7-20-09................................23635
52.1240 (b) added..................................................56726
52.1241 Existing text designated as (a); (b) added.................56726
52.1280 (a) revised................................................55143
52.1320 (b) through (e) revised....................................51784
    (c) table amended..............................................68691
52.1420 (b) through (e) revised....................................37940
52.1470 (c)(48)(i)(A)(2), (71)(i)(A)(3) and (4) added...............3976
    (c)(66)(i)(A)(4) added.........................................15220
    (c)(2)(i), (14)(vii)(A), (16)(viii)(D) and (ix)(A) added......51798, 
                                                                   57053
    Regulation at 74 FR 51798 withdrawn............................57048
52.1520 Rdesignated as 52.1535; new 52.1520 added..................50120
52.1534 (d) added...................................................8867
52.1535 Redesignated from 52.1520; heading and (a) revised.........50120
52.1570 (c)(86) added..............................................14736
    (c)(87) added..................................................17782
52.1582 (l) added..................................................15865
    (m) added......................................................22840
    (l) revised....................................................63995
52.1605 Table amended..............................................17783
52.1620 (c) table amended...................................14733, 46913
52.1683 (f)(1) revised; (f)(2)(i) and (ii) amended; (f)(2)(iv) 
        through (vii) added........................................63995
52.1770 (c) Table 1 amended........................................62498
    (e) table amended..............................................63998
52.1778 (c) revised................................................55143
52.1820 (b) through (e) revised.......18142, 41275, 41276, 42264, 46201, 
                                                                   67778
52.1870 (c)(146) added.............................................37172
    (c)(147) added.................................................40747
    (c)(140) revised...............................................48863
    (c)(144) added.................................................52693
52.1880 (k) added..................................................60203
52.1885 (ff)(8) and (hh) added.....................................47411
    (ff)(9), (hh)(2), (ii) and (jj) added..........................47421
52.1891 Removed....................................................48863
52.1892 Removed....................................................48863

                                  2010

40 CFR
                                                                   75 FR
                                                                    Page
Chapter I
52.1022 Revised....................................................82555
52.1070 (c) table amended...........................................6309
    (e) table amended; eff. 7-6-10.................................31710
    (e) table amended; eff. 7-12-10................................33173
    (c) table amended; eff. 8-17-10................................34646
    Regulation at 75 FR 34646 withdrawn............................48860
    (c) table amended................................59086, 59089, 59975
    Regulation at 75 FR 59975 withdrawn............................72963
52.1073 (h) added..................................................82556
52.1075 Heading revised; (i) added; eff. 7-6-10....................31711
    (j) added; eff. 7-12-10........................................33174
52.1076 (s) and (t) added; eff. 7-12-10............................33174
52.1170 (c) table amended...................................14354, 59083
52.1174 (aa) and (bb) added........................................58314
52.1180 (c) revised................................................55275
52.1220 (d) table amended..............11464, 45482, 48867, 78605, 81473
52.1233 Existing text designated as (a); (b) added.................82266
52.1234 (c) revised................................................55276
52.1237 (e) added..................................................54778
52.1270 (b) and (c) revised.........................................1714
    (c) table amended.......................................79302, 81863
52.1272 Revised....................................................82556
52.1320 (c) table amended...................................48582, 64954
52.1323 (n) added..................................................82557

[[Page 823]]

52.1370 (c)(68) added.........................................3996, 4700
52.1420 (c) table amended..........................................48584
52.1470 (c)(73), (74) and (75) added...............................59093
52.1570 (c)(88) added..............................................45484
    (c)(88)(i) revised; (c)(89) added..............................80342
52.1576 Removed....................................................45485
52.1582 (m)(6) revised.............................................80342
52.1602 (c) added..................................................69591
52.1605 Table amended.......................................45485, 80342
52.1620 (c) table amended................5701, 6815, 20925, 21172, 48863
    (e) table amended..............................................17871
    Regulation at 75 FR 17871 withdrawn............................23167
    (e) table amended; eff. 7-12-10................................33189
    (e) table amended..............................................68448
    (c) table and (e) table amended................................72694
52.1670 (c)(114) added.............................................29898
    (c)(115) added.................................................70142
52.1678 (e) added..................................................69591
52.1679 Table amended.......................................29899, 70142
52.1683 (k) added..................................................43069
52.1689 Removed....................................................70143
52.1772 (c) added..................................................82558
52.1781 (e) added.....................................................56
    (f) added........................................................232
    (e) correctly revised..........................................75626
    (f) correctly revised..........................................75627
52.1820 (c) table and (e) table amended; eff. 7-6-10...............31305
    (e) table amended..............................................71028
52.1870 (c)(145) added..............................................8500
    (c)(148) added; eff. 7-9-10....................................25772
    (c)(102)(i)(C)(1) and (149) added; eff. 7-21-10................34940
    (c)(150) added.................................................65572
    (c)(151) added.................................................65574
52.1873 Revised....................................................82559
52.1884 (c) revised................................................55276
52.1885 (ff)(10) and (hh)(3) added.................................26120
    (kk) added.....................................................50712
    (ff)(11) added.................................................72956
52.1890 (d) added..................................................65572
52.1919 (b) added..................................................50712
    (c) added......................................................65572
52.1920 (c) table and (e) table amended............................72701
52.1929 (c) added..................................................82559
52.1987 Revised....................................................82254

                                  2011

40 CFR
                                                                   76 FR
                                                                    Page
Chapter I
52.1020 (e) table amended..........................................40257
    (b)(3) revised.................................................49671
52.1070 (c) table amended...4536, 9652, 9658, 59254, 64017, 64022, 64239
    (c) table amended; eff. 7-11-11................................27612
    (b) revised; (c) table, (d) table and (e) table amended........52280
    (e) table amended.......................................58119, 72625
52.1075 (k) added..................................................58119
52.1076 (u) and (v) added..........................................58119
52.1084 Added......................................................48366
52.1085 Added......................................................48367
52.1132 (e) added..................................................27910
52.1170 (e) table amended..........................................41085
52.1186 (c) and (d) added..........................................48367
    (e) added......................................................80774
52.1187 Existing text designated as (a); (b) and (c) added.........48368
52.1220 (d) table amended...........................................2266
    (e) table amended..............................................41085
    (c) table amended..............................................49306
52.1240 (c) added..................................................48368
52.1241 (c) added..................................................48368
52.1270 (c) table correctly amended.................................2591
    (e) added......................................................41134
52.1272 Revised.....................................................5276
52.1284 Added......................................................48368
52.1320 (c) table amended....................................4078, 11085
    (e) table amended.......................................40624, 77703
52.1326 Added......................................................48369
    (b) added......................................................80775
52.1327 Added......................................................48369
52.1341 Added......................................................29656
52.1342 Revised....................................................43601
52.1370 (c)(71) added..............................................14587
    (c)(49)(i)(F), (55)(i)(B) and (70) added.......................40241
52.1394 Added......................................................43923
52.1420 (c) table amended..........................................15855
    (e) table amended..............................................40261
52.1428 Added......................................................48369
52.1429 Added......................................................48369
52.1520 (e) table amended..........................................40257
    (b)(3) revised.................................................49672
52.1534 (e) added..................................................14807
52.1570 (c)(90) added..............................................70353
52.1584 (c), (d) and (e) added.....................................48370
52.1585 Existing text designated as (a); (b) and (c) added.........48370
52.1620 (e) table amended; eff. 7-15-11............................28187
    (c) table and (e) table amended................................41703

[[Page 824]]

    (c) table amended.......................................43153, 81837
52.1628 Added......................................................52439
52.1629 Added......................................................52440
52.1634 (a) revised................................................41705
    (d) removed....................................................43153
    (d) and (e) removed............................................81838
52.1640 (c)(66)(i)(B) revised......................................41705
52.1670 Redesignated as 52.1689; new 52.1670 added.................41707
    (e) table amended..............................................51266
52.1679 Removed....................................................41712
52.1683 (l) added..................................................51266
52.1684 Revised....................................................48371
52.1685 Added......................................................48371
52.1689 Redesignated from 52.1670; heading and (a) revised.........41707
52.1770 (c) Table 1 amended........................................49317
    (a) Table 1 amended............................................64244
    (e) table correctly amended.............................71454, 71458
52.1772 (c) removed................................................64244
52.1779 Added......................................................70659
52.1781 (g) added..................................................43175
    (h) added......................................................59251
52.1784 Revised....................................................48371
52.1785 Revised....................................................48372
52.1820 (c) table and (e) table amended............................68321
52.1870 (c)(142) removed...........................................11083
    (c)(152) added.................................................18894
    (c)(138) correctly revised.....................................40247
    (c)(153) added.................................................41088
    (c)(114)(i)(A) revised; (c)(154) added.........................51902
52.1880 (l) added..................................................43180
    (m) added......................................................55544
    (n) added......................................................56643
    (o) added......................................................60376
    (p) and (q) added.......................................64837, 80260
    Regulation at 76 FR 64837 withdrawn............................76048
52.1882 Added......................................................48372
52.1883 Added......................................................48372
52.1891 Added......................................................41086
52.1892 Added......................................................55544
    Existing text designated as (a); (b) added.....................56643
    (c) added......................................................60376
    (d) added......................................................75467
52.1920 (c) table and (e) tables amended...........................81757
    (e) table amended..............................................81839
52.1923 Added......................................................81758
52.1928 Added......................................................81759
52.1929 (c)(4)(iii) correctly revised..............................11965
52.1989 Added; eff. 7-11-11........................................33651

                                  2012

40 CFR
                                                                   77 FR
                                                                    Page
Chapter I
52.1019 Added......................................................63232
52.1020 (c) table, (d) table and (e) table amended..........24390, 30217
    (e) table amended..............................................63232
52.1070 (c) table amended...........................................6969
    (c) table corrected.......................52605, 43001, 44148, 59095
    (d) table amended; eff. 7-2-12.................................25903
    (d) table amended; eff. 7-3-12.................................26440
    (c) table amended; eff. 7-16-12................................28492
    (c) table amended; eff. 8-13-12................................34809
    (e) table amended...........39943, 41279, 61515, 65490, 72967, 73315
    (c) table and (e) table amended................................45952
52.1073 (h) correctly removed......................................52605
52.1075 (l) added..................................................61515
    (m) added......................................................72968
    (n) added......................................................73316
52.1076 (w) added..................................................11741
    (x) added......................................................17343
    (y) added; eff. 7-12-12........................................34819
    (z) added......................................................65490
52.1081 (c) added..................................................30212
52.1082 Added.......................................................1413
    (c) added......................................................11741
    (d) added......................................................17344
    (e) added......................................................30212
    (f) and (g) added; eff. 7-12-12................................34819
52.1125 (d) added..................................................50601
52.1129 (e) added..................................................25363
    (f) and (g) added..............................................31498
    (h) added; eff. 7-19-12........................................36405
    (i) added......................................................50601
52.1131 (b) through (g) added......................................63233
52.1170 (c) table amended..........................................56125
    (e) table amended................................65487, 66548, 71549
52.1173 (h) and (i) added..........................................66547
52.1183 (a) revised; (d), (e) and (f) added; eff. 8-6-12...........33657
    (g), (h) and (i) added.........................................71550
52.1220 (d) table and (e) table amended; eff. 7-12-12..............34807
    (e) table amended..............................................65487
52.1270 (e) table amended; eff. 7-27-12............................38198
    (c) table amended..............................................59100
    (e) table amended................................61278, 61281, 61727
52.1279 Added; eff. 8-6-12.........................................33657
52.1280 Revised....................................................23398

[[Page 825]]

52.1320 (c) table amended...............3146, 11750, 22504, 56557, 58311
    (e) table amended...............................................3147
    (d) table and (e) table amended.................................9531
    (d) table and (e) table amended; eff. 7-26-12..................38011
52.1323 (o) added...................................................3147
    (n) removed....................................................22504
52.1339 (a) revised; (d), (e) and (f) added; eff. 8-6-12...........33657
    (c) revised; eff. 8-6-12.......................................38011
52.1341 Revised; eff. 7-27-12......................................38185
52.1342 (a) revised................................................25366
52.1370 (c)(72) added...............................................7534
    (c)(27)(i)(H) revised..........................................57915
52.1395 Added......................................................57915
52.1396 Added......................................................57915
52.1420 (d) heading revised; (d) table and (e) table amended.......40168
52.1437 Added......................................................40169
52.1470 Redesignated as 52.1490; new 52.1570 added.................14864
    (c) Table 1 and (e) table amended.......................17340, 50951
    (c) Table 1 amended............................................59327
    (c) Table 7 amended............................................60916
    (c) Table 3 amended............................................64049
    (e) table amended..............................................64745
52.1472 (d), (e) and (f) added.....................................64748
52.1488 (e) added..................................................17341
    (e) revised; (f) added.........................................50951
52.1490 Redesignated from 52.1470..................................14864
52.1491 Added......................................................17341
52.1519 (a)(3) and (4) added.......................................63233
52.1520 (c) table amended....................................5702, 50610
    (c) table, (d) table and (e) table amended..............50607, 66395
    (e) table amended..............................................63233
    (c) table and (e) table amended................................66926
52.1522 (c) removed.................................................5703
52.1534 (f) added..................................................31498
    (g) and (h) added..............................................65627
52.1570 (c)(91) added.................................................21
    (c)(92) added..................................................15265
52.1573 Existing text designated as (a); (b) added....................21
52.1576 Added................................................3151, 17344
    Regulation at 77 FR 3151 withdrawn.............................14697
    Existing text designated as (a); (b) added.....................28785
    Existing text designated as (a); (c) and (d) added; eff. 7-18-
12.................................................................36169
    Correctly revised..............................................47534
52.1582 (n) added..................................................17344
    (n) redesignated as (n)(1); (n)(2) added; eff. 7-18-12.........36169
52.1602 (d) added............................................3151, 28785
    Regulation at 77 FR 3151 withdrawn.............................14697
    (e) added......................................................76871
52.1605 Table amended..........................................21, 15266
52.1606 Revised.......................................................21
52.1620 (c) table amended............................18929, 30901, 65823
    (c) table amended; eff. 8-13-12................................35278
    (c) table and (e) table amended..................58034, 70706, 71128
52.1628 Stayed to 10-15-12.........................................41699
    Stayed from 10-15-12 to 11-29-12...............................64908
52.1634 (c) revised................................................58035
52.1670 (c) table amended...................................11743, 13977
    (c) table, (d) table and (e) table amended.....................51926
52.1678 (f) added..................................................76871
52.1679 Added; eff. 7-18-12........................................36169
52.1683 (f)(2)(viii) added; eff. 7-18-12...........................36170
52.1686 Added......................................................51928
52.1770 (e) table amended.......................3616, 5706, 59338, 62166
    (c) Table 1 amended............................................24384
    (e) table amended; eff. 7-3-12.................................26444
    (e) revised....................................................63238
    (c) table and (e) table amended; eff. 7-27-12..................38191
52.1773 Added.......................................................5706
    Existing text designated as (a); (b) added.....................63238
52.1776 Added; eff. 8-6-12.........................................33658
52.1778 (c) revised................................................23398
52.1779 (b) added..................................................13494
52.1820 (c) table and (e) table amended; (d) table revised.........20941
    (e) table amended..............................................57031
    (c) table amended..............................................64736
52.1825 Added......................................................20944
52.1833 Added......................................................57032
52.1870 (c)(155) added.............................................39180
    (c)(42), (51), (98)(i) and (119)(i)(A) revised; (c)(156) added
                                                                   59754
    Regulation at 77 FR 59754 withdrawn............................70122
52.1880 (r) added..................................................28265
    (p)(2) and (q)(2) added........................................76896
52.1886 Added; eff. 8-6-12.........................................33658
52.1891 (c) added..................................................65488
52.1920 (e) table amended...........................................3934

[[Page 826]]

52.1970 (c)(151)(ii)(B) added......................................50613
    (c)(139)(i)(C) added...........................................60629
52.1973 (g)(2) added...............................................50613
52.1991 Added......................................................29905

                                  2013

   (Regulations published from January 1, 2013, through July 1, 2013)

40 CFR
                                                                   78 FR
                                                                    Page
Chapter I
52.1070 (c) table amended..............................5291, 9595, 13498
    (d) table amended........................................9317, 34911
    (c) table amended; eff. 7-11-13................................34914
52.1072 Removed; eff. 8-5-13.......................................33984
52.1073 (b), (c) and (d) removed; eff. 8-5-13......................33984
52.1074 Removed; eff. 8-5-13.......................................33984
52.1077 Removed; eff. 8-5-13.......................................33984
52.1078 Removed; eff. 8-5-13.......................................33984
52.1079 Removed; eff. 8-5-13.......................................33984
52.1100 Revised; eff. 8-5-13.......................................33984
52.1118 Removed; eff. 8-5-13.......................................33984
52.1120 (c)(137) added..............................................5301
52.1167 Table amended...............................................5302
52.1183 (k) through (n) added.......................................8733
52.1220 (d) table amended...........................................6735
    Regulation at 78 FR 6735 withdrawn.............................18241
    (d) table amended..............................................28503
52.1235 Added.......................................................8738
52.1270 (c) and (e) amended........................................20795
    (e) table amended..............................................21845
52.1278 Designated as (a); (b) added...............................20796
52.1320 (c) table amended.............................5304, 11759, 19604
    (c) table and (e) table amended; eff. 7-22-13..................37461
    (b)(3) revised.................................................37976
52.1420 (b)(3) revised.............................................37976
52.1470 (e) table amended...........................................1152
52.1520 (c) table and (e) table amended.............................5302
52.1534 (i) added...................................................6743
52.1574 Removed; eff. 7-15-13......................................35765
52.1575 Removed; eff. 7-15-13......................................35765
52.1582 (o) added...................................................9597
52.1586 Added; eff. 7-15-13........................................35765
52.1602 (e) added....................................................885
52.1620 (e) table amended...........................................4338
    (c) table amended...............................................4341
    (c) table and (e) table amended................................15298
    Table corrected.................................................9828
52.1670 (e) table amended...........................................9597
    Heading,(c) table and (e) table amended; eff. 7-22-13..........37124
52.1683 (m) added...................................................9598
52.1770 (c) table 1 amended........................................27067
    (c) table 1 amended; eff. 7-15-13..............................28749
    (e) table amended..............................................12243
    Regulation at 78 FR 12243 withdrawn............................22198
    (e) table amended; eff. 7-22-13................................37122
52.1773 (c) added..................................................18244
52.1870 (c)(42), (51), (98)(i) and (119)(i)(A) revised; (c)(156) 
        added......................................................11750
    (c)(157) added.................................................19130
    (c)(151)(i)(A) correctly revised...............................19991
    (c)(158) added.................................................24991
52.1885 (ff)(12) added..............................................6041
    (ff)(13) added.................................................16790
    (ff)(14) added; eff. 7-15-13...................................28501
    (ff)(15) added; eff. 8-12-13...................................34906
    (ff)(16) added; eff. 8-12-13...................................34910
52.1919 (c) removed................................................19130
52.1970 (c)(155) added.............................................21555
    (c)(116)(i)(D) and (156).......................................24349
    (c)(139)(i)(D), (E), (153)(i)(H), (I) and (157) added; eff. 7-
22-13..............................................................37126
52.1973 (e)(6) added...............................................21555


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